capital one v susanne007 ***WON***

[susanne007]

hi having only had a credit card for a short while was quite shocked to see how spending could spiral out of control. needless to say card was withdrawn and account sent to debitas. have been paying debitas for a while now and when i rang to see if i could have my statements they said no. but they have told me how many charges i received during the short time i had the card. this was 8 late payment charges and 24 o/d charges which amount to 640. pound but i have no idea when th4e charges were applied, then debitas told me to ask cap 1 for statements. this i did and was told that because its with the collection agency they could not do this. looks like i,m being passed from pilla to post. anybody any suggestions

[susanne007]

right sat down and thought about this for a while today and this is what i,ve decided to do . as i already know that i have 8 late payment charges and 24 o/d charges (as the people at debitas have so kindly told me) i rang debitas today and asked if they could tell me when the charges were applied. they checked and only held records for 18 months and no charges were applied in the last 18 months......soooooooooooooo. i thought i would write to capital one and in prelim letter ask for the 640 back. as for the interest is it safe to assume that i put nov 2004 for all charges as i don't know when they were applied. but i do know it was more than 18 months ago. also can i ask for contratual int should it go to court. any help would be much appreciated.

[midge61]

Hi

If you don't have all your statements and you've asked and they wont send them then you really should send a SARs to them. They will have 40 days to reply but this should get you all the details that you need.

Hope this helps

[susanne007]

got statments from cap one yesterday and another set today. when i've gone through them there isn't as many charges as i was told on the phone. 460 rather than the 640 which debitas has told me. but and heres the big but. i sent a prelim letter off on thursday requesting 640 back. any ideas. do i wait for the bog off letter and then change amount at lba stage?????

[susanne007]

bump any thoughts

[Guest Battleaxe]

Have you filled in a spread sheet with the charges?

 

I would send a revised LBA to them just mentioning that Debitas gave you the incorrect figures. Say no more than that.

 

I would enclose the spreadsheet and just sit back for the sod off letter. you might get a surprise and they make you an offer.

 

Was that a pink pig flying past my window?

 

Nothing ventured nothing gained.

[susanne007]

had a reply this morning off mr uddy ususal bumph 'we have now reduced our charges from 20 to 12' ' we will refund you the difference and sign this form to say the matter is closed'.they have offered 176.00 as full and final. cheecky buggers have also sent me a form for me to give comments on how they handeled my complaint so that they can improve their services in the future. lol.

[susanne007]

letter sent back today to accept payment as partial claim. also to point out that the amount of unlawfull charges was what i defaulted on so i want the default notice removed. also that the very first charge i had on the account was due to them taking out a payment protection charge that i never asked for( i did ring them about this at the time and they then cancelled the payment protection although they didn't remove the charge). lets see what mr uddys reply will be.

[lukeyboyuk]

I have also sent off a reply of a similar nature.

 

I shall be intrigued to see what they say about removing a default.

 

It seems we are both in the same position currently!

[susanne007]

lukeyboyuk. race you to the finish line.. lol

[kerry1983]

hiya,

I'm a newbie here too, been reading over alot of unlawful charges info which has been very helpful.

Today I sent off my initial letters to capital one and lloyds tsb.

I got my letters from Govan Law Centre website (was unsure about english/scottish law differences)

I got my capital one credit card about 2 years ago with the limit of 200 which i spent in record time (about two days, it was just before xmas!)

After struggling to make payments, my account went into arrears, I paid the full account in August 2005.

Once again I ran up the full limit and struggled to pay them back (totally my own fault), my account was referred to debitas, who I've found out, are just another part of Capital One.

I entered a payment plan, which I've paid £77 a month since June (5months) I've got 3 months left to pay.

I cannot get my online statements as my account was defferred but I'm pretty sure I've paid over £600 worth of charges.

 

The first time I paid it off it was in the region of £450 to clear the account and this time to clear the account it's over £600, for a £200 limit credit card? Crazy!:?

 

I don't know my charge dates, I just put my estimate of over £600, applied between November 2004 to June 2006.

 

Do you think Capital One will send me an offer? If they do I would be very tempted to take, just so I can pay off the rest!

 

Does anyone know the process of taking them to court in Scotland?

 

I hope you get every penny back Susanne, it's shocking how Capital One apply charges. I notice that they advertise these credit cards for people with poor credit, and they further destroy their credit rating.

 

Kerry x

[elizabeth1]

Kerry - I personally don't know of the legal system in Scotland - I am sure there is stuff on here to help you out.

 

I suggest you first Copy & paste your post to start a thread of your own - you can have your own title etc.. in the Cap1 forum (perhaps use the Scottish query in your title?) - this way others will see it and hoepfully someone with more knowledge of the scottish systems may be able to help you with an answer. If you have your own thread & title it's easier for readers here to keep track of where you are up to and help you with answers if you get stuck.

