New Forum Member - Progress so far...

[BenL]

Hi All,

 

I've been looking at the forum for a couple of months or so now, but have not posted before, however I thought I'd say hello and let you all know how far we've got so far...

 

I have 1 CapitalOne card and my wife has 2, all three have had several charges in the last couple of years and much the same as a lot of people on here we are fed up with their attitude, so we decide to go after them as follows:

 

• 14th June 2006 - DPA Subject Access Requests sent for all 3 accounts.
  
• Exactly 40 days later statements arrive for my account and one of my wifes (not the other even though the DPA requests were sent together)
  
• 8th August 2006 Preliminary Claim letters with charges schedules sent for the 2 accounts for which we have details. Also sent DPA Letter Before Action for my wifes second account on the same day
  
• 22nd August 2006 No response to any of the above except a generic letter to each of us saying that future charges will be £12 each
  
• 23rd August 2006 Letter Before Action sent for both accounts following up preliminary claim letter. These were posted on my way to work, my wife has since phoned to say that I have a CapitalOne letter, which I asked her to open. It has some waffle about automatically adding charges for late payment etc and then goes on to remind me that I signed their T's & C's and some stuff about the OFT guidelines for £12 per charge, but then at the end it makes a partial offer (basically the difference between £12 for every charge and the £20 that they have charged for every charge) and asks me to complete and return the form. No further news on either of my wife's accounts...
  
• Next - We're going to follow through with a claim regarding the lack of adherence to the DPA and I'll either partially accept their offer but continue to claim the full amount for my account or decline the offer anc continue with the full claim - I need to read the letter and form myself and then do a little more research on here first.

The think that strikes me as strange is the inconsistency in response. All of the original letters were individually enveloped and addressed but then sent together in a single larger envelope, so I know they received all 3 DPA requests as they were together - they only responded to 2. I did the same on 8th August with the preliminary claims and LBA and again I have had different responses - none to either of my wifes accounts and a partial settlement offer for mine...

 

I gather there are a couple of Capital One employees that come on here - I wonder if you can shed any light on the inconsistency???

 

Anyway that's a bit of an intro. I'll keep the updates coming as we progress and will be interested to hear anyone else's comments and thoughts.

 

Cheers

 

Ben

[sidvicious]

keep up the good work ben, looks like your in the driving seat.