Rain Man Vs Capital One

[detayo1]

Hi guys, you're doing very very well.

 

Just another disgruntled customer hoping to get back from my bank what morally shouldn't have been taken.

 

Does anyone knows if this applies to credit card companies as well?

 

Best Regards

 

Ade

[MARTIN3030]

Hi Ade welcome to the site.Yes it applies to credit cards.....in fact it applies to all financial transactions that can be shown to have operated an unlawful penalty charging regime.

Take some time to read the faqs and some of the threads in other institutions and credit card group.

preparation is the key to success so read as much as you can

Also start your own thread so it can be monitered.

[Deller]

Hi and welcome to the site,

 

You've definately taken the first step into claiming back what's rightfully yours.

 

Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

 

Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

 

Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

 

All the best in your claim!!

 

 

Useful links to help with your claim

 

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

 

Letter Templates

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/

 

Interest Spreadsheet

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Court N1 form

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Mcol Particulars of Claim

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[detayo1]

I'm in the process of opening another bank account before commencing recovery action against my bank, the Halifax. In the meantime, I will start the process of my claim against Capital One. Will send the Subject Access Request tomorrow. You advised me to open a thread in the relative bank forum when I start a claim. How do I do this please.

 

Regards

[Michael Browne]

Cap 1 forum here:

http://www.consumeractiongroup.co.uk/forum/capital-one/

 

Top left of the page -click on 'New Thread'

[detayo1]

I'm in the process of opening another bank account before commencing recovery action against my bank, the Halifax. In the meantime, I will start the process of my claim against Capital One. Will send the Subject Access Request tomorrow. These guys have been very mean and they put a default notice on my credit file even after I had made arrangements to reduce the charges. Original credit limit was £200.00 but at a time I received bills for about £700.00

 

I have been paying £70.00 each month for a while now, yet I still get charged overlimit fees as well as cash and purchase interest. In fact in one month last year, I was charged the following.

1. Over limit =£20.00, .................................................. 21 March

2. Late pymt fee charged = £20.00(Can I claim this back?).. 29 March

3. Direct Debit Reversal £15.94 (Can I claim this back?) 28 March

4. Direct Debit Returned fee = £20.00 (Can I claim this back?) 30 March

 

Cash, purchase interests and pymt protection insurance totalled their charges for the month as £86.73.

 

Could someone please advise which of the above types of charges I'm able to make a claim for?

 

Regards

[Deller]

I have been paying £70.00 each month for a while now, yet I still get charged overlimit fees as well as cash and purchase interest. In fact in one month last year, I was charged the following.

1. Over limit =£20.00, ......................... ......................... 21 March

YES

2. Late pymt fee charged = £20.00(Can I claim this back?).. 29 March

YES

3. Direct Debit Reversal £15.94 (Can I claim this back?) 28 March

YES

4. Direct Debit Returned fee = £20.00 (Can I claim this back?) 30 March

YES

[detayo1]

Thanks deller1 for your quick response. Could not send 40day SAR today as I forgot to take cheque book with me. Will do 1st thing in the morning.

Regards

[detayo1]

Hi guys,

 

I sent the S.A.R. letter to Capital one by recorded delivery about 23days ago but I have not received anything from them to date.

 

Is there a reminder letter template for non compliance that I could send to them or should I just wait until the request expires after 40days and then complain to the Information Commissioners Office?

[Deller]

I would wait a little longer, they returned mine within the 40 day period.

[detayo1]

Thankyou, I have finally recd my statements from someone from the legal department at Capital One, who asked me to write to her or contact her about any queries. I'm about to sent the preliminary refund request letter.

 

Should I send the letter to this person, or is it better to send it to directly to Capital One.

 

Regards

[detayo1]

I have recd my statements from Capital one going back 3 years. (new account) I have now sent them the preliminary approach for repayment letter giving them 14days to come good.

 

Also, I have asked them to remove the default notice they recorded on my credit file as a result of the charges.

 

I have included 3 charges of £12.00 (OFT) in my demand letter. Am I right in doing this? Please advise

 

Regards

[syrill-sneer]

Yep, looks good to me, the £12 charge's are still unlawful, just a recommendation by the office of fair trading, but still too much.

[detayo1]

Thankyou,

 

I have just opened a new bank account. Waiting for the docs to come through. I can now commence my actions against the Halifax. Please how do I access the Halifax forum?

[detayo1]

Hi,

 

I sent the preliminary request letter to Capital one and I've just received a letter from them today.) (bang on the 14days deadline)

 

Here's what the letter states:

 

Thank you for writing to us about the fees we've added to your account.

 

It's goint to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter. (By the way, their letter was dated 9.2.2007)

 

If for some reason our investigations take longer than four weeks, we'll contact you to tell you why this is.

 

Thank you very much for being patient while we collect the information we need.

 

Yours sincerely

 

The familiar Robert Udy,

 

Now, can someone please advise me what to do next in view of this letter.

 

I was just about to send the LBA letter tomorrow. Should I hold back and wait to hear from them even though I reckon this is just a tactic being employed by them to delay matters.

[detayo1]

Hi,

 

I sent the preliminary request letter to Capital one and I've just received a letter from them today.) (bang on the 14days deadline)

 

Here's what the letter states:

 

Thank you for writing to us about the fees we've added to your account.

