Defaulted Credit Card.. Can I Still Claim?

[Aaron_H]

Hi,

After some money problems & Various arrangements/managements with Cap One, the Card Finally Defaulted around November..

 

Now, what Happened was about a year ago I got a new Job & asked to change my payment date.. from there everything went to pot.. No statements some months, 2 arriving the same time another, etc. - I hit rock bottom a year ago & money was tight.. so I was paying what I could afford. At the time, minimum amount was £70, I could only afford £50 at best.. Then they would add on £15 Late Payment & £15 for non Payment - both linked to that I didnt pay the full amount.. Obviously I dug my heals in & the Card Defaulted.. All because of these unfair Charges. They even resorted to calling & pretending they knew me & asking for me by 1st name (like an old friend) & also pretending to be someone else... Somthing I KNOW is Illegal.

 

I then agreed with their debt recovery company to pay £950 out of the £1200 that everything amounted to.... (I only owed £700 before the hasssle happened)

 

So, Can I still Claim???

[Guest Lueeze]

Yes! Please read that FAQ"s as you sound like you need to!

 

Good Luck

 

Louise

[Aaron_H]

Thanks again for the reply. I have been reading through the faq

Sometimes a straight Yes is quicker to keep my head straight

[Guest Lueeze]

We understand, but due to the sheer volume of questions (that are answerable on the forum) its very hard work for us to keep repeating ourselves.

 

Hope you get those charges back!

 

Lou xx

[Philip Hindley]

Hi,

After some money problems & Various arrangements/managements with Cap One, the Card Finally Defaulted around November..

 

 

So, Can I still Claim???

 

Lueeze is right, check the FAQ's, but my case was similar to yours, so feel free to have a look because it may help, http://www.consumeractiongroup.co.uk/forum/showthread.php?t=2564

 

I've been offered a full refund, and so should you!

 

Go for it!!!

[Aaron_H]

Thanks a Lot.. Im getting on the case NOW!!!!

[Aaron_H]

Got all my statements through this morning

 

Just been working it all out & comes out at around £1000 :o

 

I was wondering about Interest on all these charges? Do I charge a round figure, or do I manually sit down & work it all out from the date to charges got added to the date they dropped off?

 

My Card defaulted after I changed my Payment Date... I wasnt getting statements, or I was getting them on or after the due date - which is no good as it takes 7 days to clear!!!!! Anyway I refused to Pay (owing less than £600 at the time) & I defaulted for about £1300 - Settled at around £950 & now Im claiming back my charges.. I just wondering if theres any more I can take them for after all the stress & hassle they caused. Once they have settled, Im going to File a S.10 DPA Notice to get my default removed

 

MODERATED please keep to your original thread when updating

[Janet-M]

Sorry to say it again but you must read the FAQ's .The questions you are asking have been answered many times already .We do not say this to be awkward but it is very important,for you ,that you fully understand what you are undertaking.I advise spending a few days reading around the forum .If you have any questions then you can use the search facility , on top bar, where you will find the answer to any questions.If after searching you still have a question then you can post it in this thread.

 

please keep us posted on your progress.

[Aaron_H]

Hi, I have read the faq & it say 8%, but it seems more geared towards banks than credit cards. I assume its Identical then? I am also not sure how its 8%? does it change monthly/annualy? is it set by the Bank of England Base Rate?, etc.

[Don Quioxte]

The whole concept behind this site was based on Credit Card fees - as was the initial report by the OFT... the legislation that allows us to recover these charges and prove them as unfair and unlawful is the based on the same principles and precedents for banks and credit cards..

[Aaron_H]

Hi, Im not sure what the next step is.

Ive received an Offer of £361.

 

Usuall letter & the last Paragraph says :-

 

However, as a matter of goodwill, I'd like to offer a refund of £361, which is the difference between the £20 we've charged and the £12 the OFT have suggested. If you'd like to accept my offer, please sign and return the form I've included.

 

Im sure I am still entitled to a full refund, but not sure what my next course of action is.

Ive found this letter from the guide :-

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-letter-before-action-consumer.html

 

I will have to modify it slightly as its for a Credit Card & not a bank..

Just looking for confirmation this is the next step.

[Aaron_H]

anyone?

Not sure if I should accept & call it that, or go for the full amount

[sportbeth]

Go for the full amount - they're trying it on with everyone with the £12 thing

[Aaron_H]

Cheers. Thats what I'll do then

[Aaron_H]

Can I get a little more advice please?

 

I refused what they offered as suggested & wrote back saying so...

My Royal Mail Receipt shows this was signed for on delivery & Received.

I received a phonecall around 15th July, but wasnt around to take it & heard nothing since after that... That was Several weeks ago, so I shot off another letter towards the end of july saying I wasnt around, etc. & reminding them about my claim. I misslaid my Royal Mail "Signed for.." Receipt & didnt get a reply from Capital One either. So, I Sent off another Letter nearly 2 weeks ago with another polite reminder & sending copies of all previous correspondence & still not heard a thing.

 

Think its time for court? or should I give them a Call?

[Philip Hindley]

Hi Aaron,

 

Have you done the spreadsheet?

 

Have you sent the Letter Before Action?

