Capital one reclaim charges confusion

[silverfox1961]

CH ADV PYT ON WAY

Cardholder advised payment on way

ADV OVL CHRG ON A///ADV PYUMT T/F//ADV/LPF WL COME

Advised OverLimit Charge on (A+?) Advance Payment Timeframe, Advised Will(?) Come. Anything in brackets, I can't find the codes for.

 

These possibly relate to a phone call you made

 

You should have recieved a codes booklet that could be different to mine (codes change over time)

[junior232]

I will send the letter to cap1 and see what response i get.

[junior232]

If i send them a letter asking for all the charges back and then find out later there are more charges that cap1 failed to notify me about can i add those to my first charges?

[silverfox1961]

If you miss any charges on this reclaim, you should be able to do it at a later date.

 

Just realised I missed a post of yours.

When I did a SAR to Cap1 they sent me screenshoys from the ProphIt system. When I took them to court for failure to supply all data, they sent me stuff from the Apollo system. This was about 18 months ago so it looks like they have ditched ProphIt and are now just using Apollo.

[junior232]

Do you have the address for cap1 to send letters asking for the charges back?

[junior232]

One other thing, if one letter of my name is different to what cap1 have stored on the files will that make a difference in court or through reclaiming process? for example if my name is danny but on the cap1 systems its stated dany...............it seems cap1 have one letter of my name wrong just wondering if i should inform them.

[silverfox1961]

Do you have the address for cap1 to send letters asking for the charges back?

The only one I have is:

Capital One Bank (europe)plc

PO Box 5283

Nottingham

NG2 3YG

 

If you end up filing court papers, that goes to head office in London

 

One other thing, if one letter of my name is different to what cap1 have stored on the files will that make a difference in court or through reclaiming process? for example if my name is danny but on the cap1 systems its stated dany...............it seems cap1 have one letter of my name wrong just wondering if i should inform them.

 

If it is a minor discrepancy, that won't make a lot of difference.

 

Have you seen the reclaim template letter?

 

http://www.consumeractiongroup.co.uk/forum/content.php?605-Credit-Store-Card-Letter-Template

[junior232]

Yes thats the template letter i am using, but iv deleted the parts about the default on my credit file as this was removed 2 years ago when i told experian i dont know anything about a default notice from capital one they contacted cap1 and got no response from them, checked my credit file a few months ago and no default from cap1 )

 

Thanks for replying back i will update once i hear back from cap1

[themadcap]

Apply for them at the highest interest rate your account was ever set at, its up to them to argue against it and right any wrongs, I still take them to court on the new £12 costs and they always pay out as soon as they send a defence so dont be worrying about Cap 1 they are a joke. Although these are also a joke have you considered the FOS to investigate the default as these seem a lot trickier than charges claims

 

cheers

[junior232]

Hi an update on my case.........i sent capital one a letter asking for charges back plus the high rate of interest and i sent another letter querying about the months i was not charged any charge even though i had gone over my credit limit and missed payments.

 

Capital one have responded to charges by stating no default sums have been added to account in the last 6 years no refunds can be given and they have highlighted the limitation act 1980. They also state the financial services authority rules require them to make me aware that this is there final response to my complaint and if i am not happy with the decision refer it to the FOS. With regards to the missing charges cap1 have stated they are investigating and will respond in 4 weeks.

 

Can anyone advise me on what to do next?

[silverfox1961]

s32 HERE has been used in the past. Have a read.

[junior232]

I dont understand what i should do next, should i take this to court?

[Bigdebtor]

Junior

See below regarding S 32 of limitation Act: I would refute their contention that the old charges are time barred - but you will probably only get paid out once you raise a court action. This is Capital One's usual style.

But if you wnat to try a letter first then I hope this helps.

BD:

I note your comments regarding the Limitations Act 1980 and I would like to draw your attention to section 32 of the Act as outlined below:

 

(1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

© the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

(2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty.

 

In the case of Kleinwort Benson -v- Lincoln City Council & Others in the House of Lords on 29 October 1998 their Lordships ruled:

 

· If a party pays another on the basis of settled law and that law is subsequently overturned, the paying party may seek recovery of the sums paid over even though this may be many years after the event.

