Brightestsparkler Vs Capital One

[brightestsparkler]

Hi all

 

After reading this site I phoned Cap1 on the freephone no and requested my statements from them. The lady I spoke to was quite nice actually (unusual for Cap 1 I thought). I asked if she could give me an idea of when I should receive them and she told me that as of today they are working on the 26 Mar so approx 2 week wait I guess.

 

I have a small Q i'm hoping someone can help with....

 

Approx 6 months ago I decided to go to a debt help co to get a grip of this blasted card. Will the fact that I have gone there matter for claiming back charges, which i'm sure is going to be a sizeable amount, these constant charges were one of the reasons I decided to go down the route I have as whenever I phoned Cap1 they weren't interested and couldn't (more like wouldn't) help.

 

I hope it won't have any adverse effect - would be nice if someone could put my mind at ease.

 

Thanks in advance!

[rory32]

Hi,

Just to put your mind at ease it won't matter a jot. The money that they took from you in charges is rightfully yours (plus any interest they have charged you on top).

 

The account is now in dispute (you should inform them of this in writing - preferably by recorded delivery) and as such you don't need to pay them anything until the account is resolved i.e. you get your money back plus interest for the illegal charges.

 

However if your comfortable with your current payment schedule keep paying them as if you don't they may try to illegally place a default on your file.

 

Also send them a CCA request (example shown below) they probably won't comply with it and you can use it as bargaining chip at a later date if need be.

 

{Your Name & Address}

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station Street

Nottingham

NG2 3HX

 

{Date}

Dear Sir/Madam

 

ACCOUNT NUMBER: XXXXX

With reference to the above account, would you please send me a true copy of the executed credit agreements with the prescribed terms.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act for the agreement.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

I look forward to hearing from you.

Yours Faithfully

{Name}

[brightestsparkler]

Hi,

 

Also send them a CCA request (example shown below) they probably won't comply with it and you can use it as bargaining chip at a later date if need be.

 

Thanks for putting my mind at ease with that. I think it's easier to keep on paying them and every little helps to becoming debt free!!!

 

Is it essential that I send a CAA request? I'm not sure why I would need it (not really very good with things like this).

 

Would never be able to claim back my charges without the help of the people on such a wonderful site like this

[rory32]

The Consumer Credit Act (CCA) request is important as you are asking them to produce a copy of the original agreement signed by you and the credit card company. Although you don't need to request it if you don't want I would recommend that you do for the following reasons.

 

1. If they can not produce it the debt is not legally enforceable.

2. If after 12 working days of receipt of request (send it recorded so that you know when it was received) they are in breach of the Act and have committed an offence.

3. If after a further 30 days (not working days this time) they have still not supplied a copy of the agreement they have committed a criminal offence punishable by up to a £2500 fine.

 

While any legal action you may have to take to get your charges and interest back will be in a civil court (so Cap One couldn't be prosecuted for this in your claim as its a criminal matter) you can make the judge aware of it. He or she would take a very dim view of this and Cap One are very aware of this.

 

Basically your hoping that Cap One won't comply with the CCA request and can then use it as leverage in your negotiations with them to get your money back as quickly as possible.

 

You can also then threaten to report them to Trading Standards, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman and The Financial Services Authority for their criminal behaviour and under section 25 of the Consumer Credit Act (shown below) which is the fitness test for an organisation holding a Consumer Credit License.

 

25 Licence to be a fit person

(2) a) contravened any provision made by or under this Act, or by or under other enactment regulating the provision of credit to individuals or other transactions with individuals.

d) engaged in business practices appearing to the Director to be deceitful or oppressive, or otherwise unfair or improper (whether lawful or not)

[brightestsparkler]

Thanks for that info Rory32, I'm glad there are people like you on this site to help people like me.

 

As i've not yet received my statements when would you recommend that I request this CCA? After my statements and with my letter requesting my money back, or before?

[rory32]

I'd pop it in the post (recorded) as soon as is poss.

 

As much as anything else it emphasises the fact that you are to be taken seriously by them and gives the impression you know what you are doing.

[brightestsparkler]

Well today I have received my so called statements from Crap 1. I am surprised at the final total of charges (£1056.38) as I thought it was going to be way higher than it is.

 

I have noticed that 4 of the charges I have incurred (Sep & Oct 06) are at the rate of £12 a pop. Do I include these, can anyone advise me?

 

Thanks in advance

[elliejay39]

Hi BS,

 

THought I'd hop on to your thread. Yes include all charges (see quote from OFT report below)

 

The Office of Fair Trading: Current credit card default charges unfair

'Where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge unless there are limited, exceptional business factors in play. A default charge is not fair simply because it is below £12. Setting a threshold for intervention is a pragmatic pro-consumer action that is designed to give the industry the opportunity to change its practice without litigation. It is supported by detailed guidance to the industry as to how to reduce the likelihood of public enforcement'

 

I know you are considering CI so which spreadsheet are you using? i used Vampiress's no 16 as this one calculates how much interest you have been charged on those penalties before compounding contractual interest(same rate as you are paying them) on top. Have a look through her chambers (curly Ben gave you the link) and read her notes on interest. Have a look at afew other threads on the interest theme and you'll soon get the gist and I'll help all can.

