Refunding of DD Reversal & Annual Fee Charges? cap1

[Don4071]

Sorry, I know this question has probably been asked 100's of times - but I'm struggling to find the answer.

 

Today, I received my DPA response from Capital One (no charge!).

 

The charges applied to my account since opening n 2001 are:-

• Late Payment Charges (£386)
  
• Overlimit Charges (£486)
  
• Annual Fee Charges (£72 - started being charged 2003, even though a/c opened 2001).
  
• 2 Direct Debit reversal Fees (£40).

I'm confident that I can request Late Payment and Overlimit Charges to be refunded, however I'm not sure about requesting the DD Reversal Fees.

 

I was intending to include this charge - but I need this clarifiying for me.

 

I don't want to include charges that I shouldn't have refunded, so I don't appear not to know what I'm doing.

 

Do people normally ask for the Annual Fee Charges to be refunded? I wasn't intending to request the Annual Fee Charge to be refunded as in my mind this is perfectly normal service charge.

 

Many thanks for any help and advice

 

Amanda:confused:

[HSBCrusher]

I'm confident that I can request Late Payment and Overlimit Charges to be refunded, however I'm not sure about requesting the DD Reversal Fees.

 

I was intending to include this charge - but I need this clarifiying for me.

 

You are right to do so. This is an unfair charge.

 

Do people normally ask for the Annual Fee Charges to be refunded? I wasn't intending to request the Annual Fee Charge to be refunded as in my mind this is perfectly normal service charge.

 

Again, bang on, this one you cant claim for

 

 

Well done.

Crusher:-D

 

ps

 

you ought to start off a new thread in cap 1, I am claiming off these guys too!

[Don4071]

Just thought to help any new comers I would outline events of what has happened with Capital One and myself together to sections of thier replies, so anyone pursing a claim with Capital One can see what their standard response is. Sections from their response is in orange.

 

Schedule of events so far with Capital One:

 

Date Protection Ltr sent 8th August 2006

 

Statements Received 24th August 2006 - total owing (£876 not incl'd interest). Letter from Cap One made reference to the charges being added in accordance with the credit card agreement I signed when the account was opened. To avoid further charges, you need to make sure Capital One receive monthly payments on time and doesn't exceed credit limit....

 

Prelimary Letter Sent - 5th September 2006

 

Reply received - 13th September 2006 offering partial payment and making reference to: Capital One automatically add late payments fees if payment is missed, arrives late or isn't enough to cover minimum payment. .... we sent you a credit card agreement, which clearly explained these fees. By signing and returing it to us, you agreed to the terms and conditions for this account. I'm disappointed to hear you feel we deceived you into entering this agreement.

 

As you're probably aware, the OFT are not challenging the right of banks to charge default fees, but merely the level of those fees. Although we feel £20 is a just fee, we have reduced our fees to £12 so we are in line with our competitors. I appreciate that you have incurred previous fees at the higher rate and would like to address this.

 

I've reviewed your account and as a matter of good will, I'd like to reduce the fees we've added to £12 each, so I'd like to offer refund of £354. If you'd like to accept this, pelase sign and return the settlement form I've included.....

 

To avoid more fees, you'll need to make sure we continue to receive your monthly payments on time. Also, you need to make sure your balance doesn't go over your credit limit.

 

I hope I've explained things clearly, but if you do have any other questions, please write to me again. You'll find my address in the leaflet I've included, which also explains our complaints procedure.

 

I'm sorry to hear you've had doubts about our integrity but I hope I've restored your faith in us today.

 

Y.S

 

Robert Udy

Executive Office Manager.

 

Of course, they make a good and convincing arguement, so got a bit shaky at this point and promptly chewed all of my nails off. However although the OFT's findings was in part my arguement, the main contention was the fact that I feel their fees (which they have already stated are added automatically) are punitive and act as a financial punishment - which are unlawful. I don't consider in this day and age that banks/cc companies, with their millions of customers and the age of technology, have to manually intervene with inserting these charges onto our accounts. Had I have know at the time of signing my T&C with them that these fees were unlawful I certainly wouldn't have done so, and yes do feel they've deceived my into this. Therefore, I feel justified in refusing this offer and pushing ahead sending our my letter before action, which is due 25th September, again giving them 14 days to offer full refund before filing this claim with Small Claims Court.

 

Anyhow, I hope this is of help. With me, I just like to know what to expect and what's a normal response from Capital One.

 

Good luck to your all.

[Pixlmixer]

Hi Amanda,

I see what you are saying (last post in Milo's thread) and can only hope it will stand. I just feel that at some point the courts will decide 'OK, £12 is fair' At which point Cap 1 will be in the clear with their scuzy £12 offers which is what they seem to be counting on - or at least telling us...

[HSBCrusher]

I just feel that at some point the courts will decide 'OK, £12 is fair' At which point Cap 1 will be in the clear with their scuzy £12 offers ...

£12 fair? NEVER! No court in the land is going to agree that it costs even £12 to write a letter or to go over a limit, it is not fair and is UNLAWFUL!

£12 was the point at which the oft would feel forced to take action, the true figure is of course much lower. It was a silly thing to do, as now all the cc companies are setting the charges to £12......

