alex2011uk -v- Capitol One Credit Card charges.

[alex2011uk]

Hi

 

I'm hoping that there is something I can do about capital one, I received a credit card when I was out of work, which I'm quite sure I did not even apply for.

 

None the less at this time I was out of work and stupidly and being young I used it, with a credit limit of £100, due to me not being at work and the interest being rediculous I was not able to keep up to the montly payments, and every time I missed one I think they charged me something stupid like £30.

 

Anyway I did make most payments up until the end of Nov 2010, ( Charges started in April 08) and realised I was not going anywhere as I was being charged something like £50 a month, a fee for being late and another fee for being over the limit due to the charges!

 

At that point I then defaulted and I have now started making regular payments, which from £100 it ended up to around £550 including charges.

 

Is there anything I can do? I know I was stupid but I think it is a joke to charge me for late fee and then taking me over my limit and charging me for that every month even if I was making regular payments but had not taken it back down under £100 due to low income.

 

I really hope someone can help me.

Edited June 4, 2011 by alex2011uk

[maroondevo52]

Hello and Welcome,

 

You could ask for Default removal as part of your claim against Cap1 for their excessive charges, do you have all your statements.

 

Regards.

 

Scott.

[alex2011uk]

No I don't, I got fed up with it all to be honest and threw everything away, but I'm sure I'm within my right to ask for these?

 

And how exactly do you suggest I ask them for it to be removed?

[maroondevo52]

First you should send a Subject Access Request to Cap1 then calculate the total amount of charges applied to your account, you then send a prelim letter asking for these charges back, as part of your claim you also include a request to remove the default.

[ims21]

And don't forget to claim interest on those charges at the same rate that they charged you.

 

ims

[alex2011uk]

Thanks ever so much, am I likely to get any money back or at least have the default removed?

Also are there any templates of a prelim letter?

 

Should I send any letters to the corr address being?

Capital One Bank

PO Box 5283

Nottingham

NG2 3YG

 

Sorry to keep asking questions, I've never had to do anything like this before

 

Thanks again

[MARTIN3030]

Agreed Alex.

With interest you stand to recover a considerable amount-better in your pocket than theirs.

[ims21]

Hi Alex

 

Do the sar first....template is in the liabrary

 

 

Address for Cap1 is

 

 

Capital One Bank (Europe)PLC

Trent House

Station Street

Nottingham

NG2 3HX

 

Make sure you send it recorded.

 

You will almost certainly have money in hand after this is over.

 

I would strongly recommend you look around the Cap1 forum as there is plenty of detail there on how to proceed and how to calculate your claim.

 

ims

[MARTIN3030]

Data Compliance Manager,Capitol One Europe PLC.Trent House, Station Street, NOTTINGHAM, NG2 3HX, United Kingdom

[MARTIN3030]

Easiest thing is to re-title this thread -done now.

[alex2011uk]

That's amazing, thanks ever so much guys.

 

I really appreciate all the help, I'll get started right away

[ims21]

Good on you Alex

 

Go get em

 

Do lots and lots of reading around this forum and you won't go wrong.

 

Just shout when you need help.

 

ims

[alex2011uk]

I'm still waiting for Capital One to send me the relevant correspondance and no news, anything I can do about this?

[ims21]

Is your 40 calendar days up from the date they received your SAR request?

 

ims

[alex2011uk]

No it's around 28 and now the weekend, I thought they had 30 days to get back to you? Or is it 30 working days?

Thanks

[ims21]

SAR is 40 calendar days

 

Waiting game I'm afraid

 

Regards

 

ims

[alex2011uk]

I received my statements so in the process of going through them now, what line should I add in the letter once I have done that to ask for the default to be removed?

 

As I previously said the reason I believe it should be removed is that the limit was only £100 and they were charging me anywhere between £12 and £36 a month which took me over my limit and at the time I was really struggling and could afford to pay just over the minumum payments and the charges they were adding got out of hand and could not afford to keep it up and therefore I ended up in default.

 

Also I had a call from them and they proposed me to pay 50% of my outstanding balance last week to settle the default, which I did. Will this effect my case?

 

Thanks in advance

[ims21]

Hi

 

You need to put a paragraph in your claim to the effect that by your calculations the default was due wholly or in major part to the unlawful charges. Had those charges not been applied, no default would have happened. You therefore demand that the default and any adverse entries are removed from your cra.

 

You'll need to address this issue fully in court should it get that far. I would suggest you work on the basis that you will have to actually go to court and start doing your research on putting together a case now.

 

You need to do some reading around the forums for cases that have gone to court and the successes in getting defaults removed.

 

Regards

 

ims

Edited July 29, 2011 by ims21

[alex2011uk]

Hi

 

I am prepared to do what ever I need to do to get this resolved, it's the first time I have had to do anything like this so want to make sure I am doing everything correct.

Works out that on a £100 limit credit card I had £660 worth of charges plus interest in the space of 3 years.

And I don't feel that's fair especially when some months they are adding £36 in charges in the space of 3 weeks.

With the interest being 34.94% a year seems that the full sum is around £1372.66 minus the £184 that they wrote of when I agreed the settlement would I be correct that the amount I would need to demand is £1188.66?

 

Thanks for all the help

[ims21]

Hi

 

Use the attached spreadsheet to work out your claim. At this stage, change the APR in the blue section to the one for your card. Go through your statements and enter each charge in the list. You only need to enter data in columns A, B and C. The rest of the calcs are done for you. You then just change your personal data in the blue section and that is then your schedule of claim.

 

You need to send this spreadsheet with your preliminary letter to the lender. There is a template for the charges reclaim letter in the CAG library, linked at the top of every CAG page. Give them 14 days to respond.

 

Regards

 

ims

 

CISheet.xls

[biglesbo]

am interested to hear if this went any further