· The party seeking repayment now has six years from the date of any new decision affecting it in which to bring an action for recovery of monies paid out under the old, overruled law.

The Court also held that if a payment is made under a mistaken understanding of the law, then the person who has made such payment has six years to recover sums paid as a result of this mistaken understanding dating from the date when such mistake should have

become evident. It is my assertion that I could not, with reasonable diligence, have discovered this issue before April 2006, this being the date of publication of the Office of Fair Trading referred to by you, and so the period of limitation should not have started to run until that time. I therefore resubmit my claim for the refund of all default charges and accrued contractual interest arising from 200X when you first begun to impose such unfair default charges.

 

As previously stated I believe I am entitled to have such default sums refunded in their entirety right back to the initial default charge in May 2004 as I do not accept the charges imposed reflect the true cost to Capital One Bank (Europe) plc and are unfair and disproportionate.

[silverfox1961]

I knew there was a reason I bookmarked this:

 

http://www.publications.parliament.uk/pa/ld199798/ldjudgmt/jd981029/klein01.htm

[junior232]

Hi thanks for the replies.

 

I have sent of the letter bigdebtor suggested and no reply yet, what should i do if they dont repond or basically say the same thing its past 6 years and they wont refund anything, should i take the court route and get the ball rolling early?

[dx100uk]

no fos after 8 weeks from first letter

 

dx

[Bigdebtor]

I agree with DX - but I would send another letter after 6 weeks telling them you'll go to FOS if no satisfactory response by afurther 2 weeks (i.e. 8 weeks after your first letter).

 

BD

[junior232]

Hi,

 

An update on my claim. After sending capital one another letter asking for statements beyond 6 years and asking for an explanation for 8 months where i was not charged any late payments fees or over the limit fees, they have responded simply stating they dont have to provide statements beyond six years and have failed to give me an explanation.

 

I am now going to take this to the financial ombudsman service although from what i have read the FOS will not do much about it. Is there any other way of getting capital one to give statements beyond six years?

[Bigdebtor]

I believe they must supply ALL frecords they actually hav e- even if that's over six years ago. I would look at Money Laundering Regs to see what their obligations actually are - as I think they are pretty strict. If they breach these then they can be in real trouble!

 

Going to FOS might not get YOU anywhere - but it WILL cost THEM around £500 if you do so.

 

BD

[junior232]

Hi,

 

sorry for the late reply, i have been looking at the money laundering regulations i cant rreally find anything, i have sent my complaint to the FOS but no response yet, has anyone had any luck in getting statements more than 6 years?

[Shelley181146]

Hi,

 

sorry for the late reply, i have been looking at the money laundering regulations i cant rreally find anything, i have sent my complaint to the FOS but no response yet, has anyone had any luck in getting statements more than 6 years?

 

 

Hi Junior,

I sent off my SAR request on 6th April and am still awaiting relevant information. My account was approx 10/12 years ago so if I receive statements older I will let you know.

 

I have managed to receive copy statements from Citi Financial which are 10 years old but not sure about Cap One.

 

Shelley

[Bigdebtor]

Shelley

 

I would remove EXACT dates from your posts - and especially from your signature - they help to identify you and many DCA's and OC's are frequently on as "guests".

 

BD

[Shelley181146]

Thanks Bigdebtor - already coded including name, ha! One step ahead of these 'highway robbers'...................

 

Shelley

[junior232]

Hi,

 

Thanks shelley ill look out for your response, at the moment capital one are not giving in and have given there final response so i need something that will make them listen....

[Shelley181146]

Hi,

 

An update on my claim. After sending capital one another letter asking for statements beyond 6 years and asking for an explanation for 8 months where i was not charged any late payments fees or over the limit fees, they have responded simply stating they dont have to provide statements beyond six years and have failed to give me an explanation.

 

I have this week-end received information following my SAR request which includes statements dating back to 2001. The covering letter does say 'all information within the last 6 years' but on checking it's contents, they are 10 years old. My SAR request is incomplete but statements definately 10 years old.

 

Which address are you writing to?