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    • I would also take this opportunity to add that I don't really understand why you purchased an insurance policy for this watch – unless it offered you something like new for old, accidental damage or that the policy was transferable to a new owner in the event you decided to sell the watch. If there is not the features that interested you then you are perfectly adequately covered by your consumer rights contained in the Consumer Rights Act 2015 and of course it would be unlawful for John Lewis to attempt to exclude or limit liability in case something happened to the watch and it ceased to be of satisfactory quality for a reasonable period of time. By and large these extended warranties are a waste of money
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Capital One Credit Card


pac1208
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Hi,

 

Firstly, thank you Bank Action Group for providing these fantastic resources.

 

Luckily I'd kept hold of all my old Capital One statements so after adding up the collection of Late Payment and Overlimit Fees I calculated that they had taken £200 from me. The credit limit on my card is only £200!

 

So I sent off the preliminary letter (from the Library) on the 16th March by recorded delivery to the Legal Compliance Specialist at Capital One Bank asking for the full amount to be refunded to my account. I haven't had a letter or phone call from them but today I checked my online account to find that a "LATE FEE REFUND" of £40 had been applied to my account on the 24th March.

 

In a couple of days time I will be sending off the "letter before action" giving them another 14 days in which to refund me the charges in full. Should I amend the "letter before action" template to acknowledge the fact that they have already provided a partial refund? or should I leave that until the next stage?

 

(RBS next! From the old statements that I have copies of I've calculated that over £1,000 has been taken from me over the last few years. I've requested copies from the last six years so when they arrive I will start a new thread under RBS.)

 

Thanks again for all the great advice.

24/04/06 - Capital One - £170.00 - Court Claim Acknowledged - Defendant intends to defend claim

18/05/06 - Full settlement received (£170.00) + another £20 for charges added after claim issued.

 

16/05/06 - RBS - Court Claim Submitted - Total £4900 (inc. Interest + Court Fee + Allocation Fee)

22/05/06 - Acknowledged by RBS

16/06/06 - RBS Defence Received

29/06/06 - Settlement offer from Cobbetts LPP £2,500

22/07/06 - Hearing date given as 27th October, York County Court

25/07/09 - Cheque received from Cobbets for £4800!! only £100 to go!!

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Response from Capital One:

 

Thank you for taking the time to write to us about fees we've added to your account. I understand you feel these are unfair, and I'm sorry to hear you feel that way.

 

To explain, we add an automatic late payment fee of £20 to your account if your payment hasn't reached us by the date we give on your statement. We also add an overlimit fee of £20, if your account goes over your agreed credit limit. I understand you believe these fees are unfair and you've mentioned the Consumer Contracts Regulation 1999.

 

Our fees are in line with fees other banks and financial instituitions charge.

I'm afraid when you signed your credit agreement, you agreed to these fees, I've included a copy of it for you.

 

I understand form your letter, you'd like me to refund all the fees added to your account since it has been open. I'm afraid I'm unable to do this, as we've added these fees correctly, and in line with your credit agreement.

However, as a goodwill gesture, I've already refunded £40, I'm afraid I'll be unable to refund anymore.

 

You've mentioned you'd like us to remove the default from your credit file.

We are obliged under the terms of our credit licence to record a true and accurate picture of the way you've managed your account. We explain this in the credit card agreement that you signed and returned to us. The entries that we recorded on your file are correct, as they are a true reflection of the way that you have managed your account. Because of this, I'm unable to authorise any amendment to it.

 

I know you'll be disappointed with my response, but I hope I've explained everything clearly. If you have any more questions about this, please write to me again within four weeks. I've included a copy of our compliants leaflet which gives my address.

 

Once again, I'm sorry you fell our fees are unfair, and that I've been unable to refund all of them for you. I hope my explanation has helped, and that this won't affect our future relationship.

 

Yours sincerely

 

Robert Udy

Executive Office Manager

 

My letter before action was sent to them by recorded delivery yesterday.

24/04/06 - Capital One - £170.00 - Court Claim Acknowledged - Defendant intends to defend claim

18/05/06 - Full settlement received (£170.00) + another £20 for charges added after claim issued.

 

16/05/06 - RBS - Court Claim Submitted - Total £4900 (inc. Interest + Court Fee + Allocation Fee)

22/05/06 - Acknowledged by RBS

16/06/06 - RBS Defence Received

29/06/06 - Settlement offer from Cobbetts LPP £2,500

22/07/06 - Hearing date given as 27th October, York County Court

25/07/09 - Cheque received from Cobbets for £4800!! only £100 to go!!

