Payitallback v Capital One ***WON***

[Payitallback]

Hi there

 

I read somewhere on the forum that Capital One were issuing statements after a phone call so decided to give it a go first thing this morning.

 

I called on the number mentioned on the forum - 0800 952 5150, and was told to call Specialist Support back between 9am-7pm on 0800 952 4914.

 

I called at 9 sharp, and they were very helpful! I explained how I no longer had any record of my account number, but I used to have an account and wanted to obtain a record of the charges I had incurred before the account was closed. The chap I spoke to said he would order my statements and I should receive them within 14 days.

 

He also volunteered unprompted the information that I had 11 late payment and 11 over limit charges.

 

Finally, he told me (again umprompted) that if I wanted to claim them back (which I hadn't mentioned) that the address i needed was:

 

EXECUTIVE OFFICE

ERC DEPT.

CAPITAL ONE BANK

PO BOX 5281

NOTTINGHAM

NG2 3HX

 

Hopefully they will arrive as promised and I intend to write asking for all charges back plus compound contractual interest, and, crucially, the removal of my £185 default from my credit file, as my charges (22 of 'em) must exceed the default amount and must therefore be unlawful.

 

After this comes Lloydstsb, I went through my statements and they've charged me more than £1,000 on my current account, and that's just going back to Nov '03.

 

My inspiration: Smel v C1 !!!

[ukaviator]

That's a good start. Looks like you know what you are doing so far. Keep us posted on your progress.

 

Good luck

 

Ukaviator

[Payitallback]

Thanks ukaviator, I'm sure I'll be needing some support along the way.

 

In fact, there's a couple of things I'm wondering right now:

 

1. I'll be writing to Lloydstsb requesting a schedule of charges relating to two loan accounts and my current account. I also have a Llydstsb credit card (well, I used to have a card - now I just have a Lloydstsb credit card debt!).

Does anyone know if I can request all of this information with one letter and one £10 fee, or two letters (one for loans and current accounts & one for credit card), or three letters (loans/current account/credit card)?

 

2. Can anyone post a link to the most up to date spreadsheet to calculate the CCI for credit card charges.

 

Thanks

[ukaviator]

Hi

 

It is one fee of £10 for all the data they hold on all accounts you have with them. Not £10 per account as they may try. You will get a big parcel by the looks of it.

 

There are some links below to everything you need.

 

Good luck

 

Uk

[Payitallback]

Okey dokey, I have to say that Capital One are very efficient. exactly 2 weeks after my phone call all the statements have arrived, no SAR letter required, no ten pound fee...

 

Now to get my head around the spreadsheets...

[Payitallback]

Right, I've been through the statements, there's £460 in penalty charges, I just can't get my head round the contractual interest issue, so i've drafted a prelim letter claiming the flat fees AND REMOVAL OF MY DEFAULT! Even if they offer me £8 per charge that still comes to £184, and they defaulted me for a paltry £185.59...

[jaxads]

Hi - Goodluck with Capital One. I sent of my prelim asking for £460 a short while ago. I've not received anything yet, but LBA will be sent soon if I don't!!!!!

 

Best wishes.

[Trucker]

I called on the number mentioned on the forum - 0800 952 5150, and was told to call Specialist Support back between 9am-7pm on 0800 952 4914.

 

I called at 9 sharp, and they were very helpful! I explained how I no longer had any record of my account number, but I used to have an account and wanted to obtain a record of the charges I had incurred before the account was closed. The chap I spoke to said he would order my statements and I should receive them within 14 days.

 

He also volunteered unprompted the information that I had 11 late payment and 11 over limit charges.

 

Finally, he told me (again umprompted) that if I wanted to claim them back (which I hadn't mentioned) that the address i needed was:

 

EXECUTIVE OFFICE

ERC DEPT.

CAPITAL ONE BANK

PO BOX 5281

NOTTINGHAM

NG2 3HX

 

 

Think i will give that route a go

[Trucker]

Call made. Was told i need to write sending SAR... and they would only refund in line with OFT guidelines

 

Though was told i had 22 over limit charges and 10 late payment charges... so could send prelim letter with estimated charges i suppose

[ukaviator]

Hi Trucker..

 

Get your information correctly. If you make a mistake estimating they will throw your claim out. Also you need the charge dates and days passed for your spreadsheets.

 

Also claim back Contractual Interest on each charge. Well worth looking into that.

 

Uk

[Payitallback]

Capital One actually cancelled my account in Dec 2005 due to them claiming that my address had not been verified.

 

This was in spite of them happily claiming penalty fees on my account at this address for nine months.

 

I don't recall receiving a default notice, but if I did, it would also have been sent to my current, unverified address.

 

How does that sit with the CCA rules?

 

Do I have another angle at which I can attack the default?

[Payitallback]

I opted to keep things simple for the prelim, and sent the standard letter:

 

 

Executive Office

ERC Dept.

Capital One Bank

PO Box 5281

NOTTINGHAM

NG2 3HX

 

18th March 2007

 

Request for repayment of charges

 

Dear Sir/Madam

 

ACCOUNT NUMBER: XXXX

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account since January 2004.

I now understand that the regime of fees which you have been applying to my account in relation to overlimit fees, late payments 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 have 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 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 £460.00 in penalty fees between 1/1/04 and 30/12/05.

I enclose a schedule of the charges which I am claiming with this letter

 

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 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.

 

 

Yours faithfully

 

 

 

 

Payitallback

[Trucker]

Hi Trucker..

