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Little Lady81

Capital One...charges, PPI and CCA help

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Hey,

 

Any advice would be most gratefully recieved....I have a debt with Cap One and due to circumstance have only made one payment since May. I have CCA'd Cap One and received an agreement (I signed in 2004) which I believe to be unenforceable and I have sent several letters my final one quoting case laws etc and by recorded delivery asking them to wipe the debt and all I am getting is chased for payment off them and their agents even though I have complained to Ombudsman about them. I'm not really sure where to go with it from here. I also have some PPIlink3.gif and charges to claim back from them, should I have done this before CCA'ing them and can anyone offer advice of how to go about this?

 

Thanks

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1) Send Cap One a SAR and a £10 postal order, you will need to sign the SAR or they will write back and tell you they won't deal with it until you do. Sign and put a line through or some dots so you know in future if they have lifted your signature.

 

2) Once you get your SAR back you will find all of the charges etc that they have charged plus PPI and so on

 

3) Do 2 different spreadsheets one for chrges, one for PPI payments, and then let the spreadsheet add the 8% to those amounts

 

4) Write 2 letters, one for charges one for PPI and then send them to Cap One asking for your money back

 

5) Laugh at their response

 

6) Ignore their response and then send them a LBA

 

7) Issue a court summons because they will not settle unless you agree the amount that they offer is suitable (it won't be)

 

8) Accept settlement off Cap One before actually going to court

 

All of the steps above are what will happen, any letters, spreadsheets etc just ask. The main thing you need for now is to get that list of charges so you know how much to claim back.

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Thanks for the advice...lets do this ;)

 

I would imagine there is quite a few £ in charges to claim back. Will the template letters be on here please? Also, can I still do it even though my Capital One is with DCA?

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Hi,

When sending the SAR to Cap1, don't give them any excuse to delay. If you have moved since you took the agreement out, include your previous address(es)

There is another way to stop anyone lifting your signature, copy and paste this:

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=19364&d=1277325754

 

I am going to disagree with letsdothis in one small way.:)

 

I would reclaim contractual interest and not statutory interest. Why should they charge you 25% plus and you only charge them 8%

 

This is a link to some letters. Letter 11

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

 

there has been a few probs with peeps not being able to access the link. If that happens just shout

Edited by silverfox1961
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