This response is there normal put off, I ignored it for the drivel it is and pressed on with my moneyclaim.

I will get back every penny, you will also get back every penny. You can see the letter I sent in my cap 1 thread (link in my signature)

 

Crusher

[Don4071]

ok time is now up for Cap One, and I'm about to put my claim in. Just would like to check.....

 

its the amount, plus the interest, plus court costs???

 

I'm a couple of days late doing this, but it shouldn't hurt will it?

 

Also...

 

I'm completing the N1 Claim Form. I've used the wording in templates to insert into the 'Particulars of Claim' section, but not too sure what to put in the 'Brief details of claim' without feeling like I'm repeating myself.

 

Any ideas what to put or can I leave it blank as it's all pretty much said in the 'Particulars' section.

 

Many many thanks

[HSBCrusher]

you have sent your Letter Before Action?

[Don4071]

oops sorry - didn't make myself clear....

 

Preliminary letter + spreadsheet of charges sent to Capital One and I received the usual partial offer (reduction in fees to £12).

 

Sent LBA & spreadsheet again 14 days later, accepting offer as partial payment but would be pursing the remainder via court.

 

I've had no further response from Capital One so now, I'm ready to file with County Court - right? I should of filed it on 9th October, but life has just got in the way - like it does! I probably won't get round to filing it with the court until tomorrow or Monday - but it shouldn't hurt the process should it?

 

I'm going to put somethin along the lines of 'Claiminant pursusing refund of unlawful charges taken from the defendant since xxx to xxx' in the 'brief details of claim' section on the N1 Claim Form. How does that sound? Is it too brief or maybe it should be worded a bit more 'legal' like?

 

Just really needed someone to advise about the how to word the 'Brief Details of Claim' - i'm pretty ok with the rest of the form.

 

Any suggestions greatly appreciated.

[Pixlmixer]

Hi Amanda - hope not too late... Here is what to put in the very limited space in the MCOL particulars of claim - to the letter! Just fill in the red bits and dont change anything else. GOOD LUCK!

 

 

1. The Claimant has an account xxxxxxxxxxxxxxxx with the Defendant, opened xx/xx/xx 2. Since xx/xx/xx the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Contract Terms in Consumer Contracts Regs 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £xx.xx; (b) Interest per S.69 County Courts Act of 8% - £xx.xxcontinuing at 8% until judgment or settlement at a daily rate of £xx.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

You will need to send by post to MCOL your printed spread sheet too but you have like 28 days to do this ...

 

(You'll find this in the templates section along with a simple equation for working out the interest at the end.)

[Don4071]

Thank you Pixlmixer. Bringing forms down to the Courts today, so we'll just wait and see (with everything crossed).

[Don4071]

Popped into the courts today, to check the status with my claim aganist Capital One.

 

Capital One had until 4pm today to acknowledge, but so far haven't.

 

Staff at the courts suggested I check back on Wednesday as it can take 2/3 days to update their computer system, when it will accurately reflects the status of my claim - doh!

 

So get back to you on Wednesday....

[HSBCrusher]

baited breath....

[Don4071]

Hi - so happy

 

Morning post has just arrived with a letter from Capital One settling for £1208.04.

 

Some has been deposited into my account, clearing the balance and I'm awaiting the remainder by cheque.

 

BIG THANKS to everyone for your help. Donation en-route.

 

Amanda

[midge61]

Hi

Congratulations and well done

[maxwjz]

Congratulations:lol::lol::lol:

[jonni2bad]

CONGRATULATIONS

 

Please take a moment to fill in the SURVEY

[willowthewysp]

Well done you!!!

This gives me hope...I am sending my S.A.R off today for list of charges to capital one.....

xxx

[mikeb1]

Yes girl vey well done for standing your ground,some nice xmas shopping for you lass.

 

I`m ABOUT TO SEND OFF TO 3 CC COMPANIES JUST NOW TOO.

 

MIKEB

[Don4071]

Hi

Congratulations and well done

 

Thank you!!!!

[Don4071]

Well done you!!!

This gives me hope...I am sending my S.A.R off today for list of charges to capital one.....

xxx

 

Best of luck with yours. any help needed, you know where to ask for the answers

[HSBCrusher]

Whey-hey!

 

Way to go!

 

So much for £12 being fair, eh!

 

:D :D

[Don4071]

Yes girl vey well done for standing your ground,some nice xmas shopping for you lass.

 

I`m ABOUT TO SEND OFF TO 3 CC COMPANIES JUST NOW TOO.

 

MIKEB

 

cor...can't wait...clothes, shoes, clothes, makeup, clothes.!!.....;

 

Anyhow, one down - 3 more for me to go after.....

 

Best of luck with yours...

[Don4071]

Whey-hey!

 

Way to go!

 

So much for £12 being fair, eh!

 

:D :D

 

Thank You.

 

and don't forget they've done completely nothing wrong!! Lost count how many times they told me that!

 

I'll shed a little tear for Capital One...

[HSBCrusher]

I'll shed a little tear for Capital One...

 

boo hoo.

pass a tissue.

[TUTTSI]

WELL DONE ... I hope that I will win when I send my claim to Cap One

How did you deal with the differing rates of monthly interest..... help please!

Thanks

DS