 

My second suggestion is that you use the SAR letter template (it's ready for you to just edit your own account number and details into) and send the £10 for this service. It doesn't matter that your card was put with a debt credit agency - you are still entitled to copies of your statements for the past 6 years.

 

Read as much as you can here of the different forums and letters etc.. and ask if you are unsure of anything - someone always has an answer - or we can try find something out to help you.

 

It's really late now and way past my bedtime - I will try look again tomorrow to see if there is anything I can do to help - but for now it's the best suggestions I have for you to get help.

[susanne007]

does anybody know the rate co are charging as i'm thinking of going for contratual compounded interest. does it vary or is it the same for everybody?????

[susanne007]

update. sent an email to mr uddy on friday 15th dec to say that debitas had given me the wrong info and that when looking through the statements there wasn't as many charges but added on compounded contractual interest would like to know a response.

rang back on the 19th to see if i'd had a response. was put through to debitas and was told by a very patronising rude person for want of a better word"what gives you the right to try to calim anything back from us. do you think that it is right that you can spend when you have no money or credit and expect to get away with out having to pay anything. you should be grateful that you have been offered something by the way something that you're not entitled too."

at which point steaming through the ears i pointed out that unless he could prove a breakdown of costs for me then i would proceed to reclaim full charges. was then told "do what you want but i will tell you now that debitas will not be deaking with you or your account anymore" thabk god for that.

sent mr udy another email and pointed out that i wouldn't be spoken to like that by anyone and that yes I DO HAVE THE RIGHT.

will go to court today to pick up n1 form.

btw rang debitas up again and spoke to someone else to put in a complaint. she actually offered me a settlement figure and said shed look into the conversation i'd had earlier in the day. and not to wait for a reply from mr udy as he's already given his final response.

[happyh]

hi noted earlier some of you want to know how to deal with this in scottish courts,i am claiming from halifax card services as we speak,you need to phone the clerk of the court and ask for a claims pack on01383 724666 or fax to 01383 621205,or if you choose to write its sherriff clerks office sherriff court house 1/6 carnegie drive dunfermline KY127HJ,the clerk was great when i phoned for help told me all i needed to know,got claim pack next day,one thing you cant claim interest thru the county court act,it doesnt apply in scotland,so read the pack notes carefully it does tell you how to claim interest ,sorry this isso long ,just keen to help eas much as possible.

[susanne007]

happy new year to you all. nothing much happened over xmas no response from mr uddy. really need help now though. in my final email to mr uddy i put that i was claiming compounded contractual interest. but been reading on other threads and i may have made a big, big error. can someone please explain compounded contractaul interest to me in words of one sylabal. and if the interst rate as shown on the statement is 0% and on some its 12.7% where do i stand. thanks.

[susanne007]

right here goes. firstly been to court to pick up an n1 form. havd several phone calls since last posted from debitas. they now want 50.00 per week (not a chance). told them account in dispute. blah blah blah. will keep paying the tenner a month. got a phonecall off crap one yesterday to say that because debitas couldn't get the money out of me then it has been passed back to them. explained again that account in dispute and had an n1 form to fill in. he told me that i couldn't claim any interest as the account i had with them the intrest was zero. and also there was only 188.00 in charges. i said that i had all the statments and it came to more than that and could they put everything to me in writing he said no i will continue to call me everyother day. by this time i was acting very patronising and said to him thast i couln't wait he could ring as many times as he wanted. (he aint getting anymore money though).

[susanne007]

finally got copy of working tax award so that i dont need to pay at court. with five kids finding spare money is hard, anyway n1 fiklled in and taken to court. lets see how long it takes them as i'm only claming around £500.

[TANZARELLI]

Good luck

[Guest Battleaxe]

Go for it Susanne

[ukaviator]

Well done Suzanne.. hang in there, not too long now..

 

Uk

[susanne007]

cour papers have been filled. letter received from court to say papers served to cat one on the 9th march and they have until the 23rd to reply. another phone call from them today to tell me that they are going to sell my account to an external agency. told them they couldnt do that as account in dispute. they said they havent received anything from the court so until they have then they can do what they want. any advise.

[Guest Battleaxe]

Let them do it Susanne, and then let the Court take them to pieces. Make sure the Court knows what is going on, well worth writing aletter to the Judge, cc copy to Crap One and then let the cards fallwhere they may.

[TANZARELLI]

I wouldn't worry about it as they will soon pass it back.

 

Did you send an account in dispute letter.

 

Try this, just amend it to suit.

 

[Your address]

[Their address]

[Date]

Dear Sirs

 

ACCOUNT IN DISPUTE

ACCOUNT NUMBER: **** **** **** ****

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you have passed my account over to ………………… DCA - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely

[Name]

Cc ……………………..DCA

[susanne007]

thanx for that. rang the court today to see if there has been a response but nothing as of yet. althogh the court says they have a backlog with their post. so a response could be sitting there as we speak. lol. will ask for judgment on mon.