 

If you have, then you have set them a clear deadline to make a refund in full, and could, quite legitimately begin your claim through the court. The advantage to this is that you will show them you are serious, plus you will be able to claim 8% interest on all your charges, from the date they were incurred.

 

On the other hand, Cap 1 do seem anxious to settle before court, so a telephone call to the person who made the partial offer may speed things up.

 

Be firm and polite, thank them for their offer, but explain that, unless they are prepared to refund all the charges, in full, plus interest levied on those charges, you are quite prepared to issue a claim through the court.

 

Make sure they understand that you are not prepared to compromise.

 

The law is on your side (for once!).

 

Good luck

[Aaron_H]

Hi Aaron,

 

Have you done the spreadsheet?

 

Have you sent the Letter Before Action?

 

If you have, then you have set them a clear deadline to make a refund in full, and could, quite legitimately begin your claim through the court. The advantage to this is that you will show them you are serious, plus you will be able to claim 8% interest on all your charges, from the date they were incurred.

 

On the other hand, Cap 1 do seem anxious to settle before court, so a telephone call to the person who made the partial offer may speed things up.

 

Be firm and polite, thank them for their offer, but explain that, unless they are prepared to refund all the charges, in full, plus interest levied on those charges, you are quite prepared to issue a claim through the court.

 

Make sure they understand that you are not prepared to compromise.

 

The law is on your side (for once!).

 

Good luck

 

Hi, thanks for you reply. Yes I have done the spreadsheet & Sent Cap1 a copy... including an estimate for interest. I have also sent them a clear deadline date, including my final notice for action twice (after I couldnt prove the 1st one was delivered).

 

I called them yesterday & they did say they arent going to budge. They are not prepared to remove the default notice - which was basically caused by their charges (owed £550 - lost my job & it defaulted on £1200!) - It was all charges & interest. Even when I tried to make a token payment, I got with £20 or £40 in charges (late payment/non-payment/under payment combination).

I guess a trip to Court it is then

[elizabeth1]

Aaron,

Goodluck with this I have a similar case with my Cap One card - they ripped me so bad I couldn't afford to pay their extortionate rates!! I will do the SAR letter and make a start on this one and watch your progress with interest!!

 

I sure hope you win this company - won't listen to reasoning will they?? I reckon I shall sink my teeth into these people next as they so ripped me off!!

[pugsley]

goodluck with that, keep a record in your diary of when you sent letters and create a file with copies of each letter, they have refused to remove my default even though I was defaulted after putting in a claim, I will be taking them to court! I would avoid telephone calls unless you are recording them though.

[elizabeth1]

Aaron - how did you get on?? Did you file MCOL and do the court thing? Did you get your money back and default removed etc..

 

Curious my case is similar to yours I was defaulted with loads of charges etc.. by Capital one - want to try get the default removed etc.. Just wondered how you did etc.. Can you post how you got on as I am sure I am not the only curious person here.

 

Thanks - I do hope you won!!

[Aaron_H]

Aaron - how did you get on?? Did you file MCOL and do the court thing? Did you get your money back and default removed etc..

 

Curious my case is similar to yours I was defaulted with loads of charges etc.. by Capital one - want to try get the default removed etc.. Just wondered how you did etc.. Can you post how you got on as I am sure I am not the only curious person here.

 

Thanks - I do hope you won!!

Hi,

Im going to court. They havent responded to my last 2 letters I sent in August.

Everthing is filled in on Moneyclaim website, just need to stump up the £120. Been an expensive 2months as I'm in the process of buying a new house. Should be paying it this month though

 

Really hate the way Capital One business model is to go after those with poor credit ratings. My Interest Rate jumped over 10% during the 5yrs I had the card. Could really do with a payout.

[pugsley]

mine is still ongoing, I'm going for the money first to clera any outstanding amount then going for the removal of default, although I might ask again by phone,for it to be removed at settlement stage as they get jittery then.

 

It costs £150 to take them to court to get the default removed but you can go for charges and default removal on the N1 claim form at the same time.

 

personally I just wanted to get the ball rolling quick and found the £50 mcol fee more appropriate whilst I'm stretched for cash.

 

If I do not get the default removed now I will pay off any monies owing and then go for it using surly's approach in the legalities section at the bottom of the forum. Dayglo has had great success in this area too, but these are on settled defaulted accounts.

[elizabeth1]

Aaron & Pugsley - thanks for that - glad you both still intend to get even with this bank (horrible company - who don't care about their customers at all) I have been promised my Data by Tuesday - but don't feel I can trust this promise from them at all. So I shall prepare complaint to ICO and papers ready to file with court on Tuesday morning - I intend to get even with Abbey one way or the other!! I have seen enough of their messing about with peoples lives to last me a lifetime and then some!!

[Aaron_H]

Just a small update.

 

Finally had £120 spare to be able to afford to pay the court fee.

So thats been submitted online this evening. 10fingers & 10 toes crossed

[elizabeth1]

Aaron Goodluck with it all - I sure hope you win!!

 

I did my Cap One Prelim stuff yesterday - there were enough charges to clear the balance & Default - so hopefully they'll do it the default will be removed - shall be interesting to see if it happens?