Cabot/Reston Claim Form - Cap1 Card 'debt' Please Help

[Piano Cube]

Hi guys,

 

 

I recently got into financial difficulties

 

 

my Capital One card balance has been passed onto these guys.

I have various other debtors and so I put together a complete financial breakdown and wrote to them all with details of how much I could pay.

 

 

This company is the only one dragging their heels and have ignored my letter,

it was sent recorded and was delivered.

 

 

My question is, how long should I leave it before writing again, if that is the best tactic?

 

 

I would appreciate any help,

 

 

thanks.

[sillygirl1]

Ignore them in return, you shouldn't have sent an income and expenditure form in as they are not entitled to that information. If you included your bank details you now need to check that they haven't sneaked in a direct debit, and inform the bank in writing that they are not entitled to take any money from your account (this writing to the bank bit is now another chink in the armour).

 

Don't get involved with letter ping-pong or letter tennis with them.

 

How long is it since a payment was last made by you on the account?

[Craigbadger]

Send them a CCA request and see what they reply, they cant do anything till theyve dealt with that, then if they dont or provide a non compliant agreement you can legally put the account in dispute. Capital 1 didnt manage to make a good agreement till very late on. When exactly did you open the account?

This template will get you a copy of the agreement, sorry cant find the link on CAG for the template.

http://forums.http://forums.moneysavingexpert.com/showpost.php?p=53600973/viewtopic.php?p=603#p603

[Piano Cube]

Hi guys, thanks for the quick responses. To answer all your questions:

 

I didn't send bank details so there's no chance of them taking money.

 

 

I've been in debt before so have had some dealings with DCA snakes and know how devious they can be.

 

I opened the account with CapOne in May 2007, it was passed to the DCA in June 2010, last payment to CapOne was Jan 2010.

 

Seems I should have started at scratch with a CCA request, so I'll send that off asap I think.

[Piano Cube]

Hi guys, hope someone can give me some advice on this.

 

 

I was unemployed for a while and got behind with payments with a few different companies.

 

 

I am now working again and after checking Credit Expert, have found that Capital One have defaulted my account.

 

 

I desperately need a car and am wanting to try for car finance,

 

 

what are my chances as my score is very poor due to the default.

 

 

I have the income to easily afford it but I don't want to try if I have absolutely no chance.

 

 

Is there a way I can get rid of the default?

 

 

It's the only thing adversly affecting it at the moment.

 

 

Thanks in advance for any help.

[The Debt Star]

with a defaulted account on your credit file? I'd say a zero chance of obtaining finance at present.

[Jamesx81x]

With only one default i do not agree that you will not obtain finance

 

You will find that it will be at a higher rate of interest than if you did not have the default

[The Debt Star]

I took "default" to mean "Default" ie a defaulted account, not a late payment marker. With a Default there are minimal prospects of finance in the present market. But all the best of luck in finding it.

[Jamesx81x]

And he will find people will still lend but at a higher apr as I said!

 

Defaults are bad but not the end of it! Depends if he only wanted mainstream or high apr lenders doesn't it!

[Piano Cube]

Hi guys and thanks for your responses. I would settle for a higher APR as I don't have a lot of choices at the moment. I'll have to look into some dealers and see what I can get hold of. I do have proof of a high income, just poor credit.

[The Debt Star]

Let us know if you get any finance. I would be very interested to know, as I don't agree with James, and would like to be proved wrong (believe me, I would)

[Jamesx81x]

Not asking you to agree just stating from personal experience that I got my car on finance through perrys with a CCJ and 2 defaults but on a high rate!

 

There are people out there that will lend!!!

[The Debt Star]

I don't care if you thought particularly anything.

 

My experience differs but, if the OP gets finance with a big red Default plastered on his credit files for 6 years, then that's great.

 

Perhaps you can let him know the contact details for the financiers who were so understanding of your position.

[Jamesx81x]

Already have fella!

 

No need to get touchy hey obviously don't like the fact that your opinion is not the only one!

 

Run along and bore somebody else

[slyspy]

car finance is one of the main sources of 'sub prime' finance, as they can secure the loan against the value of the car so it's lower risk, than a credit card for example.

[Piano Cube]

Thanks for everybody's help, I guess the only way to see is to try. It'll be in a few weeks max so I'll update the thread to settle it once and for all. Thanks again guys, Rob.

[Piano Cube]

Hi guys, hope someone can help with this one.

 

I had a Capital One card that I unfortunately defaulted on in 2010.

 

The credit limit was £1,400 but the default amount was £1,683.

 

I have all the statements and looking through them I see numerous charges applied, approx £350 over the lifetime of the account.

 

Would I have grounds to claim Capital One took me over the credit limit and caused me to default and perhaps get it taken off my credit file?

 

At the very least can I claim back charges plus interest from them?

Some would be out of the six year timeframe from 2007ish.

 

I remember sending several CCA requests during 2010 to different DCAs

and they passed the account back to CapOne.

 

I haven’t heard anything since,

but would like to know where I stand.

 

Whether I just sit and wait for the default to disappear or fight back against it.

 

Thanks in advance.

