Capital one HELP..

[mudbutt]

What is the process of taking court action ?

[slick132]

You basically take court action seeking :-

 

1. An order that the bank must disclose your data in response to your SAR.

 

2. Compensation (just a nominal amount) for the bank's failure to supply the data as originally required.

 

Examples:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?286215-Barclays-want-to-start-court-action-help-please!&p=3219188&viewfull=1#post3219188

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?206050-Webby-v-Barclaycard-**WON-with-CCI-and-Older-Charges**

 

[DonkeyB]

........or you can follow through your threat and take county court action seeking token compensation at the court's discretion, plus the disclosure of the data they've failed to supply.

 

@ DonkeyB - did you mean the FOS and not the OFT as I don't think the OFT will involve themselves in such issues on an individual case.

 

 

Indeed slick, but every complaint to the OFT is racked up against a company’s licence application. If we don’t complain, nothing will happen.

[slick132]

Thanks Donkey,

 

Now I see where you're coming from.

 

[DonkeyB]

I just like causing trouble for those who trouble others.

[mudbutt]

Just got a reply claiming that they sent my data recorded delivery on the 12/11/11 (NOT) and that if i want them to sent me another batch i have to pay another £10 .. what do do now im beyond upset...

[DonkeyB]

Demand proof that it was delivered.

[coffeeangel]

Hi MB, I feel your pain and frustration where these people are concerned! It's all designed to waste time, drag it out and put you off!

 

So they say they sent it RD on the 12th November? I would find that hard to believe given the 12th was a Saturday! But as DB says, they must proof it by providing you with a copy of the track and trace confirmation!

 

This may seem a silly question, but did you send your SAR by RD/track and trace? If you did have you checked online to see when it was delivered? If you can get that information, print off a copy. Also call the Post Office and find out if your postal order has been cashed and ask them to send you proof. Armed with this information, take them to court and get the Judge to force compliance as they are taking the mick - they have had 68 days to comply which is more than enough time!

 

Also as DB says, Complain!

 

Don't let them fob you off.

 

Best,

 

Coffeeangel

[DonkeyB]

Good spot on the date, coffee – I’ve seen bogus recreated letters from certain companies that were supposedly written and posted on a Sunday!

[coffeeangel]

DB, why doesn't that surprise Coffee! I'm sure they must have a lucky dip for the bog standard template letter of the day they are going to send out designed to confuse or annoy or both and pick a date to enter into it that they will either respond to you or tell you have they have responded by sticking the calendar for the month on the wall and throwing darts at it!

[DonkeyB]

I have one classic that was supposedly sent out on Easter Sunday in 2007.

[coffeeangel]

Ohmystars! Lies! Really??! Shysters!

 

Morales of an alley cat these institutions! Actually scratch that! I do alley cats a disservice!

[coffeeangel]

I would like to call them a word we English take for granted but means something on a whole different level in the U.S. but I will be

 

So.... 'tupid people!

[DonkeyB]

I’d just like to point out that it wasn’t Cap1 issued that letter – it was a debt buyer’s agent.

[coffeeangel]

Just keeps getting better!

 

MB, don't let the organ grinders or their minions get you down. You've given them enough rope, they've taken more than 68 miles. Reel them in and hang them out to dry

 

Best,

 

Coffee

[mudbutt]

I got a follow up call from cap1 they claim they could not find out what happened to the data they sent so they will resend my data . Lets wait and see..

[DonkeyB]

We can tell them what happened to it. They didn’t send it!

[theshuffler]

subbin

[mudbutt]

Update####

update####

 

i don't have a scanner so i will type the letter verbatim.

 

I sent cap1 a refund charge letter and my spreadsheet with the charges and they sent me this reply.

 

" thank you for your letter dated 27 dec 2011 regarding £12 default sums added to your account. 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.

 

I have reviewed your acc and considered the merit of your complaint. The oft has not challenged the right of banks to charge default sums, just the level of those defaults sums. Following the publication of the oft's report , cap 1 , in line with other banks, reduced the level of default sums to £12 each in sep 2006. I can see the default sums have all been correctly applied to your acc as a result of the way you managed your acc. Cap 1 believes these charges are both fair and lawful and as a result, no refund is due. We also note you have requested that cap1 pays statutory interest at 8% on the default sums pursuant to section 69 of the county court act 1984.however, statutory interest only becomes payable once judgement has been given , and any amount awarded is entirely at the discretion of the courts. You are therefore not entitled to ant statutory interest whilst the matter remains pre-action. Furthermore, refusal to accept a reasonable offer of settlement purely on the basis that you wish to recover statutory interest could be seen as a breach of the pre action protocol, making you potentially liable to cost sanctions"

 

need some advice on what to do next if anything... Thank you

[Bazooka Boo]

Thank you for your tired letter, I will pay you the sum of £1 a month less for any charges you have applied and state you will not refund, up and until I have paid what I owe, no charges will be paid.

[slick132]

HI Muddy,

 

Have they still failed to supply the data required by your SAR or has this now been provided to you. If not, and you think further default charges are likley to have been made, you should pursue the SAR issue by a court claim as mentioned before.

 

If you do, in fact, now have all the default charges data, you will have to file a court claim to get them back.

 

Before this, please remind me:-

 

1. Over what period have the default charges been made.

 

2. Is there an outstanding a/c balance.

 

3. Is it being paid currently or is it in arrears.

 

[mudbutt]

hi Slick132 thank you for your reply.

 

I got my SAR reply from them. I put together a spreadsheet of all late and over limit charges which came up to a total of £168.00 plus £99.22 interest at statutory rate... The card its self was closed in 2010 I have default registered on my credit score because of this stupid card. It is in arrears of £119 which I have been fighting with debit collectors since, I told them to prove how I owe this money. The letter above was a reply to my request for charges to be refunded to me..I have not made a payment to this account for about 2yrs. the charges are from may 2009 to march 2010.

Edited January 23, 2012 by mudbutt

[Bazooka Boo]

The you need to get reclaiming these fees and charges back from them.

[slick132]

I assume Cap1 finally sent you the data which you needed to do your spreadsheet so there's no data outstanding. Is this right ?

 

On the basis of their refusal to refund, I think you should update your spreadsheet but leave off the entry for Stat'y Int't. Send it with the Prelim Claim letter, this time headed Letter Before Action.

 

If they fail to refund in the 14 days you give them, file a claim at your local court enclosing your (again updated) spreadsheet which will include Stat'y Int't at 8%.

 

You can also ask the court to order the removal of the default and any adverse credit data on the basis that it includes unfair penalty charges.

 

[mudbutt]

Thank you slick132 so to confirm I should do another spreadsheet without interest and send them lbc and give them 14days to reply?