Jonny v Capital one

[Jonny_rubber]

Hi, this is my attempt at reclaiming charges so.......

 

I have all the details of charges, put them on a spread sheet and added the interest.

 

now where do i go from here?

 

1) Is there a template letter i use with the list of charges?

2) Is there a specific address to send my claim to?

3) Do i also have to get a copy of the credit agreement and is this a separate claim from the charges claim?

 

 

any help would be much appreciated

[nutter192]

1. Moneysavingexpert has a very good template under their credit card claiming section.

2. Address to send to is

 

Capital One Card Services

P.O. Box 5283

Nottingham

NG2 9HD

 

3. The credit agreement is covered under the CCA Request and therefore is seperate to the charges claim.

 

also are you claiming interst at the rate of your card or just the 8%?

 

Are there any arrears on the account? Is it closed?

[maroondevo52]

Hello and Welcome,

 

This is a Letter Before Action, you can edit it and use as a prelim................................

 

Letter Before Action.

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxx

 

Further to my preliminary letter of xxxxx with regards to charges levied against the above account,I note you have failed to respond and show no intentions of refunding the charges.

 

As indicated previously,I consider that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

Whilst I am mindful of the OFT investigation in 2006 of credit card fees,the OFT deemed that only a Court could determine the fairness of fees and so the £12 figure was only fixed as a guideline.

 

I make a further request that you refund to me £XXXXX plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX.

 

I give you a further 14 days to comply,or else provide me with a full Breakdown of your costs in addressing any breach on my behalf,which demonstrate clearly that your charges are in proportion to your actual costs.

Failure to do so,will result in me issuing a county court claim for recovery of the charges plus section 69 interest and costs.

 

Yours faithfully,

 

 

 

 

Think you can use this address..............

 

Capital One Card Services

P.O. Box 5283

Nottingham

NG2 9HD

 

Regarding the CCA request, this is a seperate issue, if your charges are no where near the outstanding balance, you could always ask for it.

 

Regards.

 

Scott.

[Jonny_rubber]

1. Moneysavingexpert has a very good template under their credit card claiming section.

2. Address to send to is

 

Capital One Card Services

P.O. Box 5283

Nottingham

NG2 9HD

 

3. The credit agreement is covered under the CCA Request and therefore is seperate to the charges claim.

 

also are you claiming interst at the rate of your card or just the 8%?

 

Are there any arrears on the account? Is it closed?

 

 

there are some arrears (although i have been making regular payments) but i have been disputing charges over the phone with them for about six months now, i just claimed for 8% - should i be claiming more?

[silverfox1961]

Hi,

You could be claiming contractual interest. While you used the card, you were paying X amount in interest so why shouldn't you charge them the same. There is also another benefit of doing it this way. Cap1 tend not to pay out in full unless you serve them with court papers. If you did that, you could then claim contractual interest and the 8% statutory interest (I'm still a bit fuzzy on that bit but I think I'm right)

[nutter192]

below is a link for a compound interest calculator which I've used before. compound monthly just like they do. You should have a nice little earner depending on how old the charges acutally are.

 

http://www.egalegal.com/calculators.html

Edited August 13, 2010 by nutter192
Forgot to add link

[Jonny_rubber]

below is a link for a compound interest calculator which I've used before. compound monthly just like they do. You should have a nice little earner depending on how old the charges acutally are.

 

http://www.egalegal.com/calculators.html

 

 

so i apply 8% compound interest for each individual charge?

[nutter192]

Ok, whats your credit limit and the current account balance? If charges are refunded, they usually refund it to the account so if the charges plus interest are more than the current balance of your account then you should get a cheque for the balance. So once you have worked out your charges plus contractual interest, deduct this figure from your current balance and see how much you should receive back.

[nutter192]

just saw your last post. the interest rate that you charge will be the one that they charge you for examply if you pay 27.9 percent interest on your balance this is what you charge them and apply to each indiviual charge and then add up both the charge and interst together on a spreadsheet and you have your balance to claim back.

[nutter192]

The 8% interest referred to by sliverfox is the interest under section 69 of the County Court Act. The calculator for this interest is at moneysavingexpert easier than the other for this set figure.

[Jonny_rubber]

Ok, whats your credit limit and the current account balance? If charges are refunded, they usually refund it to the account so if the charges plus interest are more than the current balance of your account then you should get a cheque for the balance. So once you have worked out your charges plus contractual interest, deduct this figure from your current balance and see how much you should receive back.

 

ok - the charges i'm claiming ar greater than the balance of the account - so thats good.

 

the contractual interest (it been a long time since i did maths at school) - thats the interest they were charging me ? - i basically charge the same rate to their charges on a compound basis?

 

 

 

 

sorry just saw your previous post ;-)

[nutter192]

do you have other charges on other cards? if you think anything else such as ppi can be claimed back then its a good idea to get everything going now.