[dx100uk]

The simple answer to both questions is "Yes

 

It is highly likely that you would need to go to court to get the charges back or at least get to the court stage.for the ones outside of 6yrs

 

Some companies cave in before court, others don't so you must be prepared to goo all the way of you are going to make a claim.

 

pop them in this:

 

CISheet v101.xls

 

put their int rate in cell d 15

[Piano Cube]

Thanks DX, the spreadsheet seems pretty straightforward.

 

I’m willing to take this all the way as CapOne were nasty at a time when my finances were in a mess already and I was living on student loans.

 

What is the procedure to get this started, and are there any letter templates I could use?

 

Is there any comeback on the DCAs ignoring my CCA requests?

[BRIGADIER2JCS]

Process Formal Complaint Letter.>

>Investigation and response from company.>

Unsatisfactory reply>>>>

> Letter before action >

> Issue claim if you don't get a positive response.

The courts will look to you having exhausted all avenues to reach a remedy.

[ims21]

Hi rob

 

Capital One have been known to defend charges cases so you would do well to make sure that you prepare fully for any court case. There are successes with Cap One as well as losses. I would suggest a thorough reading around the Cap One forum to get up to speed as to how a charges claim works and what it is all about.

 

You should really understand why these charges are unlawful i.e. penalties which do not represent a true pre-estimate of loss for breaching the contract.

 

If you are going back further than six years you will need to get around a defence that they are statute barred and you would use S32(1)© Limitations Act 1980 to do this. Case law which is relevant her is Kleinwort Benson v Lincoln City Council.

 

As to the process, it is you who takes control of the situation and you start by sending them a preliminary letter of claim giving them 14 days to refund the charges. You can use this is your prelimianry, just amend it to suit.

 

Account number................... ................ date etc

 

Dear Sirs

 

Following media reports,and an investigation into credit card charges by the Office of Fair Trading,which I have recently been made aware of,I now understand,that the regime of fees which you have been applying/applied to my account in relation to late fees, and over limit charges, are unlawful at Common Law,Statute and Consumer regulations,in that they did not/do not, represent a genuine pre-estimate of your actual costs.

 

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law,and in consideration of fair business practices and good faith.

 

It is my contention, that you have failed to operate my account in a manner condusive to the above,and have demonstrated a lack of fiduciary duty.

 

I calculate that you have taken £xxx plus £xxxx which you have charged me in interestwhich total £xxx. 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 impecuniositiy’ caused directly by the taking by you of penalty charges which you had applied to my account.

 

In recent years,Courts have been happy to accept claims for bank charges that exceed 6 years,whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the limitation acticon 1980.

Should county courticon action be needed I will be seeking to rely on this.

 

 

Therefore this letter requests a refund of all charges indicated including interest 14 days from the date of this letter.

I request that payment is made directly to me,by cheque,and that any refund in whole or part should not be allocated to any set off or third parties.

Should this occur,my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

 

You now have 14 days to respond positively,and in the absence of this,I will put you on notice with a further 14 days,letter before actionicon.

I trust this clarifies my position.

 

 

Yours Faithfully

 

Enc; Schedule of charges

 

Don't forget to enclose a print of your spreadsheet.

 

If they fail to respond or refuse your claim then you issue the Letter Before Action and if they still do not refund then you issue your claim through the courts.

 

If and when the time comes, only threaten court action of you intend to go through with it.

 

As I say, you should start doing your research as soon as you can so that you fully understand the arguments should you need to present and argue your case in front of a judge.

[Piano Cube]

Thanks guys, I will do some research before getting the ball rolling. Just a few questions:

 

Would it be easier to just include charges from last six years as this would cover the majority of them?

 

Is this the time to be asking default to be removed as well?

 

Should I CCA CapOne at the same time?

 

Much obliged.

[ims21]

Hi

 

It is up to you whether you wish to go back further than six years. There have been successes but at the same time there have been some losses.

 

Even if you stop at the six year period then there is still no guarantee of a win.

 

What is the value of your claim i.e. what does the spreadsheet show as your charges and interest?

 

In order to claim for default removal you would need to do some further analysis work on the figures so that you can show that without the charges the account would not have defaulted. If that is the case then you can include that in your claim.

 

While you don't necessarily need the CCA, if you haven't go the agreement and T&Cs at the time of opening the account then there is no harm in sending one off providing the account has not been paid off and closed.

[Piano Cube]

So after checking through my paperwork, this is what I have.

 

Charges come to £252.00, plus 8% equals £358.30.

 

The Default was served by CapOne stating an overdue amount of £219.25.

 

Charges to that date come out as £252.00, so by my calculations I would not have defaulted and my account would have been in credit.

 

Also, the default states £219.25 which equals £1,619.25. The default on my credit file is £1,683.55.

Would this be grounds for incorrect placement of default?

 

There is a £48 difference if I applied to get only the last six years charges refunded. I’m guessing if I have to start court proceedings anyway I may as well go for the whole lot.

[ims21]

Why have you used 8% interest?

 

You should be using the rate that they were charging you on the card as advised by dx earlier on.