 

Get your information correctly. If you make a mistake estimating they will throw your claim out. Also you need the charge dates and days passed for your spreadsheets.

 

Also claim back Contractual Interest on each charge. Well worth looking into that.

 

Uk

Yes you are quite right. I was just thinking aloud. I have just started a claim with barclays using 8% method as contractual would take me way over 5k limit but am determined to go for contractual with the crap 1 leeches. Will prepare my SAR over next couple of days and take it from there.

Cheers

 

p.s. sorry to hi jack thread.. will start my own one when SAR sent

[Payitallback]

10 days after writing to Cap 1, I've got a letter from Robert Udy, they're sending me a cheque for £184 (reducing my charges to £12) as 'a matter of goodwill'!!!!

 

Result

 

No mention of the default I need removing, but surely refunding £184 at this stage (my default was only for a measly £185) can only strengthen my case!

 

As it's only a partial payment I can now write an LBA, combined with a request for CCA and default details, combined with an acceptance of his cheque as partial settlement!

 

My goodness, I am empowered.. It works..!

 

Can I add CCI on at this point, or have I missed my chance?

[Payitallback]

Capital One have been spelling the town where I live with a D instead of a T! How can they possibly maintain they delivered the default notice if they can't get my address correct?

[doo]

Payitallback, my advice to you is not to accept the cheque, you need to keep your claim intact for default removal, tear it in half or strike it out and send it back with rejection letter - it is harder to get default removed on it's own, have a look at Tanz's thread in this forum. As for CCI you would usually start asking for this in your prelim, not too late just work your figures and resend prelim, when you look at the figures you will see it is worth it.

[Payitallback]

Hi Doo, thanks for the input.

 

I'm claiming £460 charges and they are only sending a cheque for £184.

 

I was going to accept this as part payment and issue a claim for the remaining £276 + interest plus default.

 

Is this not viable

[doo]

From what I have read it seems it is best to keep your claim intact, you must not separate the issues - they are linked and to get default removed on it's own is v.difficult, I know they are offering you part and if you accept it will be as part payment but at this early stage I would stand firm. I was lucky enough to get my default removed before filing court action which I did yesterday but I have rejected every offer. I think it will weaken your case but its only my personal opinion, please read lots and especially Tanzarelli v cap one, all you need is here to see how you can succeed in reclaiming charges and default removal.

[doo]

Another thought if you really are thinking of claiming CCI you will want to do it for the full amount owing, I would do your spreadsheet this weekend and re-send preliminary letter but if you are happy with claiming 8% statutory then just continue what you are doing now.

[Payitallback]

Well I received a cheque for £184 today, and I'm afraid I've banked it! I just can't see logically why it prevents me from pursuing my claim for the rest of my charges & removal of the default - they still owe me £276 after all.

 

I've drafted a LBA as follows:

 

Robert Udy

Executive Office

ERC Dept.

Capital One Bank

PO Box 5281

NOTTINGHAM

NG2 3HX

 

5th April 2007

LETTER BEFORE ACTION

Dear Mr Udy

 

ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

 

Thank you for your letter of 26th March 2007. I am prepared to accept your goodwill gesture of £184 as part payment only of my claim as outlined in my letter to you of 18th March 2007.

As explained in my earlier letter, I now understand that the regime of 'fees' which you have been applying to my account in relation to overlimit fees, late payments and so forth are unlawful at Common Law, Statute and recent consumer regulations.

 

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 calculate that you have taken £460 in penalty fees between 1/1/04 and 31/12/05. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter.

You have made part payment of £184, leaving a balance of £276 still outstanding.

 

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 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.

I require repayment in full of the outstanding £276 and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs without further notice.

 

Yours Sincerely

 

 

Payitallback

[doo]

Keep the £276 owing so you can include default in with this claim, if you issue court proceedings for default only and there is no monetary value to the claim I think it can cost you £150 in court fees. The thing is it is definately easier to get default removed when it is linked to charges, cap one do not want to disclose their charges in court so in all likelihood they will want to settle before a court date, they will say they will defend but as far as I know always settle before - so by refusing all monetary settlements you are keeping the upper hand as hopefully they will remove default because they do not want to go to court and disclose charges. Hope this makes sense.

[Payitallback]

Assuming that in 14 days I have to file a claim with MCOL for the remaining £276, how should I deal with the statutory interest now that I've had part payment from Capital One?

 

Should I add statutory interest to the whole amount as if I had never received a payment, and then just deduct the part payment?

 

In other words, can I charge them statutory interest on what they've already paid? At least up to the day I was paid? It sounds a bit dodgy to me??? Any ideas???

[doo]

I am not an expert on this but the way I see it is we are only able to claim the 8% statutory on the amount put on the claim form so I do not see that you can possibly claim on the £184, I think that it is accepted as £184 with no added interest. You will have to deduct £184 off your total charge amount, obviously if you take it off the oldest charges the interest will not be as much - I do not know of any quick way to do this but maybe someone else will. Just deduct charges off until you reach this amount I guess, sorry I can't be of more help, keep bumping up your thread and hopefully someone with more logic than me can be of help.

[Payitallback]

I think I've figured it out. I will do a spreadsheet totalling the entire £460 reclaimed charges, all with 8% interest.

 

I will then deduct the £184 part payment.

 

Then I will multiply the total interest by 184/460 to pro rata the interest, and deduct the resulting figure.

 

I think this is the only way to fairly calculate the interest.

 

Does this make sense???????????????????????????????????????????:-?

[Payitallback]

Now that leaves me with the problem of calculating the daily rate. My head hurts...!