Loki187 V's Capital 1 - for charges

[loki187]

:pWell hello there all, I've just recived a letter today from Capital one stating that they are serving a Default Notice on me, so after the day I have had today (lost the sale of my house) I'm getting straight on it, telephoned Capital one and said that I have PFA acting for me and he's asked me to request all copies of my statments from when I opened the account with them. I asked if there were any adminerstration costs he said there apparently free of charge!!!!

 

So here goes.....

 

I also have a RBOS claim on going too at the moment, can any one advise that once (if) I recive the statment I just go about it the same way as claiming back my bank charges, do I need to use a different letter, spreadsheet ect?

 

Any help regarding this will be great folks!!!

 

I keep on getting telephone calls from the company, whom I advised that I am now dealing with this via letter format because of the charges, she said that there fees were fair and not ludicroius !!!!! - what planet are they on???

 

will keep you all posted on the progress

[chorlton1]

The prelim/LBA letters are basically the same except that for a credit card you are claiming back late payment/over limit fees etc and for the bank its exceeding your o/d, unauthorised o/d, bounced ddebits etc. Have a really good read of the FAQ's and also post in the RBOS forum so people dealing with them can help you if you need it.

[loki187]

Juat a quick update all, I wasn't too sure that by just asking for my statements that they would provide them but........... they have gone out on a limb and I recived "some" in the post this morning! *I did say that I had a PFA acting for me and he had suggested I phoned up and ask for copies! This may not always work! It did save me £10 though, better in my pocket!

 

I opened my account on 25/02/2005 and they have sent me some backdated statments. I have looked through what paper work that I have kept and putting them together I am just missing three months worth, which will hopfully arrive in the next cople of days!! Then I can put together my first letter. Oh what happy days....might be a few days until I do this though as I am just in the process of selling my house.

 

I would also like some advise on this if anyone can give it please

 

I recived a letter dated 9th January something like this -

 

Credit Account Ref ******

 

please pay £ 340.85 now.

 

Notice of Deafalt served under section 87 (1) of the Consumer credit Act 1974.

 

You have breached your Capital one credit Card Agreement by going over your credit limt only from your charges!!!as described in clause 4 of the agreement. You must pay the amount that you have gone over your credit limit by, shown above, within 23 days of the date of this letter.

 

IF THE ACTION REQUIRED BY THIS NOTICEIS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPENT OF THE BRANCH.

 

It then goes on, blah blah.....

 

now if I am to send out my pelimary letter will this stop all further action or not??

 

My balance as of 05/01/2007 is 540.85.....only had a credit limit of 200.00!!! I know its not as much as other peoples claims, but it all adds up.

 

obviously since I am buying a house don't reall want this to happen.

 

i know I said this was a quick update, but kept ya busy for five mins hey

 

Thanks in advance for any help

 

 

[loki187]

Oh and I have read up on Tanzarelli's claim, very interesting and good luck on getting your default removed, hope mine doesn't get to that stage though, but very helpfull....if your around your words of wisdom, (or anyone else who added to that thread) are very much appreciated

 

Loki

[loki187]

Anyone got any advise for me please???

 

your help would be much apreciated.

[TANZARELLI]

Oh and I have read up on Tanzarelli's claim, very interesting and good luck on getting your default removed, hope mine doesn't get to that stage though, but very helpfull....if your around your words of wisdom, (or anyone else who added to that thread) are very much appreciated

 

Loki

 

Hi Loki187,

 

You need to formally write to them stateing that your account is in dispute. This means that they cant pass on you info to a DCA or default you (I beleive). Then send your prelim when you get your statements through. Do this in writing though as you have a record of this if they do anything silly.

 

HTH

[loki187]

Hi Loki187,

 

You need to formally write to them stateing that your account is in dispute. This means that they cant pass on you info to a DCA or default you (I beleive). Then send your prelim when you get your statements through. Do this in writing though as you have a record of this if they do anything silly.

 

HTH

 

Thanks Tanz, will draft up a letter to crapital one today and hopfully this will stop things. I'll also send it special recorded delivery, then they can't worm out of never receiving it!

 

thanks again!!

[TANZARELLI]

http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html

 

Have a look in my thread there is one I used near the start if i remember rightly. Just adapt to suit.

[loki187]

To: The Data Controller

Capital One Bank plc

PO Box 5282

Nottingham

NG23FB

 

 

 

 

Data Subject:

 

Address: My Address

 

Whereas I have been a customer of Capital One Bank plc and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

 

Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful.

 

Signed

 

I this the one Tanz??

 

I haven't had a letter yet saying that they HAVE put a default against my name, so lets hope this stops things.

 

I have letters coming out of my ears , just recevied all paper work regarding the sale of the house today so got all that to go through

 

I'm also going to give crapital one a call today and ask were my other statments are!

