Capital one charges

[sandpearl]

I really need your advise, I sent capital one a letter to claim back charges on my account from 2000-2009.

I last paid capital one in July 2009 and in december they issued a DN and passed me on to debt collector who I have been paying £10 a month.

 

Today I have received their standard letter stating charges were fair but they would refund me £56 which is the difference between £20 & £12 charge. I was asking for £951 + interest.

 

Now this paragraph is puzzling me that they put in their letter "We have not reviewed the default sums added prior to this date as such default sums are statute barred pursuant to the limitation act 1980.

 

My account is not statute barred because I last paid them in July 2009 and they passed me on to Freddricksons where I pay £10 a month. I rang them today and asked could they explain "statute Barred" to me but they couldn't, but they could see I pay £10 to Freddricksons every month.

Should I send another letter asking them to explain why my default charges are statute barred and also quote S32 (1)© limitations act 1980?

 

Your advise would be greatly appreciated.

[ims21]

Hi

 

The statute barred thing can be overcome by S32(1)© Limitations Act 1980.

 

It is highly likely that you will have to sue to get these charges back.

 

You need to go about this the right way.

 

Prepare a spreadsheet of charges and use the rate they were charging you on the card (at least)

 

As you have already done a preliminary letter, the next one you send would be a "Letter Before Action" and then if they still don't pay then you issue in court.

 

Only threaten court of you intend to go through with it.

 

First thing's first, get the spreadsheet done . I've attached one that you can use...just follow the notes in the sheet.

 

Also have a read around other Cap1 threads to get up to speed. You can also have a read of other bank threads.

 

Finally have a look at the items in my signature about claiming back charges and the interest tutorial

 

ims

 

CISheet v101.xls

[sandpearl]

Thank you, I did read a case where it was thrown out of court because Capital Once claimed the account was "Statute Barred" and I just needed to check as they have this on my account and if I did go to court the same thing would happen to me. i will get on with the final letter and spreadsheet and keep everything crossed but I am prepared to go to court, thank you

[ims21]

If you go to court it doesn't matter what Cap1 says...it will be up to you to argue and convince the Judge

 

It will him/her who makes the decision

 

ims

[wakeywakey]

OK, I am going for court action.

 

I have read the section "How or Where do I start my claim?" but I thought I read elsewhere on this site that you can only start a claim online nowadays.

Any advice on this?

[sandpearl]

OK, I am going for court action.

 

I have read the section "How or Where do I start my claim?" but I thought I read elsewhere on this site that you can only start a claim online nowadays.

Any advice on this?

 

Hi, you can go to moneyclaim on line and start your claim. I will be starting my claim next Friday if I have no response. Good luck

[sandpearl]

I had an interesting package delivered to me yesterday from Capital One, it was a SAR report from 2000-present.

 

Im a little confused as I never requested a SAR as I have all statements from them and the only thing I was waiting from them was to reconsider their offered to me in which I sent LBA giving them 14 days......Do you think this is a delay tactic from them? not sure what to do....any advise please

[ims21]

If they have sent you a SAR response then that really has nothing to do with your claim. It also shows some incompetence on their part.

 

Stick to your time scales.

 

ims