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hi

 

Please could someone let me know if you can reclaim penalty charges from car finance companies such as Capital Bank. The car loan ended in March and I wanted to reclaim back the penalty charges I received through the course of the loan. I have written to them twice but they simply just ignore the letters. I wondered if anybody else was in similar circumstances.

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I think you can - providing you can get Capital Bank to correspond!

 

By coincidence, I am dealing with a Capital Bank case for a client, via a DCA.

 

Throughout, Capital Bank have been a problem; they refuse to speak to me or my client; they are in breach of OFT rules and CCA, and they have the idea that their company policies override legislation. Even the DCA admits to finding Capital Bank awkward and unhelpful.

 

Anyway, I suspect that you will have to force Capital Bank into corresponding. Try sending a recorded delivery letter in which you ask for a refund of penalty charges. If they reply, deal with them as for bank charges. If they don't, write again, heading your letter 'complaint', and complain about their failure to answer your earlier letter, and ask for a copy of their complaints procedure.

 

Under the new FOS rules they are obliged to acknowledge the complaint, in writing, by the end of the next working day. They are also required to provide a copy of their complaints procedure on request. If they answer, go through their complaints procedure; if you don't get a satisfactory final response, escalate the complaint to FOS. If they don't reply to your complaint, you can go straight to FOS.

 

FOS can charge them for handling the complaint, force them to act properly, and award you compensation.

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  • 1 month later...

Hi just thought I would give an update.

 

I used the template letters provided for reclaiming bank charges and just changed the letters to suit for the car finance.

 

Capital Bank ignored all my letters..... until out of the blue I received a cheque for half the amount I was claiming - no letter attached as such. I sent a letter accepting this cheque as a partial payment of my claim and stating that I will proceed with my claim for the remaining half - I found a template letter for this. So far, I have received no reply whatsoever - theres a surprise!

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In the case I was dealing with, Capital started off by blustering about repossession, but it was pointed out that they would need a Court order. I suggested they went ahead and applied for one, which would then be defended and they would have an opportunity to justify their charges and various unsavoury tactics to the judge. They then tried to settle by offering to halve the charges, but we stuck to no charges at all and finally they agreed. My client paid the arrears he owed - the arrears he'd offered to pay from day one but which Capital and the DCA refused to accept without their unlawful charges.

 

So, a victory. In the long run, a case of sticking to your guns, even in the face of bullying, threats and immense stupidity!

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I am also having some difficulty with Capital bank both myself and my solicitor find them difficult an dvery unhelpful, but i have surprise for them soon.

Long time ago in a galaxy FAR FAR AWAY, there lived an elf who shot banks for a living.........

Now through the power of the internet there is the CONSUMER ACTION GROUP,

 

Watch out they are getting crafty those pesky CRITTERS!

 

Banks will tell you their charges are transparent!

So is the invisible man but that does not mean he is fair or lawful.

 

DONT GIVE UP! FOLLOW THE CAG ADVICE AND RECLAIM YOUR CHARGES.

CAPITAL BANK! YOU ARE NEXT.

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I am also having some difficulty with Capital bank both myself and my solicitor find them difficult an dvery unhelpful, but i have surprise for them soon.

 

 

Go for it delboy, standard approach sar and cca. Then hit em.

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I have a bigger surprise than that, i have instructed my solicitor to start court procedings against them for the return of all my money paid and interest, and i am trying to persuade him to apply for a wasted costs order also for all the time i spent writing letters etc,

Capital Bank even had the ignorance to ignore the solicitor letters and will not return his calls, no matter what happens i am going to try and get them to court and then see if i can interest the newspapers.......

Long time ago in a galaxy FAR FAR AWAY, there lived an elf who shot banks for a living.........

Now through the power of the internet there is the CONSUMER ACTION GROUP,

 

Watch out they are getting crafty those pesky CRITTERS!

 

Banks will tell you their charges are transparent!

So is the invisible man but that does not mean he is fair or lawful.

 

DONT GIVE UP! FOLLOW THE CAG ADVICE AND RECLAIM YOUR CHARGES.

CAPITAL BANK! YOU ARE NEXT.