 

Thanks again Tanx, your a good one

[TANZARELLI]

You prob could send this one but its prob best tostate first that:

 

 

 

NOTICE OF DISPUTE

 

Re Account No. **** **** **** ****

5th October 2006

 

Dear Alex Mathews,

 

Thank you for your letter dated 27th September 2006, in which you enclosed copies of my statements from Capital One from 8th March 2003 - 20th September 2006.

 

In your letter you made reference to a balance, which you say is outstanding for £738.22.

 

I am currently in dispute with Capital One Bank, as I believe they have unlawfully levied penalty charges to my account during the period mentioned above. The amount that I have requested the refund to me is £820.00. (Even though I'm sure you already know this) I have given them 14 days to refund this amount to my account and if they don't then I will be filing a claim through the County Courts.

 

In addition to this I have asked them to remove the default notice they have entered against my credit record.

 

I am enclosing a copy of the letter which I sent to Capital One for your information.

 

I am happy to discuss this with you further but would suggest that you contact them in relation to this matter, as it was they who sold the account to yourselves.

 

Yours faithfully,

 

Obviously adapt it to suit.

 

HTH

[TANZARELLI]

thanks for the click.

[loki187]

Tanz, I know I am prob being a little simple but, since I haven't sent any kind of letter to them yet, as I have not got all my statments(so can't total up the charges), and the default letter was from crapital one, should I still send the above letter to crapital one, as to date I suppose the account isnt in dispute untill I send of my pelimary letter???

 

I think all these letters are begining to drown me

 

HELP!!!

[loki187]

Just been on the telephone now to crapital one, I requested the statments that I needed, I also asked if they had put the default on my account and they said that they are going to be putting it on, on the 1st Feb!!!!.

 

I advised him that I was disputing the account and to make a note on the system, I also advised him that I am going to send out a letter stating that I dispute the account and I want no further action taken on my account, he said this will not stop the default going on my acount!!! But if the dispute was in my favour they could have it taken off???

 

Which letter do I send out??? I really need to get this sent out as soon as possible.

[TANZARELLI]

Just send this first, do it today as you need them to have it by tomorrow:

 

 

 

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 are proposing to issue me with a Default Notice on this account - 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 default 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

Get it off today

[loki187]

Many, Many Thanks, Do I send it to

 

Crapital One Bank (Europe) plc,

PO BOX 5282,

Nottingham

NG2 3FB

 

 

This is the address on the top of my default letter.

[loki187]

Many, Many Thanks, Do I send it to

 

Crapital One Bank (Europe) plc,

PO BOX 5282,

Nottingham

NG2 3FB

 

 

This is the address on the top of my default letter.

 

I'm going insane!!! Forget I said that! Typing letter as we speak! then going to e-mail it to hubby at work who will send it out special delivery! They can't say that haven't had it then.

 

Thanx you have been a gem, and for spending time on this for me, are you getting the letters from the libary???

[loki187]

Ok this is whats going to crapital one today -

 

 

My Address

 

Capital One Bank (Europe) plc,

PO BoX 5282,

Nottingham,

NG2 3FB

 

30th January 2007

 

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 are proposing to issue me with a Default Notice on this account - 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 default 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

 

 

Miss M Burton

 

Ohhh it feels good sending them letters for a change

[loki187]

Thanks for keeping an eye om me Tanz:p

[TANZARELLI]

No problem. I would say that if they now put the default on you could make them request it is removed.

 

Hope it helps

 

Tanz

[loki187]

Well let's just hope that they don't put it on I'm in the crucial part of getting my mortgae. Lets just say that the way i'm feeling at the moment,(i'm off with this horrid cold,flu thing) if they even dare!!! put it on, I'm going to throw the book (with everyones help from here of course:p)at them!!!

 

Once again Tanz thanks.....I'm of to make a lemsip:oops:

[TANZARELLI]

Put your feet up and forget about the banks for half hour, only half hour though theres work to be done. lol

[loki187]

Ok I'll do that thanks tanz . Now got to think about what I want to watch new CSI or five days???

 

Any advise, or maybe I should start another thread, just kidding. Right really am going to sit down now. Reading all these threads is making me see double, see double

[TANZARELLI]

CSI always a good bet.

[loki187]

Well, i'm too impatiant, so while I'm waiting for the other statments to come, i'm starting to tally up the cost for my claim.

 

Quick question, I've got purchase interest on most of my statments, can you claim this back, think I saw this somewere else on a thread or am I just getting confuddled???

 

Help anyone please:???:

[TANZARELLI]

Well, i'm too impatiant, so while I'm waiting for the other statments to come, i'm starting to tally up the cost for my claim.

 

Quick question, I've got purchase interest on most of my statments, can you claim this back, think I saw this somewere else on a thread or am I just getting confuddled???

 

Help anyone please:???:

 

Only interest on charges not purchases.