MadMat v Capital One

[MadMat]

Hello everyone

 

I'm just starting on the long road to getting my bank charges refunded, and am just preparing my Subject Access Requests

 

I have a question already, my wife and I both have Capital One accounts that we'd like to persue refunds on, do we need to send a seperate SAR and cheque for each account, or can I send one Joint SAR detailing both accounts?

 

TIA

 

Mat

[MadMat]

WEll my S.A.R.s are all printed and ready to go, although not posting till Tuesday to make sure the cheques don't hit my bank before payday on Friday!

 

I have one query, I notice from reading other threads that Capital One seem to be closing accounts for a lot of claims, has anyone had an account closed that it "in good order" ie under it's credit limit and with payments up to date. As I'd like my past charges back, but I've been using this account for the last year as part of my credit score rehabilitation and so have been carrying a balance on it and making regular payments to get that nice long line of zeros on the report, and would like to keep the account open if at all possible!

 

Mat

[MadMat]

To keep things up to date

 

2 SAR letters sent, one for each mine and my wifes account, confirmed recieved today by The Royal Mail website tracking tool.

 

Time to start counting down the 40 days!

[MadMat]

oops got a bit behind on this, been focusing on my woolwich claim recently!

 

Sent a prelim on 7/11, and today recieved a partial settlement of £88 from my total claim of £220. Just checked online, and they have already put the money in my account!

 

Hope they don't think I'm going to give up that easily!

 

Mat

[ukaviator]

Hi Matt

 

Well at least they have started the process of answering you. Accept as partial payment and inform them that you will be pursuing the rest of your money. Here is a sample letter you could use:

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

Response to settlement offer.

 

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

Good luck

Uk. . .

[MadMat]

Capital one did the partial refund bit to my account before I had a chance to send my LBA - does this sound OK? I had to mess around a little with the template!

 

Dear Mr Udy,

 

ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

 

I am very disappointed in your response to my letter of the 2nd November 2006

I now understand that the regime of 'fees' which you have been applying to my account in relation to late payments, exceeding credit limits 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 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 calculate that you have taken £220, less £88 that you have so far refunded to my account.

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 of the 2nd November 2006, but have revised this schedule to take account of the £8 per charge you have so far refunded to my account

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and interest without further notice.

 

[MadMat]

Quick question guys-

 

Capital one have sent a "final answer" of get lost to my LBA, as they have clearly said in thier letter that it's a final answer do I need to wait for the 14 day deadline on the LBA to expire, or can I just file at MCOL today ?

 

Mat

[MadMat]

bump - can anyone help ???

[MadMat]

A quick question if I may chaps,

 

Last novemeber I started claiming against capital1, I send a SAR, PReliminary request and LBA, at which point I was given a partial refund by cap 1. (the usual reduction of each charge to £12).

I replied to that with a rejection letter. but never followed up with a Small claims court claim as I had a large (genuine, not charges) balance on the card at the time, that I couldn't repay had they closed the account in retaliation, which they had done to a few people at the time.

 

Now, 5 months later, and thanks to successes with other banks I've now cleared that balance, is it too late to claim the rest of my Cap1 charges?

 

Can I wade straight in with a claim as I have done the the SAR, Prelim, LBA stages already?

 

Mat

[Deller]

I would suggest that you issue a second LBA stating that you are continuing with your claim against them, offer them 7 days to respond and make them aware that court proceedings will comence if the matter is not resolved within this timescale.

[ukaviator]

Hi Mad Mat

 

You can still go and get your charges. Did you ever claim Contractual Interest?..

[MadMat]

I don't think I can claim contractual interest, or at least I wouldn't know how to calculate what was due as I cleared the account down to £0 several times during the period when the charges were applied.

 

Mat