mbdissV cap one help needed

[mbdiss]

Hi all.

I had a cap one card some time a go and want to reclaim the charges but I have no account details. So I was going to send the standard SAR letter but need to change the beginning of it but I have know idea what I should put was thinking some thing like this.

I held an account with you some time a go. This account was closed in 2004.

The details you hold on me are as follows. My name, address, Date of birth.

I also include copies of my driving license so proof of my identity.

The other thing is whom do I name on the postal order or write the cheque to.

Any help would be greatly appreciated.

[livelylad]

Hi all.

I had a cap one card some time a go and want to reclaim the charges but I have no account details. So I was going to send the standard S.A.R - (Subject Access Request) letter but need to change the beginning of it but I have know idea what I should put was thinking some thing like this.

 

I held an account with you some time a go. This account was closed in 2004.

The details you hold on me are as follows. My name, address, Date of birth.

I also include copies of my driving license so proof of my identity.

 

The other thing is whom do I name on the postal order or write the cheque to.

Any help would be greatly appreciated.

 

Thats fine just put as much info as you can also make the cheque payable to Capital One.

[mbdiss]

ok so this is what i have come up with dose it look ok.

 

I held an account with you some time a go. This account was closed in 2004.

The details you hold on me are as follows. Mr *******, *****, ***, Preston, Lancashire ******

I also include copy of my driving license so proof of my identity.

 

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information, which you require in order to satisfy yourself as to my identity, please let me know by return.

 

 

Yours faithfully,

[livelylad]

Yes thats fine.

[mbdiss]

thanks for having a look livelylad

[mbdiss]

Ok so sent my S.A.R - (Subject Access Request) today, which cap one will receive tomorrow. Could someone please remind me is it 40 working day or calendar days. so they have till the 8th Feb.

 

What are cap one like for sorting S.A.R - (Subject Access Request) request out?

[maranatha]

Ok so sent my S.A.R - (Subject Access Request) today, which cap one will receive tomorrow. Could someone please remind me is it 40 working day or calendar days.

 

What or cap one like for sorting SAR request out?

 

40 Calendar Days I believe

 

Go for it

 

Maranatha

[mbdiss]

thanks for that. thourght it was just couldn't remember.

[mbdiss]

Ok I need some advice I am thinking of claiming compounded contractual interest on this claim but not really sure how to work it out and at what rate to claim at.

I could do with it explaining to me in plain English, as I want to be able to sound as if I know what I’m talking about if this goes to court.

[ukaviator]

Hi MBDISS

 

If you look on your statements you will see a figure like 1.236% just below your main statement window of transactions.

 

What you need to do is times this by 12 to get the APR

 

1.236x 12 = 14.83% APR

 

You add this to every charge individually as it is compounded over a period of time. The spreadsheets found on the site will enable you to input the APR and calculate what is owed. If you have any trouble or need to double check those figures against a separate calculator, then use this one here: Compound interest calculator

 

I used this before the spreadsheets were updated.

 

Good luck

 

Uk

[maranatha]

Over a 6 year period, the amount of interest has changed a number of times.

 

Does anyone have any idea how to make sure we get the right amount of interest. If we just use the latest then it doesnt quite work. A+L's latest is around 16.9% for both authorised and unauthrorised. I seem to recall that a few years ago, their unauthorised was around 27%

 

Any ideas?

 

Maranatha

[RedDeath]

Hi,

I was under the impression that your first approach to them is for the amount of charges that they have added, only that at this stage. What should follow is the standard "NO" letter, and you then send another letter asking for it again. They will once again refuse. At this stage only can you add interest to it while submitting a claim to the court and the interest for it should be 8%. Any other thoughts on the matter?

[mbdiss]

Hi red death that is true but as I am thinking of claiming compounded interest above the standard 8% set by the courts, I believe that need to state this from the start of the claim. Am I right about this??

There is a thread about this some where on this site but can’t think where at the mo.

By the way dose anyone know what the unauthorised borrowing rate is for cap one and has any one tried to use it with their claim?

[mbdiss]

Hi MBDISS

 

If you look on your statements you will see a figure like 1.236% just below your main statement window of transactions.

 

What you need to do is times this by 12 to get the APR

 

1.236x 12 = 14.83% APR

 

You add this to every charge individually as it is compounded over a period of time. The spreadsheets found on the site will enable you to input the APR and calculate what is owed. If you have any trouble or need to double check those figures against a separate calculator, then use this one here: Compound interest calculator

 

I used this before the spreadsheets were updated.

