Capital one HELP..

[slick132]

Yes, to the above and use this for the LBA - http://www.consumeractiongroup.co.uk/forum/content.php?605-Credit-Store-Card-Letter-Template

 

 

[mudbutt]

Update... I SENT CAP1 THIS LBA ON THE 24/01/2012 AFTER THEY BASICALLY TOLD ME TO DO ONE..

 

Although you broach a lot of the OFT recommendation in your letter, it would appear that you are selectively picking parts of the OFT report in an attempt to justify £12 as a fair default charge. I would suggest that you read the report in it’s entirety and remind you that what the OFT actually stated is that where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge; Further stating that a default charge is not fair simply because it is below £12 and only a court can finally decide whether a charge is unfair or not.

Should this matter proceed to trial I shall be seeking full disclosure of any true actual losses incurred by the bank as a result of these breaches and believe £12 to be grossly unfair and disproportionate to any actual loss incurred by the bank. It is my view that the charges debited to the account are punitive in nature; are not a genuine pre-estimate of cost incurred by the bank; exceed any alleged actual loss to the bank in respect of any breaches of contract on the part of the customer; and are extravagant and unconscionable in amount in comparison with the greatest loss that could conceivably be proved to have followed from the breach, but instead act in terrorem to ensure contractual compliance and to deter a breach on the part of the customer.I now understand 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 do not believe the charges reflect the true cost to Capital One and are unfair and disproportionate. I am therefore requesting a full refund on the Unfair Terms in Contracts Regulation 1999.

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.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I therefore ask that you repay me the full amount of £168.00. I have attached a full schedule of the charges with this document. Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosities caused directly by the taking by you of penalty charges, which you had applied unlawfully to my account.

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

THIS IS THE REPLY TO THIS LETTER.

 

"As a responsible lender cap 1 has an obligation to ensure that the information it reports is accurate and that it will not mislead future lenders. There is a consistent approach for financial institutions to record acc management activity in order to assess a customers credit worthiness. This practise is in accordance with data protection principles, guidelines issued by the information commissioner . As your account has been reported correctly, i cannot agree to remove the default from your credit file as you have requested.Futher to our last letter dated 10/01/12 i have reviewed this case again. Cap1 remains of the view that its default sums were both fair and lawful. however, as a gesture of goodwill and without any admission of liability i am prepared to increase my offer of refund to £156. (NOTE HOW THE AMOUNT IS LESS THAN WHAT I CALCULATED ON MY SPREAD SHEETS TO THEM.(if you would like to accept this offer please sign and return the enclosed settlement form within 14days...

 

WHAT DO YOU THINK MY NEXT MOVE SHOULD BE BECAUSE I REALLY WANT THAT DEFAULT REMOVE THAT IS THE ULTIMATE I AM NOT REALLY BOTHERED ABOUT THE MONEY.. ...

[slick132]

Hi MB,

 

I think that you need to get them to refund the full amount of the default charges. If they make a partial refund as a goodwill gesture, they are not admitting to any wrong doing and you will have a harder job getting the DN removed .

 

I actually think their refusal now gives you the perfect opportunity to file a court claim seeking :-

 

1. A full refund of default charges plus either Statutory Interest at 8%, or compound interest in restitution (as per Sempra Metals).

 

2. The removal of the DN dated xxxx on the basis that it is factually inaccurate due to the inclusion of unlawful default charges in the default sum.

 

I would file Form N1 without further warning or hesitation.

 

[huggy41]

MB have a read of what we did to Capital one.and won

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?319350-Capital-One-and-claiming-back-charges**-won-comp-int!**&p=3579114#post3579114