CAGisforME - V - Capital One

[CAGisforME]

Hi Everyone,

 

Well, finally I have been spurred in to action.

 

I have begun my fight for my money back with Capital One!

 

I took a credit Card with them in about 2001 and it had a £200 limit. The first month I spent £180 on it and then they added some spurious "first month" charges to it that ensured I was "over limit" on my first ever statement.

 

This continued and evenutally spiralled out of control.

 

I remember with such joy the delightful telephone calls I received from these pleasant individuals and the sorrow I felt when I finally had the funds to part company with them. I paid of f£551 to close the account. (2003)

 

They were sorely missed!

 

So, I decided to re-acquaint myself with them (I'm sure they were missing me as much as I was missing them) and found the telephone number on this site to ring and get my statements.

 

The guy I spoke to obviously went to the same training school as other CrapOne operatives I've encountered and would only send me a "blank" statement to my address. (When I closed my account in 2003 I was living somewhere else). This did, however, avail me of my Account Number, which this helpful little soul had refused to give me over the 'phone.

 

So my SAR went to them at the end of last week.

 

I have a feeling there could be a LOT of charges to reclaim.

 

The helpful soul who I spoke to told me they would only be offering me the difference between £12 and what I'd been charged.

 

You have no idea (actually you probably do) how much it meant to me to be able to say "Oh really? We'll see about that!" before carefully replacing the receiver.

 

[CAGisforME]

Well, my SAR was sent on 26.3.07 and received by Crap One the following day (27th)

 

Not a peep out of these kindly souls yet.

 

Can anyone tell me how long they waited? Do they normally comply with the 40 days?

 

[glav]

Hi CAGisforme,

 

I waited 25 days for my statements from Capital One in February. My hubbie's only arrived yesterday on day 36. Hope you hear from them soon.

 

glav

[CAGisforME]

SAR received by them on 27th March.

 

Now at 19 days.

 

Not a peep.

 

*taps fingers*

[ukaviator]

They will appear soon. . . just remember to keep to your timetable. Your in charge. ..

 

Uk

[CAGisforME]

Thanks UK.

 

Those forty days are ticking by!

[rory32]

Be prepared for Crap One to only send you some of the info you asked for. That's what they did with me (on the 38th day after receipt of SAR). Supplied 8 months worth of transactions instead of the 7 years or so I've had the card.

[CAGisforME]

Hi everyone,

 

Well, the postie was here this morning with my "Special Delivery" parcel from Crap One.

 

Statements only go up to 6 months before the card was closed and then nothing.

 

£389 worth of charges on the statements I DO have.

 

Difference of £149 between what they claim my balance was then and what I paid off to settle the account in full 6 months later. With no explanation.

 

Do I write back and ask for the missing info and remind them how many days they have left?

 

Interesting also that they have made notes with regards to a Default Notice, but not included it in the package and then did something to this Default notice the same day I called them to ask for the details of my account so that I could start to claim my charges back.

 

[rory32]

You most certainly should write back to them and demand (not ask for) the missing inforrmation. You may want to remind them that deliberately failing to supply the info you requested is subject to up to a £5000 fine and imprisonment.

 

With regards to the default you really need to find out exactly what they have done. This is your right under the SAR. So I would seek clarification from Crap1 if they have not supplied all the info with regards to the default. If the default was due to their charges then you want to get the default removed. If the default was inserted in your credit file while the account was in dispute e.g. they were in posession of your SAR you also want to get it removed as they are not allowed to do this.

[CAGisforME]

I have re-checked the Default and find that they set the date to 1.1.1900 in June. I am going to send the following letter today (Recorded) and then deal with the default once I have the information.

 

There is method in my madness. If the "missing" £149 turns out to be charges (which I suspect) this, added to the other charges on my account, adds up to more than they defaulted me for, so I will be aiming to get the charges refunded AND the default removed without trace.

 

Slowly slowly catchy monkey......

 

Here is the letter:

 

Ms Jessica Dubbeld

Capital One Bank (Europe) Plc

Legal Department

4th Floor

Loxley House

Station Street

Nottingham

NG2 3HX

Dear Ms Dubbeld,

 

ACCOUNT NUMBER: XXXX XXXX XXXX XXXX Data Protection Act 1998 Subject Access Request

 

I am in receipt of your letter dated 17th April and it’s contents.

However, I am disappointed to note that the contents are not entirely what I asked for. I requested that you supply me with a complete list of transactions and charges relating to the now closed account (referenced above) with your organisation. Alternatively, a complete set of statements for that period would be acceptable.

I note that the most recently dated statement that you have sent me is dated 28.11.02. and that the balance at this time was £446.08. However, according to my records, and also to the screen shots that you furnished me with, I settled this account with a sum of £ 587.87 on 17.03.03. There is therefore a difference of £141.79 for which I would like an explanation and the supporting documents.

I would remind you that under the Data Protection Act 1998 your Company has an obligation to fulfil my request within 40 days. Given that my request was received by yourselves on 27th March, along with the statutory payment of £10, this allows you until 7th May to comply.

I look forward to receiving a response before the end of the statutory 40 day period.

Yours faithfully,

[CAGisforME]

Grrrrrrrrrrr

 

Have just checked my Credit Report.

 

Capital One "updated" my CR on 1.4.07 (shortly after I sent the CCA) and it's got a lovely big fat flashy red mark against it. Showing the default as £588.