 

Ellie

[brightestsparkler]

Hi BS,

 

I know you are considering CI so which spreadsheet are you using? i used Vampiress's no 16 as this one calculates how much interest you have been charged on those penalties before compounding contractual interest(same rate as you are paying them) on top. Have a look through her chambers (curly Ben gave you the link) and read her notes on interest. Have a look at afew other threads on the interest theme and you'll soon get the gist and I'll help all can.

 

Ellie

 

To be honest i'm not sure what to do and just want a result without Cr@p1 being able to wriggle out of anything on a technicality. I've gone to a debt help agency and think that because of this I may run into problems that I won't be able to deal with.

 

I'll send the CCA request tomorrow (geez time flies by) and read through the threads across the weekend and look to send the prelim letter towards the end of next week.

 

I really do appreciate your help Ellie

[doo]

Don't forget if claiming CCI you do it from the start so make sure your prelim includes exactly what you are claiming. I would also add you are asking for repayment by cheque - not sure if you have a balance owing but if you do they are trying to repay funds onto cards after court stage and if claiming CCI you want to keep your claim intact so the full amount is owing.

[brightestsparkler]

Hi doo

 

I do have a balance on this and just before xmas I decided to go to a debt help agency to help me clear this problem card, as Cra@p 1 didn't want to help me.

 

I really don't mind if it gets paid off my debt with them as this is what I would do with it anyway, however adding CCI would prob give me some change over too (lol)

 

Am I able to ask for this to br e paid by cheque under my circumstances?

[doo]

The reason I said ask for payment to be made by cheque is that cap one have a habit of late of putting payments onto your credit card, now obviously if you owe a balance on the card they will put funds on this first then send you a cheque for the remainder, now this is where you have to be careful in accepting partial payments if you are claiming CCI, you need to keep your claim intact.

 

Not sure what your balance is on card in relation to your charges? Personally I would still add you want payment by cheque and you could add 'whereupon I will repay debt on card' or something to that effect, not sure it will work though.

 

Don't forget if claiming CCI you start this from your prelim letter. Keep us posted.

[brightestsparkler]

I thought I had updated this post (oops!)

 

CCA request sent 3 May 07 rec del.

12 days r up on 22 May 07.

30 days r up on 21 June 07.

 

I take it that the further 30 days start as the 12 finish am i correct?

 

Not sent my pre-lim letter to them yet as I am waiting until I have filed MCOL with RBOS 1st do not wish to confuse letters Their time will be up at the end of the week so will get started with Cap1 soon after.

[rory32]

I take it that the further 30 days start as the 12 finish am i correct?

Spot on

[brightestsparkler]

Thank you Rory32

[Andrew66]

It won't matter that you have an arrangement with a debt help agency, I had one with Spectrum ( I know, I know....) but I have had £80 back from cap one so far, just done MCOL tonight which will clear my balance and have about £75 over. If they hadn't stuck these on in the first place I wouldn't be in this position.

[brightestsparkler]

If they hadn't stuck these on in the first place I wouldn't be in this position.

 

I hear what you are saying there Andrew66;)

 

Thank your for posting that, it's encouraging to hear there are other people out there who are in similar boats who are getting their money back,

 

Good luck to you!

[brightestsparkler]

A quick progress report after sending the letter requesting CCA, last week I recieved a letter from Cr@p1

 

"Thank you for your recent enquiry. I have enclosed details of the Terms & Conditions for your credit card account. Please keep these details for future reference."

 

I take it that what they have sent me is not actually what I requested at all?

 

So... does this mean that as of 12 June which will be the 30 days limit if they have still not supplied a copy of the agreement they will have committed a criminal offence punishable by up to a £2500 fine.

 

How on earth does that get imposed?

[rory32]

I take it that what they have sent me is not actually what I requested at all?

 

Correct - it doesn't even come close.

 

How on earth does that get imposed?

Report them to TS - they have powers to prosecute.

 

Roughly how much do you owe to Cap1?

[brightestsparkler]

Roughly how much do you owe to Cap1?

 

I believe my limit is £2000 and my balance is approx £2500

[rory32]

Then you may wish to negotiate with them before reporting them to Trading Standards.

[brightestsparkler]

Hey now that sounds just like the kind of cunning plan I need Rory32

 

I've not sent them any letters yet shall I just bide my time untill 12 Jun has passed and then start?

[rory32]

Yeah, there's really no point in contacting them until they have committed the summary criminal offence.

[brightestsparkler]

Wait until 12 Jun then send my prelim? If they don't wanna act on that one mention their failure to comply to my request and TS in following letter? Or leave TS till later again?

[brightestsparkler]

hmmm I sometimes wonder if I am invisivble