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just to let you know we are reading your posts , please keep us updated

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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  • 3 weeks later...

Surprisingly I've had no response to my Letter before action, I've checked with the Post Office and it has been delivered so as today is deadline day I've submitted a claim through the county court. Fingers crossed.................

24/04/06 - Capital One - £170.00 - Court Claim Acknowledged - Defendant intends to defend claim

18/05/06 - Full settlement received (£170.00) + another £20 for charges added after claim issued.

 

16/05/06 - RBS - Court Claim Submitted - Total £4900 (inc. Interest + Court Fee + Allocation Fee)

22/05/06 - Acknowledged by RBS

16/06/06 - RBS Defence Received

29/06/06 - Settlement offer from Cobbetts LPP £2,500

22/07/06 - Hearing date given as 27th October, York County Court

25/07/09 - Cheque received from Cobbets for £4800!! only £100 to go!!

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Received a Notive of Issue from the County Court today.

The claim was sent to Capital One on the 19th April and it will be deemed to be served on the 24th April. They have until the 8th May to reply.

 

Just checked my Capital One account and they've added a further £20 overlimit fee today!!

24/04/06 - Capital One - £170.00 - Court Claim Acknowledged - Defendant intends to defend claim

18/05/06 - Full settlement received (£170.00) + another £20 for charges added after claim issued.

 

16/05/06 - RBS - Court Claim Submitted - Total £4900 (inc. Interest + Court Fee + Allocation Fee)

22/05/06 - Acknowledged by RBS

16/06/06 - RBS Defence Received

29/06/06 - Settlement offer from Cobbetts LPP £2,500

22/07/06 - Hearing date given as 27th October, York County Court

25/07/09 - Cheque received from Cobbets for £4800!! only £100 to go!!

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They never learn do they!!

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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Agree with earlier post that we are watching the progress of your action. I have asked Cap one for £499 back in charges and late fees, I sent the letter off yesterday so will track your progress and appreciate the "heads up" with their moves.

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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Hiya

 

I'll keep my fingers crossed for you - I've just sent my DPA letter off to Capital One so am waiting to here back with list of charges etc

 

keep us posted on how you get on, all the best !!

Abbey claim: £972.00; Req for Refund letter sent 22.05.06

HSBC claim: sorted!

Citibank credit card claim: sorted!

Abbey/MBNA credit card: sorted!

Smile credit card: 2nd LBA sent 09.06.06

Capital One credit card: sorted!

..........................

Parachute deployed and everything moved ... GO GET 'EM !!

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Hi

Good luck. I am just in the process of writing my preliminary letter to them---got all my statements back yesterday and the total of late payment and overlimit charges adds up to £700!!!

I will be watching this post to see how you get on

xx

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Hi there,

good luck with your claim.I have just done my preliminary letter for repayments, I had my statements already, and worked out they had charged me £560.00. I called them to cancel the payment protection on my account, and asked them about refunding my charges.They gave me the usual line, that i had signed an agreement to pay their charges etc, so i asked for an address to send my preliminary letter to.They gave me this address:

 

Executive Response,

Executive Office,

ERC Dept,

Capital One Bank Europe PLC,

P.O. Box 5281,

Nottingham,

NG2 3HX.

 

 

Should i send it to this one, does anyone know, or the Legal Dept one?, at Loxley House? Will post letter recorded delivery, tomorrow.Fingers crosed.

Cleopatra

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Hi,

I posted my preliminary letter to the Legal Dept but the reply came from:

 

Robert Udy

Executive Office Manager

Capital One Bank (Europe) plc

PO Box 5283

Nottingham

NG2 3YG

 

I sent all my subsequent letters to him at this address.

 

Hope this helps,

 

Good luck with your claim.

24/04/06 - Capital One - £170.00 - Court Claim Acknowledged - Defendant intends to defend claim

18/05/06 - Full settlement received (£170.00) + another £20 for charges added after claim issued.

 

16/05/06 - RBS - Court Claim Submitted - Total £4900 (inc. Interest + Court Fee + Allocation Fee)

22/05/06 - Acknowledged by RBS

16/06/06 - RBS Defence Received

29/06/06 - Settlement offer from Cobbetts LPP £2,500

22/07/06 - Hearing date given as 27th October, York County Court

25/07/09 - Cheque received from Cobbets for £4800!! only £100 to go!!