 

Yet strangely the stuff they sent me showed my balance as £446.08 before I settled at £588.

 

Not a peep out of them since I sent the above letter.

 

Any ideas people?

[CAGisforME]

Not a peep since the above letter and now they have gone over the 40 days, so this is what I sent Recorded this morning:

 

I note with disappointment that you have not responded to my letter dated 20th April, a copy of which has been enclosed for ease of reference.

The 40 day deadline for full disclosure under the Data Protection Act 1998 has now passed and I am now in a position to report your Company but I would like to give you a further 7 days to comply and if I have not received the information requested within this timescale I will begin a complaint to the Information Commissioner. I will also begin a County Court action under the Data Protection Act.

At a risk of repetition, but as a point of clarity: “I note that the most recently dated statement that you have sent me is dated 28.11.02. and that the balance at this time was £446.08. However, according to my records, and also to the screen shots that you furnished me with, I settled this account with a sum of £ 587.87 on 17.03.03. There is therefore a difference of £141.79 for which I would like an explanation and the supporting documents.”

I look forward to your immediate response.

Yours sincerely,

 

Hopefully they will come up with some explanation. I am contemplating what to do about the default, but would really appreciate other's thoughts on this.

 

I don't remember receiving a Default Notice.

 

It's not in the bundle they sent when I SAR'd them.

 

It's for an amount that is almost solely related to charges.

 

[CAGisforME]

Can someone help me with this?

 

Not a peep from Crap One about the missing charges/balance.

 

I want to get the default removed from my Credit Report, as it's for £588 and AT LEAST £389 of that is charges + there is a difference of £149 between the closing balance on the statements that they sent me and what I paid to settle the account. I have never received a Default Notice and a copy of one was not included in the bundle they sent me.

 

What do I do now?

 

I'm considering requesting the £389 back, and the Contractual Interest (which should bump this up nicely)

 

and Chasing them seperately for disclosure of what the £149 difference is all about

 

and asking to get the Default removed.

 

They seem determined that this will NOT be simple, hence I'm appealing for some help to guide me to the next step.

 

[rory32]

Report them to the Info Commissioner and fill in your N1 http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[CAGisforME]

Thanks Rory.

 

Should I do this BEFORE trying to get the charges that I CAN prove out of the way? or get the disclosure first and THEN go for the money back when I'm certain what the total is?

 

[rory32]

I would do this before claim back the charges that you can prove. The alternative is to estimate the charges on the account and claim for your estimated amount. But you still want to file the N1 for non compliance as you want info on the default notices.

[CAGisforME]

Very True.

 

Thanks Rory, I've just had a frustrating 20 minutes battling through the call centre, trying to speak to the Legal Department.

 

Have given up and will now file my N1 tomorrow for non-compliance. They have had more than enough time !

[CAGisforME]

I thought that I would cheer myself up by working out how much this lot owe me so far!

 

I cannot believe this, and think I may have done something daft, however, I guess some of these charges are almost 6 years old, so it SORT OF makes sense!!

 

My charges (with compounded contractual interest) come to £2742 (were originally £349).

 

Flipping Heck!

[rory32]

Flipping Heck indeed!!

[CAGisforME]

I will just have to hope I did it right!

 

Think i should be quite glad i left it so long now, as so many of the charges are 5-6 years old!

 

That'll teach them to charge 34.9% interest!

[CAGisforME]

Ok, well here's an update.

 

I have discussed this with OH and we have decided that as the amount is so much with compounded interest we are going to send the Prelim.

 

(also requesting the default to be removed)

 

I have reported them to the Information Commissioner and I have asked again in this letter for the information to be sent with regard to the charges. I've done a spreadsheet with the charges plus interest to send with it.

 

I'd be grateful if someone could have a quick look at the bit I've put in to check I've done it right.

 

I won't put up the whole letter as I know it shouldn't be put up in the open forum:

 

"What I require

I calculate that you have taken £ 431 plus £ 2324.43 in compounded interest to today’s date. Total £2755.43 . 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.

I also await an explanation from yourselves as to the difference between the closing balance (£446.08) and the amount I paid to settle this account (£587.87), which is also the amount you have registered the default for. Thus far your Company has not responded within the 40 days given to disclose this information, despite several requests.

I have now reported your Company to the Information Commissioner for non-disclosure under the Data Protection Act. Please see my letters of 8th and 17th May for further details."

 

I really want to get this away tomorrow, so I'd be grateful for comments asap.

 

Thanks

[doo]

That's a lot of interest on your charge total, what rate are you using? Also make sure you put the rate you are using, so after asking for your charges you could add - In addition, I claim contractual interest at an annual rate of xxxx% (compounded) amounting to £xxxx. Thus, my refund request amounts to £xxxx in total to date.

[jubaxt]

i have £1100 going back to april 2003-my claim with cci on vampiresses sheet calculates to-£3041.72 or not compounded-£2180-these figures really seem high-are the spreadsheets wrong???lol

[rory32]

If the interest rate is relatively high then the interest will often come to a higher value than the charges. What is the interest rate you are using?

[jubaxt]

used 34.9% -i have received list of transactions and charges from crap 1 but can't find any mention of rates!!

my account closed in dec 2005 so i used the classic account rate on their website-i've seen other threads where people have used this rate but don't want to make a hash