Cap One CC

[Matheos95]

Just recieved the statements back from Cap one for the credit card we had but instead of the 6 years they have sent from whent he account was opnened in 1997 so basically a complete set.

 

What are peoples opinions of claiming or trying to claim further than the 6 years is it worth a try?

 

Also there fees according to these statements were low in comparison ie originally the charged for Late Payment and overlimit charge - £10 in 1997 rising to £18 each in 2001, is it still worth going after?

 

The total of the claim is approx £675 so a decent amount.

 

Thoughts?

 

Cheers

[sidvicious]

not seen much about persuing after 6yrs.have a look in FAQs though.did you get PPI when you opened you account or at a later date if you have take a look at the in print forum regarding ppi refund.

[Matheos95]

we did have ppi - cant find the link you are on about would you mind posting here for me.

 

cheers

[dayglo]

nice work - keep up the pressure

[Matheos95]

Made a claim against Cap One for charges on an old account that went back to 1997 and defaulted in 2001 - gone through the process and today recieved this letter just need advice on wether to accept or not:

 

I write in connection with the the claim you have issued against Capital One Bank (Europe) plc. I have now had the opportunity to investigate your claim for the total sum of £1148.89. I understand your claim is in connection with the fees and associated interest, that we have charged to you account.

 

It is denied that the fees are unlawful and they are detailed in your terms and conditions and in our customer welcome pack. Our fees are based on the costs we incur when a customer breaks their contract by making a late payment, failing to make a payment or goes over their credit limit. The fees are only levied when a customer breaches their cintract in this way and can be avoided if payments are maintained and the account kept within its credit limit.

 

On your form, the total amount you are claiming is £1148.89. This inckudes £675 for fees, £353.89 for the and £120 for the court fees. (their typo error not mine)

 

Under the stature of limitations, you can only claim for the last six years worth of fees from the issue date of your claim. Therefore, I have looked through alll your statements since October 2000 and I can confirm that we have charged you a total of £285 for the fees, £353.89 interest and the £120.00 court fee. This brings my total offer to £758.89.

 

This offer is made purley as a matter of goodwill and is put forward in full and final settlement and with no admission of liablilty on the part of Capital one of your claim number XXXXXXXX.

 

Now the question is do I accept?? do we think the statue of limitations would stand. Weird thing is that although they are offering to pay the fees only from Oct 2000 the interest they are offering is on the total claim ie from July 1997.

 

What would you suggest?

[Guest ian cognito]

Our fees are based on the costs we incur when a customer breaks their contract by making a late payment, failing to make a payment or goes over their credit limit

 

I like this bit as the banks have recently been claiming there is no breach of contract therefore the fees cannot be a penalty!!

 

Tough one, don't think any claims outside of 6 years have been concluded yet but there are a few ongoing, up to you really whether you are happy with the offer or whether you want to do the rest of us a favour and push it all the way!!!!

[livelylad]

I am at the moment challenging the statute of limitations. I am using sect 32 Have a read.

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/415-limitation-act-1980-a.html

[LES VOGEL]

At the end of the day the discision is yours to make, how-ever like alot of people on here we were not aware our fees were unlawful until this year, so you can as I have done challenge any bank/c/card with the section quoted above, but also this part can be quoted- As the Claimant only became aware during June 2006(or whenever you did) that the charges debited were unlawful, then section 32(1)(b), or section 32(1)©, of the Limitation Act 1980 should apply, and the charges debited are therefore within the primary limitation period. this is the one I have used on my claims where it is required!!! so you can use these and demand full payment and nothing else- their offer is £390 short of your demand which is alot of money not to have, which is your money!!! would they accept 390 less if the shoe was on the other foot?? I DONT THINK SO--DO YOU!! so stick to your guns as I have done with them- they have sent me a cheque for £1531 yesterday, paid up my balance which was 850,( £2381) closed my c/card account, but my demand is £4200 so they still owe me £1819 will I GIVE UP at this stage no way!!! 1819 is alot of money to me, so my case continues until I GET another cheque of the said amount- however some of the balance of 850 did include some fees, when i work out how much it was i will be adding that on aswell, ruthless yes but only acting as they have done for many yrs against us little people. so of course you have the choice but i know what i would be doing my friend--cheers LES