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I sent my request to the Legal section in Nottingham. Now that I think about it, it's unbelevable that nearly 500 quid has been charged over 2 years.:x

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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You've mentioned you'd like us to remove the default from your credit file.

 

We are obliged under the terms of our credit licence to record a true and accurate picture of the way you've managed your account.

 

I would ask them for a copy of their credit licence. AIUI, their decision to record information with a credit reference agency is their own commercial decision and not something which is forced upon them by their licence.

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Agree with earlier post that we are watching the progress of your action. I have asked Cap one for £499 back in charges and late fees, I sent the letter off yesterday so will track your progress and appreciate the "heads up" with their moves.

 

Just had £40 refunded to my card today, checked on the phone line. I guess i'll get a letter from them saying sorry i'm not happy with the service. Whats my next step?

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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I would ask them for a copy of their credit licence. AIUI, their decision to record information with a credit reference agency is their own commercial decision and not something which is forced upon them by their licence.

 

It is certainly not forced upon them. The decision to register defaults is their own. Anything recorded should of course be acurate.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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Just had £40 refunded to my card today, checked on the phone line. I guess i'll get a letter from them saying sorry i'm not happy with the service. Whats my next step?

 

Hi, your next step will be to send a Letter Before Action. Giving them 14 days to reconsider their decision and refund you the full amount before you start a court claim.

There is a template in the library but if you need a hand let me know.

24/04/06 - Capital One - £170.00 - Court Claim Acknowledged - Defendant intends to defend claim

18/05/06 - Full settlement received (£170.00) + another £20 for charges added after claim issued.

 

16/05/06 - RBS - Court Claim Submitted - Total £4900 (inc. Interest + Court Fee + Allocation Fee)

22/05/06 - Acknowledged by RBS

16/06/06 - RBS Defence Received

29/06/06 - Settlement offer from Cobbetts LPP £2,500

22/07/06 - Hearing date given as 27th October, York County Court

25/07/09 - Cheque received from Cobbets for £4800!! only £100 to go!!

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I would ask them for a copy of their credit licence. AIUI, their decision to record information with a credit reference agency is their own commercial decision and not something which is forced upon them by their licence.

 

Thanks for pointing this out. I presume their credit licence will be a standard one set out by the OFT?

 

I've sent an email requesting a copy. I'll let you know if I get anywhere with it.

24/04/06 - Capital One - £170.00 - Court Claim Acknowledged - Defendant intends to defend claim

18/05/06 - Full settlement received (£170.00) + another £20 for charges added after claim issued.

 

16/05/06 - RBS - Court Claim Submitted - Total £4900 (inc. Interest + Court Fee + Allocation Fee)

22/05/06 - Acknowledged by RBS

16/06/06 - RBS Defence Received

29/06/06 - Settlement offer from Cobbetts LPP £2,500

22/07/06 - Hearing date given as 27th October, York County Court

25/07/09 - Cheque received from Cobbets for £4800!! only £100 to go!!

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I received a "Notice that Acknowledgment of Service has been filed" from the County Court today (26th April).

 

Capital One intend to defend all of the claim, the document was signed by Wendy Starr, Legal Specialist. The address given was Legal Dept. Loxley House, Station Street, Nottingham, NG2 3HX.

 

According to the document They have 28 days to file a defence.

 

I must admit, I'm quite looking looking forward to seeing them in court now. It's amazing what this site does for your confidence!

24/04/06 - Capital One - £170.00 - Court Claim Acknowledged - Defendant intends to defend claim

18/05/06 - Full settlement received (£170.00) + another £20 for charges added after claim issued.

 

16/05/06 - RBS - Court Claim Submitted - Total £4900 (inc. Interest + Court Fee + Allocation Fee)

22/05/06 - Acknowledged by RBS

16/06/06 - RBS Defence Received

29/06/06 - Settlement offer from Cobbetts LPP £2,500

22/07/06 - Hearing date given as 27th October, York County Court

25/07/09 - Cheque received from Cobbets for £4800!! only £100 to go!!

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Looks like we have a little pact going on but i'm sure it is much bigger :) Hope everyone keeps us updated. I still dont have the leter from Cap One but will send the next as soon as it comes. Thanks for the advice.:-D

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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I would ask them for a copy of their credit licence. AIUI, their decision to record information with a credit reference agency is their own commercial decision and not something which is forced upon them by their licence.

