ScottyMPU34 v Capitalone

[scottympu34]

Fell in here by accident, so.............................. i'll give it a bash!

 

Ive been paying £20 late payment & £20 overlimit charges every month for nearly the whole of the last 6 years!

 

First S.A.R. letter done & waiting to post registered in the morning.

 

Wish me luck

[sidvicious]

best of luck but you wont need it

[scottympu34]

Ok, Got 60 statements thru the post today.

 

Nearly 100 charges on an account lengh within the last 6 years. Credit limit £1400.

 

To get the % rate i multiplied the monthly x12.

 

Using Vamps Throughout claim with compounded Interest spreadsheet, i get this.

 

 

CLAIM DATE:09-Nov-06

INTEREST RATE:25.14%

TOTAL CLAIM:£2,876.18

 

TOTAL AMOUNTS£1,565.00

£1,311.18

 

Without seeing the particulars, does this look correct?

[scottympu34]

HMMMMMMMM, Strange one, Multiplied the monthy interest shown on my latest statement x 12 & got 25.14%

 

Before i printed it off on saturday morning, i decided to phone them,

 

THEY REFUSED TO TELL ME MY APR! CALLED AGAIN & GOT THE SAME.

GAVE IT ONE LAST BASH (as its an 0800#) & REMINDED THEM UK LAW APPLIES WEITHER THE CALL CENTRE IS IN INDIA OR NOT! they stated it was 28.25%, god knows how they worked that out, so ive used that as reference.

 

£3125 ...................................................... let the fun commence!

[scottympu34]

I dont think anyone actually reads these things.

 

Update, for anyone deciding to take the plunge against Capital one

 

As what seems the norm, they ignored the request for repayment.

 

Sent off the 14day court action letter yesterday, and checked that its been delivered.

 

Got a response from Mr Udy, which seems to be a cut & paste letter offering default removal that i never asked for & an offer of £580 paid to my account, if i fill in the settlement form ( that they never sent ! LOL )

 

Will have to sent off a letter accepting it as a partial settlement against the total amount of the claim, preventing further unlawful charges on my account & reminding them they have 12 days to pay the full amount before court action, ................ if thats correct.

 

 

 

 

i love they way that they state ""we feel £20 is just a fee, we reduced to £12 in line with our competitors" ...................... Would that not be considered Price fixing? and also unlawful?

[scottympu34]

Oh well, i'll fire this off in the morning.

 

The Executive Office

Capital One Bank (Europe) plc

POBOX 5281NottinghamNG2 3HX2ND December 2006

RESPONSE TO SETTLEMENT OFFER

 

 

 

Dear Robert Udy

 

 

ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

 

Thank you for your letter dated 28th November 2006.

I respectfully decline your offer of settlement and request; once again that you return to me all charges totalling £xxxx.xx plus £xxxx.xx as of 10/11/2006 which you have charged me in interest for the sum which you have taken. Total £xxxx.xx.

I will accept the sum of £xxx.xx offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a Court claim.

However as a matter of goodwill, I again offer you the chance to settle my claim of £xxxx.xx in full, without further cost to Capital One.

Please be aware my letter before action which indicates that you have a further 14 days, until 13th December to respond before Court action commences has already been sent on the 29th of November, due to your delay in responding to my first letter. If you do not comply fully within the fourteen days then I shall begin a claim against you for the full amount, plus interest and my costs, without further notice. You are reminded that there will be no extension to this timescale.

 

I have once again included a list of all charges you unlawfully imposed onto the account for your reading.

Please be aware that you did not include a settlement form with the letter ref:ERC/JWL/xx-xxxxxxx , so take this letter as my full & final response.

 

I trust this clarifies my position.

 

 

 

Yours faithfully,