 

Good luck

 

Uk

 

 

thanks for that. you will have to forgive me if i keep coming back to this. math was never my strong point

[ukaviator]

Hi Red death

 

That's ok Mbdiss. If you are claiming your charges back, you should ask for the interest added to that charge back as well. It works both ways as i see it. A judge, if it did go to court, may award the contractual interest, or say that the interest addition is unfair and award 8% only. As the banks don't want to go to court they just pay up the full amount. With Capital one they paid full contractual interest with very little hassle. You should ask for the contractual compounded rate when you ask for your charges to be returned. 8% is when you file on MCOL if you are not claiming contractual interest. Remember you can't ask for both.

 

Good luck

 

Ukaviator

[mbdiss]

Ok so if I ask for compounded interest at lets say 29.9% I can only ask for the standard 8% if it goes to court and the judge doesn’t award the compounded interest in my favour. have i got that right:confused:

 

So when I write my prelim letter I need to state that I am claiming compounded interest

sorry if i keep going over this i just need to get head round it. im just a bit slow when it comes to the maths part of it.

[ukaviator]

Yes claim it. The amount of interest is what they have charged you in the past. The spreadsheet should work it out for you. Make it clear that the interest you are claiming is at the contractual compounded rate of ? %.

When you file with MCOL you will need to fill out the N1 form,as there is'nt enough space to be able to write in the particulars. You can not claim both the APR and 8%.. It's one or the other. Obviously the contractual is better. If you go for the 8% then that is at the court stage and not before.

 

Uk

[mbdiss]

thanks i think have have it now.

What happens if it goes to court and i told that can't claim the componded interest? has this happen at all?

[ukaviator]

They will settle before a court date. If it does evr get there and a judge is unhappy about contractual, then 8% is what you can ask for. Make sure you put that in the particulars wording.

 

Uk

[mbdiss]

Thanks for being patient with me UK and thinks for all the help. Guess I will have to wait and see what cap one come back with from my SAR request. I’m just trying to think a head on this claim.

[mbdiss]

bit of an up date i now have all my statements and those lovley people at cap one owe me £588 before interest. I still need to work the interest out but i'm going to by using there purchase rate which works out at 18% (1.500% x 12= 18%) i'm being kind to them here as they have charge me as much as 19.5%

 

ok do i have added the interest up and that comes to £836.50 :o

 

so my total claim is £1424.50 and climbing :grin:

[mbdiss]

This is the prelim letter i intend to send.If any one has any opinions on it please say so

 

 

Capital One Services Inc

Trent House

Station Street

Nottingham

NG2 3HX

 

 

Request for repayment of charges

 

 

Dear Sir/Madam,

 

Card/Account Number:

 

 

My request

 

 

I am writing to ask you to refund to me the charges which you levied on my account between April 2001 to December 2002.

I now understand that the regime of fees which you had been applying to my account in relation to exceeding credit limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you had been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

 

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

 

 

I calculate that you have taken £588.00 which you have charged me in unlawful late payment and overlimit fees. I expect full settlement of my claim, the balance of which is £685.00, plus interest (18% at your equivalent rate at the time the card was active) of £836.50; Total owed: £1,424.50. I am enclosing a copy of the schedule of the charges which I am claiming.

 

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 impecuniosity’s caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

My targets to resolve this matter

 

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

[Deller]

This seems fine to me mbd, you'll find that Cap One are quite easy fish to fry......compared to some of the other banks anyway.

I've had an offer on my claim against them for full ammount, although I am still waiting for the cheque to come through my door, nearly a week over what they stated.

Now I know you're going for Cap One too I'll be watching, I'll be interested to see how you get on with the default removal as I have to tackle OH's account next and she's in the same boat as you.

 

Best of luck with this one mate!!

[pmhcfc]

This seems fine to me mbd, you'll find that Cap One are quite easy fish to fry......compared to some of the other banks anyway.

I've had an offer on my claim against them for full ammount, although I am still waiting for the cheque to come through my door, nearly a week over what they stated.

Now I know you're going for Cap One too I'll be watching, I'll be interested to see how you get on with the default removal as I have to tackle OH's account next and she's in the same boat as you.

 

Best of luck with this one mate!!

 

Not trying to hijack here, but I'll be in the same boat soon with CAP1..Only difference being that I had a CCJ against me, is this the same as a default? S'funny that the amount (in charges) that cap1 have on me is also £588 ..weird...still, be nice to get the same interest back as well lol

[mbdiss]

pmhcfc a ccj is the stage after a default. you should start your own thread. you will fine it easier to get th answers you need.