[nutter192]

you can also try asking for 8% as well as the contractual after all dont ask dont get!

[Jonny_rubber]

do you have other charges on other cards? if you think anything else such as ppi can be claimed back then its a good idea to get everything going now.

 

I havent but the wife has some monsters i will get them in motion once this one is moving

[nutter192]

I suggest that for your wife's credit cards you set up an individual thread for each one. Also, if you dont have the statements etc to hand for these. Send a SAR (Subject Access Request) as below. That way you are prepared for them when you have finsihed the current one. I find that after you get one victory, you thirst for more!

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts.

 

Please supply me with a complete list of transaction and charges relating to my history with your organization, including Loans and payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

 

-Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

 

- A complete list of all transactions or statements relating to all of my Loan accounts with your organization.

 

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

-Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices/locations.

 

I enclose a cheque in the sum of £10 to cover your fee.

If you unable to deal with this request, you should immediately forward it to the person within your organization responsible for data protection.

 

I look forward to hearing from you with all the information as requested within 40 days or I will seek remedy from the Data Commissioner.

P.S Don't sign it, just type it in italics. Certain companied allegedly 'lift' signatures off these documents and if you make a CCA request then they your signature to use. Also, you can use postal order if you don't like sending cheques to them.

[Jonny_rubber]

Cheers mate

 

i'm getting my teeth into this now...........to be honest if capital one hadnt been idiots about the charges they added recently then i wouldnt have bothered, however once i got a full account of all the charges i have paid on a card with a £200 limit i was gobsmacked.........cant wait to get stuck into lloyds and barclaycard

 

if there are fees on loans can we claim them back?

what about overdrafts on current accounts?

[nutter192]

lloyds tsb are real hard nuts when it comes to giving money back. barclaycard can capitulate quite easily if you owe a lot of money to them. one letter to them and i got my debt wiped out once the charges were refunded less 100.00 odd that i paid to settle up.

 

For fees on loans, depends on what fees they are for example returned dd fee, monthly arrear fees, telephone and letter fees have claimed them back.

 

Overdrafts are the bank charges case which for the time being is unfortunatly on hold pending a new case that is being heard in scotland. however they can still use the Consumer credit act to default you on your overdraft but there is no agreement for an overdraft. therefore overdrafts are harder to get defaults off them.

 

any more info needed holler.

[Jonny_rubber]

thats a shame because lloyds are the big one !!!

 

they keep offering the wife vastly reduced settlement fees on her loans - which to me says that the the loans arent 100% legal

[Jonny_rubber]

Ok an update.

 

I have been working away from home so cap one have had more time than they deserve.

 

anyway i received a reply from cap 1 approximately a week after i submitted my original letter (which they should of received no later than the 16th of august)....saying my claim would be dealt with within four weeks.

 

i continued to pay well in excess of my minimum payment until last month.

 

enough was enough, when the collections department phoned i asked

 

what 'notes' were on my account' - NONE despite me instructing them to keep notes

 

what progress was being made with my claim - the collections department knew nothing about it

 

they then asked AGAIN why i was disputing my charges - i politely explained why i was not going to explain it again (i have explained it at least 10 times and instructed them to keep notes).

 

at this point my blood was starting to boil so i instructed them to

 

- ONLY contact me by post

- REMOVE all phone numbers from my account

- TOLD them any future phone calls would result in me billing them at my hourly rate

- INSTRUCTED them that because CAP 1 have failed to act on my claim within the four weeks THEY stipulated i would not be paying anything

- INSTRUCTED them i felt there was no other option but to take them to court

 

-------- all of this happened about a week ago

 

then last week

 

my wife received a phone call from cap 1 on HER mobile (i didnt give cap 1 my mobile number ever never mind my wifes)

 

on the same day my parents received a call from somebody asking for me - my parents are ex directory !!!!!!!!

 

i am fuming about this - despite my explicit instructions cap 1 are somehow obtaining phone numbers of people sharing my surname in the same town !!!!!!!!!

 

----------------------------

 

so my questions are

 

1) how do i go about taking them to court

2) is it illegal what they have done with the phone calls (and obtaining the phone numbers)

3) how do i add the charges up to date (they have added more since i submitted my claim)

4) am i within my rights to stop making payments?

 

the four weeks stipulated expired over a month ago

 

any advice would be welcome

[Jonny_rubber]

any advice for my next move?

[silverfox1961]

I will come back tomorrow and have a look at this thread again. A bit busy today-sorry:-(

[silverfox1961]

Got 5 minutes so, if you have sent them a letter before action and they have failed to respond adequately, you next step is to file court papers but before you do, make absolutely sure your figures are correct.

You will serve the papers at Cap1's head office in London

 

Here is a posible useful link.

 

http://www.consumerwiki.co.uk/index.php/Step_By_Step_Guide

 

These were for bank charges but can easily be used for credit card charges