voyager9 vs capital one ** Partial Win **

[voyager9]

sars sent 28th mar received 29th mar now the wait lol

[doo]

Get your highlighters ready, in the meantime have a good read on this forum. Good luck.

[KM_S]

Voyager9 seems we are on the same timescale although it took Cap1 37 days to send my statements. I sent off my prelim letter on the 29th so I will follow this thread. I am claiming £1480 charges and I plan to add compounded contractual interest @ 2.08% per month so the interest will be £1885.55. Hopefully all goes well

[voyager9]

have done doo

 

kms i think you misunderstood they received sar on 29th i am stll waiting for statements yet so you are beyond me so if you post a link to your thread i will follow you lol:D

[KM_S]

oK i am happy to let you follow me, I am a complete novice I have a thread KM_S v Capitol one, also capital one interest charges. I now know how all nebies feel I am so worried that I might bugga things up for everyone

[voyager9]

Hi everyone

 

well received a printout of charges today am going to claim compounded contractual interest which more than doubles my claim !!

 

here is the prelim i will send if anyone can cast there eyes over it

i would appreciate it

 

thanks voyager

 

 

CAPITAL ONE BANK

LEGAL DEPARTMENT

4TH FLOOR

LOXLEY HOUSE

STATION STREET

NOTTINGHAM

NG2 3HX

 

 

 

REQUEST FOR REPAYMENT

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: #################

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, 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.

 

My statements show that you have taken £### in unlawful penalty charges (late payment and over limit fees) plus £### which you have charged me in compounded contractual interest (compounded daily)at 21.94% for the sum which you have taken. The total is £#### which you have taken from me over the period of September 2002 to April 2007. For your reference, I have attached a detailed schedule of these charges.

 

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 all information you are processing about this account including but not restricted to 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 this money in the form of a cheque made payable to myself and removal of all information you are processing about this account including but not restricted the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Please note that a standard templated letter in any form of stalling tactic will not satisfy me and will take such a letter as a negative response and continue with my claim also please be aware I will be following my own timetable not any limits set by yourselves.

 

Yours faithfully,

[voyager9]

anyone?

[doo]

In the para on your charges this is what I put:

 

My statements show that you have taken xxx in unlawful penalty charges (late payment and overlimit fees) from me over the period of the past six years (date to date). In addition I claim contractual interest at an annual rate of xxx% (compounded daily) on the above charges amounting to xxx. Thus, my refund request amount to £xxxx in total.

[voyager9]

thanks doo will amend it yours sounds better

 

voyager

[doo]

why thank you kindly, but I just pinched it off somebody else lol

[voyager9]

rofl well thats what this site is for to help each other

 

voyager

[voyager9]

lba sent friday

[voyager9]

received the usual offer of difference between charge and £12 have sent letter accepting as partial payment but pay up full amount

[doo]

voyager9, well done in sending LBA but I would advise you not to accept any more funds as you are claiming contractual, not sure of your charge amount in relation to the sum you have accepted but now try to keep your claim intact.

[voyager9]

hi doo i didnt have much choice they have basically placed it into a closed account that was with a dca i dont even have access to it!

 

this is letter i have sent them

 

let me know what you think i dont think i have actually accepted it unless they pay they remainder within 13 days on my conditions .

 

Response to settlement offer.

 

Re: Account number ###########

Dear cap1

Thank you for your letter dated 05/05/2007.

I respectfully decline your offer of settlement and request, one final time, that you return to me all charges imposed on this account(£516 didnt put this in letter oopps), and contractual interest at an annual rate of 21.94% (compounded daily) amounting to £528.01. Totaling £1044.01

For your reference, I have attached a detailed schedule of these charges and a copy of my previous letter for your reference.

 

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 all information you are processing about this account including but not restricted to the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

Please also find attached to this letter a Notice pursuant to s.10 of The Data Protection Act 1998.

 

In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that a statement be sent to prove the deposit as the above account was closed by yourselves and that the remainder is paid in the form of a cheque within the next 13 days. Failure to comply with this request will result in legal action against you for full recovery, as detailed in my Letter before Action.

 

If you do not accept my conditions for acceptance, or you do not respond within 13 days, the money transferred to my account should not be viewed as my acceptance and I hereby authorize you to remove this sum accordingly.

 

However as stated in my last letter dated 8th may 2007I require repayment of any settlement in the form of a cheque made payable to myself voyager.

 

I trust this clarifies my position.

[doo]

It's a difficult one I know when they can place funds in an account, am having this problems myself. The amount they have offered does it fall short of all your charges (I'm sure it does), if this is the case then that is good. Did Capital One not take the account back from the DCA?

 

As for your letter I think you have covered all the points, like the bit about the default - if they do remove the default you also need the other negative info removed that is left in the status brackets. They were probably ignore the s.10.

 

As you say if they do not respond with your timeframe then you withdraw this offer. Important also to ask for a cheque as you have done. Keep us updated.

[c_allen]

if they put it into a closed account then write another letter saying that as they've done this, then you can't accept their offer and will be carrying on for the full amount, as doo says DON'T ACCEPT ANY OFFER THAR ISN'T FOR THE FULL AMOUNT, if you're claiming C/I or CCI.

sorry for shouting, :o

I can't help thinking there should be a sticky about claiming C/I somewhere, as a lot of people are letting the banks and CCs take the charges out, leaving only the C/I, which as i very nearly found out to my cost, is a big mistake. OK rant over;) .

good luck with your claim:)

[voyager9]

doo

The amount they have offered does it fall short of all your charges (I'm sure it does), if this is the case then that is good.

 

yes it does fall short

 

Did Capital One not take the account back from the DCA?

 

dont know yet dca should have come last night but didnt however this isnt unusual for him not to turn up!

 

c allen

 

I can't help thinking there should be a sticky about claiming C/I somewhere, as a lot of people are letting the banks and CCs take the charges out, leaving only the C/I, which as i very nearly found out to my cost, is a big mistake. OK rant over:wink:

 

i quite agree there should be a sticky it is a very complicated process i read on a post somewhere(cant remember where) that someone was trying to do a seperate spreadsheet of successfull ci/cci claims but dont know if this was done?

 

thanks for both comments advice taken on board and you rant all you want lol.

[voyager9]

update capital one have adjusted my credit file as settled however i have had no further letters from them so will be filing on monday , will be filing for full amount as i havent had any evidence that they have paid the partial payment plus as stated in my letter unless they accepted my terms i wouldnt accept it so basically they have forced it on me into a closed account!

[doo]

Yep, get that court claim in - you won't get full lot until you do. Will be watching.

[voyager9]

doo you gat a pm when you got a min

voyager

[voyager9]

right just a update filed n1 last wednesday , on friday i received as per my request ? which one i dont know the letter doesnt say i presume it was me asking for credit agreement etc ! anyway i received the current terms and conditions and thats it!

 

i havent had notice of issue yet hopefully that will come tommorow

voyager

[ukaviator]

Voyager, can you scan and PM the current T&C's please?..

 

Did you ask for a CCA?..

 

Uk

[voyager9]

hi uk yes i will try its longer than scan machine so will have to scan seperately

 

yes i did request cca via dca who told me cap1 couldnt provide one

so i used cpr4.6 to request it

 

am abit annoyed i took claim forms to court last wednesday only got issued monday deemed served tommorow cap1 got till 20th to acknowledge

[voyager9]

uk you got a pm

 

voyager