 

Hi,

 

I fired an email off to the OFT asking wether or not the Credit Licence was a standard document and if I so could get hold of a copy in order to check Capital One's specific claim that they "are obliged under the terms of our credit licence to record a true and accurate picture of the way you’ve managed your account".

 

Recieived a response today and I quote "you may wish to note that the licences do not state or refer to the term stated by your credit card company"

 

I think that's pretty conclusive then!

 

For those who want to see the full response, here it is:

 

Dear Pac1208

 

CONSUMER CREDIT ACT 1974

 

Thank you for your e-mail of 26 April 2006 about the problems you have

been experiencing with your credit card provider.

 

We are always interested to receive complaints as they are a vital

source of information in helping us to investigate the behaviour of

traders that hold consumer credit licences. We would therefore be

grateful if you could provide further details about this matter,

including the trader’s details and copies of all documents you see as

being relevant to your case.

 

You state your credit card provider stated in their reply to you “We are

obliged under the terms of our credit licence to record a true and

accurate picture of the way you’ve managed your account”. You also ask

our office whether a credit licence is a standard document that you can

access, whether it can be obtained online and whether we are able to

send you a copy.

 

I can confirm that licences are printed on a standard document. Copies

are not available online and have to be requested by writing to our

licensing branch with a fee. To enquire further on obtaining a copy of

a licence you may call our licensing branch on 020-7211-8608.

 

However you may wish to note that the licences do not state or refer to the term stated by your credit card company.

 

You may wish to contact The Information Commissioner who enforces and

oversees the Data Protection Act 1998 and the Freedom of Information Act

2000. The Information Commissioner’s Office also handles queries on

information held by credit reference agencies. The contact details are

as below:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Tel: 01625 545 745

Fax: 01625 524 510

 

Yours sincerely

Omar Hanif

CREEC1B - Debt Collection Team

Consumer Regulation Enforcement Division

(for and on behalf of the OFT)

24/04/06 - Capital One - £170.00 - Court Claim Acknowledged - Defendant intends to defend claim

18/05/06 - Full settlement received (£170.00) + another £20 for charges added after claim issued.

 

16/05/06 - RBS - Court Claim Submitted - Total £4900 (inc. Interest + Court Fee + Allocation Fee)

22/05/06 - Acknowledged by RBS

16/06/06 - RBS Defence Received

29/06/06 - Settlement offer from Cobbetts LPP £2,500

22/07/06 - Hearing date given as 27th October, York County Court

25/07/09 - Cheque received from Cobbets for £4800!! only £100 to go!!

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Yes Capital One Rip Off Merchents"" I was called 10 times yesterday by these pill-cks have explained to them in my best English"" that I have sent i n a letter and will only deal with them by post, still did not get the message, spoke to a jobs worth last night and keept my cool she said they have sent me a letter offering me £200, I said that I am not accepting this as they have charged me at least £700 & Interest, I said to her I am prepared to take capital one all the way, she chirped in and so are we"" and slamed the phone down.

Why do we have to deal with these job worths"" Why can't we speak to the cheif instead if the indians.

 

I will keep at these cap one.

 

Thanks

 

M

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I may have made a slight error on the County Court Claim form!?

 

I recieved a letter from Angelina Wilson (Executive Office) at Capital One today saying that "unfortunately, I have been unable to locate your account using your name and address from your claim form and you have not quoted your Capital One account number on the form".

 

1. I can't believe that they can't find my account using the address on the form which is exactly the same as appears on my statements each month.

 

2. Do I need to amend my claim form with the court? Is this a major cock-up?

 

3. Doh!

 

Thanks

24/04/06 - Capital One - £170.00 - Court Claim Acknowledged - Defendant intends to defend claim

18/05/06 - Full settlement received (£170.00) + another £20 for charges added after claim issued.

 

16/05/06 - RBS - Court Claim Submitted - Total £4900 (inc. Interest + Court Fee + Allocation Fee)

22/05/06 - Acknowledged by RBS

16/06/06 - RBS Defence Received

29/06/06 - Settlement offer from Cobbetts LPP £2,500

22/07/06 - Hearing date given as 27th October, York County Court

25/07/09 - Cheque received from Cobbets for £4800!! only £100 to go!!

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I think they are just trying to stall for time as you have them by the b3lls, just send a note to her with your addy and account number, better still give them a call?

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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Hi, Watching also. Am just about to claim £200+ from grabitall one. I worry about putting exact amounts as no doubt the banks read these posts and can indentify individuals and pre-empt their actions.;)

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If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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