Skyswatter vs Capital One

[skyswatter]

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Edited September 5, 2009 by skyswatter
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[skyswatter]

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Edited September 5, 2009 by skyswatter
deleted

[skyswatter]

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Edited September 5, 2009 by skyswatter
deleted

[zither]

Could be because its rrrrrreeeeeeeeeaaaaaaaalllllllyyyyyy long and people may not be bothered to read all that?- just a thought:rolleyes:

[skyswatter]

I thought the whole idea was that folk came her for advice and support

 

Evidently not!

[zither]

I see what you mean dont be dis- hearted I read it but sadly cant help. Ive had problems with these rogues before myself. Someone will see it and help Iam sure.

[skyswatter]

I received a letter today from Capital One stating that they have refunded the £12.00 penalty charges added to my account.

 

Although I have been paying them £10.00 every month, they added a £12.00 LATE OR FAILURE TO PAY charge to my account on the 5th October. Their settlement letter is dated 6th October.

 

I have drafted the following response to them.

Can you tell me if it is ok please?

 

Thank you for your letter dated 6th October 2009 informing me that you have refunded the penalty charges to my account.

 

On reviewing my account, I note that there has been a LATE OR FAILURE TO PAY charge of £12.00 added to my account on the 5th October 2009.

 

I would like this charge refunded.

 

Additionally please provide evidence that my records at Credit Reference Agencies have been corrected to reflect that there are no late payment markers, default markers, arrears markers etc., logged against my name.

[skyswatter]

Capital One have got round to responding to my letter.

 

They say they will refund the £12.00 and that the late payment markers will remain.

 

 

 

I had put in my court claim that they were to refund the charges and remove the markers.

 

What should I do now. I have not notified the court that they have refunded the charges as I was waiting for them to confirm that they have removed the late payment markers.

 

Do I enter judgement as they have failed to carry out all the requests in the court order?

 

Please let me know!

Edited November 17, 2009 by skyswatter

[johnerog]

Hello Sky

 

Sorry mate just found you and I've missed the first lot whats happening.

Why are you in court?

 

(I'm not a cap one fan either)

[skyswatter]

I issued a court claim for overlimit fees and late payment fees.

I went over the limit by like £3.00 and they applied iver limit fees to the account.

 

I have a standing order that is set up to pay them a set amount every month. I did not increase the amount to pay off their overlimit fee, so they then charged me late payment fees.

 

I submitted the court claim and they have refunded the charges. I pout in my claim that they were to refund the charges AND remove the markers from my credit file.

 

They have not removed the markers.

 

Do I enter judgement in light of their letter that I received today?

[johnerog]

By the way sky, I don't know why your earlier stuff was deleted but please remember that companies like Cap One would love to get CAG shut down. So, although we all get frustrated at times we need to be a little carefull of what we say, not everybody reading these posts are friends..

[skyswatter]

No I had deleted the posts.

 

I had put up my POC and no one was responding and I was getting rather desperate

[johnerog]

I issued a court claim for overlimit fees and late payment fees.

I went over the limit by like £3.00 and they applied iver limit fees to the account.

 

I have a standing order that is set up to pay them a set amount every month. I did not increase the amount to pay off their overlimit fee, so they then charged me late payment fees.

 

I submitted the court claim and they have refunded the charges. I pout in my claim that they were to refund the charges AND remove the markers from my credit file.

 

They have not removed the markers.

 

Do I enter judgement in light of their letter that I received today?

 

1. Have you got a court order against them? If you have are you sure it mentions the markers?

2. Do you still use the account?

3. How long have you had the account?

4. Have you CCA'd them.

 

I ask about the contract because you may have given them permission to use your info when you signed it.

[skyswatter]

I went through the whole process of prelim LBA and then I filed a court claim.

 

They refunded the charges but have not adjusted the markers.

 

Those markers were applied as a result of their unlawful charges, and yes I still use the account.

 

The account has not been cancelled and I still have a valid card.

I have had the account for about 6 years.

[johnerog]

when did you go to court?

[skyswatter]

The court claim was deemed issued on the 1st October 2009.

Capital acknowledged on the 5th October.

They refunded the charges on the 6th October.

They have not amended the data with Credit Reference Agencies as set out in the claim.

[johnerog]

The court claim was deemed issued on the 1st October 2009.

Capital acknowledged on the 5th October.

They refunded the charges on the 6th October.

They have not amended the data with Credit Reference Agencies as set out in the claim.

 

You do not appear to have been to court yet and you must be very careful not to get hit for costs on this. If you have signed an agreement allowing them to share your data and they produce it in court you could end up with a bill of several hundred pounds. Has a court date been set yet? Do you have a copy of your contract?

[skyswatter]

I am confused.

 

What do I need to do to get them to remove the late payment markers that they applied to my account as a result of THEIR UNLAWFUL charges.

 

The information that they have reported to credit reference agencies is false. I have never missed any payments. I have always paid every month. The account would never have been over limit or had late payment fees had they not kept on applying their charges.

[skyswatter]

As far as Cap One are concerned they have paid up - and they have totally ignored the full requests set out in the Court Claim.

[maroondevo52]

Hi, skyswatter.

 

This should help...............

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/149483-have-you-been-defaulted.html

 

Regards.

 

Scott.

[skyswatter]

Hi, skyswatter.

 

This should help...............

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/149483-have-you-been-defaulted.html

 

Regards.

 

Scott.

I cannot access the second link.

I am new to this, so I am not sure how it works?

I have not been defaulted on this account.

[johnerog]

I am confused.

 

What do I need to do to get them to remove the late payment markers that they applied to my account as a result of THEIR UNLAWFUL charges.

 

The information that they have reported to credit reference agencies is false. I have never missed any payments. I have always paid every month. The account would never have been over limit or had late payment fees had they not kept on applying their charges.

 

Hi Sky

Welcome to the credit card crazy world. It has taken me 8 months and a court appearance to get Cap One to admit they do not have a valid agreement. (or any agreement come to that). Every credit card company in this country will trample all over your legal rights knowing it will take a great deal of time and effort plus a little money to force them to take any action on your behalf. If you want to do anything about this you will need a great deal of patience.

You seem to have gone off at half cock here, start at the begining. Do you have a copy of your agreement? Do you have a court date?

[skyswatter]

How have I gone off half cock?

 

I followed the procedure on there that states that you send a Prelim and and LBA and then you set out in your claim that you want your money back as well as adverse info removed.

 

I don't have a copy of my original signed agreement. No.

 

I do not have a court date.

 

They have refunded my charges and nothing else.

 

I wrote to them to tell them they have not complied with all the requests set out in the court claim.

 

Their response to my letter is posted above.

 

What do I do next?

[johnerog]

You need to start at the begining. Have a look on the tenplates on here for a letter requesting a copy of your contract under S78 of the CCA 1974. It will cost you a pound.

 

I have to tell you Sky it will take several months for you to get this rectified. There is no quick way and its quite possible that by the time you do get it rectified it won't matter any more. Also if they produce a signed agreement there may be nothing you can do about, you may have given your permission.

 

Sorry but I believe that is the reality.

I will notify the site team to see if they think any diferent.

[IdaInFife]

when cap one paid out did you discontinue the claim?