reclaim charges Help

[nomore12]

Hello

 

Well yes I know it was silly of me not to do this before and I feel an idiot for not checking,

 

But after going though all my letters and such I seem to have very very short supply of statements and letters from Capital one.

 

 

Ive not paid the Capital one credit card for 6 months due to not having the money and sorting all my debt problems out,

 

anyhow to be honest I totally forgot about them as they so quiet with letters and never get any phone calls from them

 

was reading up on other peoples posts and such, and was thinking of trying to claim some

interest rates and any other charges back

 

Just checking my paper work today I don’t have any statements other then just before Christmas August is the recent one

 

I don’t think I took out protection insurance on it not as far as I can remember anyhow.

 

Well the outstanding balance is £1406 but before I got into debt problems the credit limit was £1000

 

I explained them to a long time ago when I got into problems I was trying to sort it all out and waiting for JSA etc

 

Last few recent letters was this month from the Debt Collection company was on the 4th FEB of this month from Fredrickson International Limited ( one got 1 letter from them no phones calls)

 

I sent the Income/outcome token payment of a £1 that letter was sent on the 9th of FEB

 

Last letter I got was on the 16th Saying the debt have been moved back to capital one

 

Im confused what to do? seems ive got an extra £400 on top non payment of 6 months? but as got no statements to check cant confirm what fees are and why

 

any advice on this matter please , Thanks in advance.

 

you would of thought in 6 months I would be bombed with letters and calls but nope since I told them I was waiting for JSA and had other debts and such. Been really quiet

 

Yep I know stupid of me for not looking into this sooner but I was confused with all debt stuff and trying to get my head around it all and stressing myself out :\

 

 

What type of letter do I need to send them to request statements and show what fees ive been getting etc?

Edited February 27, 2011 by nomore12

[sea-sidelady]

You need to send the sar letter. You need to enclose £10 with the letter. They have up to 40 days to send out all the information they hold on you.

 

http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

[nomore12]

Thank you,

 

Will send it first thing in the morning via recorded postage

[nomore12]

Do I send it to the following address?

 

Capital One

Po BOX 5282

Nottingham

NG2 3YH

 

or does the SAR letter need to go to a different address

 

many thanks

[sea-sidelady]

It needs to go to Capital one.

[nomore12]

Thank you for your help sea-sidelady

[sea-sidelady]

No problem. Let us know how you get on.

[nomore12]

Hello

 

How long does it take to get an SAR request back?

As ive not heard anything from them yet

[maroondevo52]

Hi,

 

They have 40 days to comply, how long have you had the Card ?

[nomore12]

Almost 2 years and a half

[maroondevo52]

Almost 2 years and a half

 

Ah ok thanks, hoped it might be older.

[nomore12]

Hello

 

Well I finally got my SAR info back, Im a bit unsure how to add it up?

 

Do I just add all the £12 late fees up and total it? Or do I need to add %APR onto it or something?

 

Many thanks

[nomore12]

Also do i add up the overlimit fees?

 

Could someone explain how i do this correct so i dont mess it up please

[nomore12]

Any help please?

[maroondevo52]

Hi,

 

Have a look at this thread which concluded last week with a superb result for the op, everything you'll need is contained in that thread, any questions, post back here..............

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?272824-BC-Charges-***WON-with-Compound-Contractual-Int-t***&highlight=credit+card+spreadsheets

 

Regards.

 

Scott.

[nomore12]

Thanks for link I did read and still a little confused

 

I only add the 8% on if it goes to country court? So I just add all the fees up and send them a letter requesting it back?

[maroondevo52]

Hi,

 

Here's a link to the Spreadsheets, if your claiming the Statutory 8% all you do is Fill in the amount of the charge, the date, and the days since and Interest amount is calculated for you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?6964(Simple Excel)

 

You then send a prelim letter asking for the charges back including the interest, send a copy of your spreadsheet.(Send recorded)

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxx

 

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 now 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 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 interest and costs.

 

Yours faithfully,

[nomore12]

Hello

 

I got a letter back from cap one saying no to refunding the fees. What can I do for the next step?

[nomore12]

Thank you for your letter dated *** March regarding £12 default sums added to your account

 

I have reviewed your account and considered the merits of your complaint the office of fair trading OFT has no challenged the right of banks to charge default sums, just the level of those default sums

 

Following the publication of the OFT report capital one in line with other banks reduced the level of default sums charged to £12 each week in September 2006 I can see the default sums have been added correct to your account as a result of the way you have managed your account capital one believes these charges are fair and lawful and as a result no refund is due

[maroondevo52]

Cap 1's standard reply,you could send the same letter again, heading it Letter Before Action giving them 14 days to comply, or file a court claim.

[nomore12]

Ok Thank you, will send letter out first thing in the morning

[nomore12]

So I now just wait 14 days for them to comply if nothing then I just file a court claim?

 

How would I go about dong a court claim sorry never done it before?

 

Many Thanks

[maroondevo52]

Hi,

 

There's a step by step.........

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

 

 

Here are the particulars of claim

http://www.consumeractiongroup.co.uk/forum/content.php?561-Credit-Card-Charges.-POC-for-N1

 

NI with form filling

http://www.hmcourts-service.gov.uk/c...ms/n1_0102.pdf

[nomore12]

Well got a letter from capital one offering the amount back minus £30 which to be fair sounds quite decent and I will accept but have a question

 

in the letter it says it will be taken off my current balance with my debt with capital one signed and returned the signed paperwork

 

well my question was

 

can I ask this money to be paid into a bank account of my choice instead taking it off my balance as like I say it would help me pay off some other debts and would be 1 less debt to deal with

[nomore12]

anyone able to help?