"Tish vs Cap One" ***WON***

[adamc6671]

Been taking on Cap One for a little time now (on behalf of my partner), so figured it's about time I started a thread so (hopefully) others can benefit from it in time.

 

Took the full 40 days after SAR to get statements, but they interestingly sent with them an 'Interventions' print out which I didn't actually ask for. This showed that all but 3 of the 50 or so charges they'd levied were 'system generated' as opposed to having an operators name by them. I assume that means they were totally automated with no manual intervention. I therefore put the following calculation in my prelim letter -

 

 

" . . . .I note from the ‘Intervention’ printouts that you have kindly supplied me with that all of these charges, with the exception of the 3 ‘Returned Cheque’ amounts, were ‘system generated’ fees, which therefore required no manual intervention. Therefore all you would be lawfully entitled to charge me for would be a few seconds (at most) of computer time. This could be fairly charged at £120 per HOUR, which rate includes hardware, software, setup, and operating costs. This demonstrates that a ‘fair’ charge for each of my defaults would be no more than 20 pence. If you dispute this calculation, please either supply me with the previously requested full breakdown of your costs incurred in managing the defaults upon my account, or pay me the full amount I am claiming. . . . ."

 

Will be interesting to read their reply! I also included a 'month by month' analysis schedule showing what was spent, what was paid in, and what they'd charged. This proved, beyond doubt I would think, that their charges ammounted to almost TWICE what was actually spent on the card, and that they had been compounding charges upon charges - little less than a licence to print money on their part!

 

Just spurs me on (as CAG does) to get every last penny I can out of them! My claim is around £1,500 at this stage, but will be over 2 grand by the time Court claim is issued, which will include Stat interest, Court fees, and my time.

 

Will update the thread as things progress.

[adamc6671]

Hi All - derisory offer of less than 1/3 of claim, together with form to sign certifying this to be 'closure of my complaint', recieved from 'Mr Robert Udy' last week!!!!!!! We've declined this, and as the prelim letter has now expired we've issued LBA as part of that letter. Will keep you posted with further developments!

[adamc6671]

Hi again - repeated offer today of less than 1/3 of claim. Standard stuff - our final offer, we want to save Court's valuable time (!!!!!!!!!!!!) , etc etc. Signed by Ellie Renshaw - Executive Office Manager - not heard of her before!

 

LBA expired 2 days ago, so Court here we come! N1 all ready to submit. Will let you know what transpires. Adam.

[Paintball]

Maybe Robert Udy has had enough; Executive Office Manager was his title!!

 

Get that N1 sent in and join the gang waiting to get their money back

[adamc6671]

Thanks Paintball. Our previous letter was signed by RU - 'haps he's retired on what he's saved Cap1, or there again, 'haps NOT!!!!!!!

 

N1 will go in next week - prob Tues.

[adamc6671]

Hi All - update time.

 

Filed NI at Court today, after repeated attempts by C1 to settle for about 1/3 of claim!

 

Will have to see now how Cap 1 react to the 'Lloyds victory' etc etc. Be interesting to find out!

 

All the best - Adam.

[adamc6671]

Hi All

 

Guess what - just got back from 20-20 Cricket match to find that

 

WE WON!!!!!!!!!!!! :)

 

They are refunding FULL ammount of claim (including charges, purchase interest, stat 8% interest & Court fees) PLUS about £75 in recent payments made to the a/c. They've settled this a full 10 days BEFORE they had to file their defence as well. Total is just over 2 grand!!!!!!!!

 

I must admit that, although the charges should never have been levied in the first place, Cap 1 have made it VERY easy to get them back - 2 letters, N1 claim form, and a couple of phone calls, over about 4 months in total, is all it took. No need for AQ, bundle etc etc. and very little time wasting, personalised letters, and pleasant phone calls. Why, oh why, can't Abbey, Lloyds, and the rest do it this way - they know they will almost certainly loose in the end!

 

Oh well, back to our Abbey & Lloyds claims now!!!!!!!!!!!!

 

All the very best - Adam

 

(ps - donation will follow as soon as funds have cleared - promised within 2 weeks by Cap 1)

[ukaviator]

Well done congratulations . .

 

UK

[adamc6671]

Thanks UK. Any chance you can add ***WON** to our thread title please?

 

many thanks - Adam

[adamc6671]

Hi All

 

Cap 1's cheque for full settlement recieved yesterday (Sat 30th) - just got to wait for it to clear now!

 

All the best - Adam.

[adamc6671]

Hi all

 

Final chapter - cheque for full settlement has now cleared. Many thanks to CAG & all who have helped. Cap 1 really have made this very easy - just wish Abbey, Lloyds etc could do the same!!!!!!!!!!

 

Will now complete the survey & make donation, and then off to concentrate on Abbey & Lloyds claims!

 

All the very best - Adam

[ukaviator]

Thanks Adam. . good luck with the others . .

 

Uk