 

It's goint to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter. (By the way, their letter was dated 9.2.2007)

 

If for some reason our investigations take longer than four weeks, we'll contact you to tell you why this is.

 

Thank you very much for being patient while we collect the information we need.

 

Yours sincerely

 

The familiar Robert Udy,

 

Now, can someone please advise me what to do next in view of this letter.

 

I was just about to send the LBA letter tomorrow. Should I hold back and wait to hear from them even though I reckon this is just a tactic being employed by them to delay matters.

[livelylad]

Hi,

 

I sent the preliminary request letter to Capital one and I've just received a letter from them today.) (bang on the 14days deadline)

 

Here's what the letter states:

 

Thank you for writing to us about the fees we've added to your account.

 

It's goint to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter. (By the way, their letter was dated 9.2.2007)

 

If for some reason our investigations take longer than four weeks, we'll contact you to tell you why this is.

 

Thank you very much for being patient while we collect the information we need.

 

Yours sincerely

 

The familiar Robert Udy,

 

Now, can someone please advise me what to do next in view of this letter.

 

I was just about to send the LBA letter tomorrow. Should I hold back and wait to hear from them even though I reckon this is just a tactic being employed by them to delay matters.

 

Send the LBA now, its your timetable not theirs.

[jaxads]

Hi Detay01 --- I would suggest sticking to your own timetable and if the LBA is due to go off tomorrow then you send it!!! (I'm just waiting on my statements from cap 1 so will watch your post with interest).

 

Also, have a read of my thread to see how I got on with the Halifax.

Good luck and best wishes.

 

jaxads x

[livelylad]

detayo 1 please stick to one thread for this claim.

[detayo1]

I just received another letter from Robert Udy, Capital One.. The usual apologies and then he wrote:

' As you are aware the OFT has challenged the level of bank default fees. Although we feel £20 is a just fee, we've reduced our fees to £12 so that we're in line with our competitors. I appreciate that you've incurred previous charges at the higher rate, and would like to address this.

I've reviewed your account and, as a gesture of goodwill, I'd like to offer to reduce the fees we've charged to £12 each. This amount totals £268. If you'd like to accept this offer, please sign and return the settlement form I've included. Once I get it back I'll add these refunds to your account.

I hope I've explained things clearly, but if you do have any other questions, please write to me again. You'll find my address and leaflet which contains our complaint's procedure. If i don't hear from you within 4weeks, I'll consider this matter closed'.

Now, Ofcourse I will only accept their offer as part partial payment towards my whole claim and proceed with my LBA letter. He did not however, address the default notice I asked them to remove from my credit file as a result of their charges.

There was a programme on ITV yesterday. Apparently the OFT are expected to make a ruling of £12 as a fair charge. I'm a bit worried about this in line with Capital One's statement above.

Can someone please advise me on this as soon as possible.

Regards

[detayo1]

Hi Michael,

 

 

I just received another letter from Robert Udy, Capital One.. The usual apologies and then he wrote:

 

' As you are aware the OFT has challenged the level of bank default fees. Although we feel £20 is a just fee, we've reduced our fees to £12 so that we're in line with our competitors. I appreciate that you've incurred previous charges at the higher rate, and would like to address this.

 

I've reviewed your account and, as a gesture of goodwill, I'd like to offer to reduce the fees we've charged to £12 each. This amount totals £268. If you'd like to accept this offer, please sign and return the settlement form I've included. Once I get it back I'll add these refunds to your account.

 

I hope I've explained things clearly, but if you do have any other questions, please write to me again. You'll find my address and leaflet which contains our complaint's procedure. If i don't hear from you within 4weeks, I'll consider this matter closed'.

 

Now, Ofcourse I will only accept their offer as part partial payment towards my whole claim and proceed with my LBA letter. He did not however, address the default notice I asked them to remove from my credit file as a result of their charges.

 

There was a programme on ITV yesterday. Apparently the OFT are expected to make a ruling of £12 as a fair charge. I'm a bit worried about this in line with Capital One's statement above.

 

Can someone please advise me on this as soon as possible.

 

Regards

[Michael Browne]

Apparently the OFT are expected to make a ruling of £12 as a fair charge.

This is about bank charges. They made the same ruling about credit cards last April and it hasn't affected credit card claims at all.

[detayo1]

Thanks a million Michael,

 

I am also waiting for the result of the SAR I sent to the Halifax. Does this mean that once the OFT makes the rulling on £12 for banks, we would only be able to claim the difference back from the bank.

or

would it still be possible to make a claim for the totality?

 

Regards

[livelylad]

Thanks a million Michael,

 

I am also waiting for the result of the SAR I sent to the Halifax. Does this mean that once the OFT makes the rulling on £12 for banks, we would only be able to claim the difference back from the bank.

or

would it still be possible to make a claim for the totality?

 

Regards

 

It makes no difference, you can claim the whole amount back as £12 is not a fair reflection of their costs.

 

Also please start a thread in your bank forum as the welcome forum is not for threads. Thank you.

[MorningCalm74]

Hi Guys,

This looks like a wonderful place to get answers to many of our day to day problems. I have just joined this forum so do not know how to start my own thread or post my query.

 

Mine is regarding Telewest services.

 

Please help..