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Is it possible for me to issue a SAR to a car garage to get all the info they hold about a vehicle they sold me, any info would be good, i am trying to find out what was done to it.

Long time ago in a galaxy FAR FAR AWAY, there lived an elf who shot banks for a living.........

Now through the power of the internet there is the CONSUMER ACTION GROUP,

 

Watch out they are getting crafty those pesky CRITTERS!

 

Banks will tell you their charges are transparent!

So is the invisible man but that does not mean he is fair or lawful.

 

DONT GIVE UP! FOLLOW THE CAG ADVICE AND RECLAIM YOUR CHARGES.

CAPITAL BANK! YOU ARE NEXT.

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I am dealing with a complex not fit for purpose car, with capital bank, i was trying to deal with it myself but they are being so obstructive it is madness, so i had to employ a solicitor

Long time ago in a galaxy FAR FAR AWAY, there lived an elf who shot banks for a living.........

Now through the power of the internet there is the CONSUMER ACTION GROUP,

 

Watch out they are getting crafty those pesky CRITTERS!

 

Banks will tell you their charges are transparent!

So is the invisible man but that does not mean he is fair or lawful.

 

DONT GIVE UP! FOLLOW THE CAG ADVICE AND RECLAIM YOUR CHARGES.

CAPITAL BANK! YOU ARE NEXT.

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Hi im also havin trouble with capital bank. I owed £647.59 I tried to pay this amount off twice when i was refunded from other bank charges. Anyway after e-mails and numerous phone calls telling them which account to take this money from, they went into an account that hadn't been used for months. So again we tried and same thing happened.Then by this time other companies had gone into the account to pay their bills. I couldnt afford to raise this cash a third time. Anyway i recently recieved a letter, a default notice for the amount of £647.59, i managed to pay £216 off the arears total, but then this morning i recieved a letter saying my agreement had been terminated and the arears amount was £699.90. Surely since paying £216 off my above arrears should they not have had to send me a new default notice with the amount amended. Previous to the in the past i have owed over £1000 in arrears and only ever recieved phone calls. The difference being this time is i have just very very recently started the process of claiming back all their ridiculous charges and i think they have terminated my agreement rather than pay back charges. please help anyone as im supposed to hand the car back asap. Is there anything i can do??.

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we had a letter like that from them but luckily we managed to clear it off at £200 a week for 3 weeks,

I really want to claim all the charges as like you we have got in arrears but they send letter after letter all at £25 - 35 a go, i just want the money paid towrds the agrrement the sooner they can get shot of them the better. Only thing is we have 18 months of paying them back can they just shut down the agrrement in retrospect. Please any advise would be much appreciated.

 

I think we should ALL posting here with all the problems contact watchdog and see if they want to have a investigate on our behalf that would be one mighty kick up the bottom for them. Infact i will do it now.

 

Howevere would still appreciate any advice.

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I have also contacted Watchdog with regard the problems i have had and i would urge anyone else with similar problems to do the same.

 

BBC - Consumer - TV and radio - TV and radio

Long time ago in a galaxy FAR FAR AWAY, there lived an elf who shot banks for a living.........

Now through the power of the internet there is the CONSUMER ACTION GROUP,

 

Watch out they are getting crafty those pesky CRITTERS!

 

Banks will tell you their charges are transparent!

So is the invisible man but that does not mean he is fair or lawful.

 

DONT GIVE UP! FOLLOW THE CAG ADVICE AND RECLAIM YOUR CHARGES.

CAPITAL BANK! YOU ARE NEXT.

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Hi i definatley want to mention the problems i've had, thanks to you both for the link. Should i just write something similiar to what i have mentioned on here as my case? thanks all. I did actually e-mail cap. bank today saying i would seek advise from a solicitor and go public with there horrendous treatment if they dont overturn their decision to terminate. Hope it works and even if it does im still going to the watchdog link now so thanks ppl.

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Hi all just to keep you updated I recieved a letter from a company today called buchananclark+wells anyone heard of them? anyway letter says URGENT RE- cap bank plc v me. Debt outstanding £113.70. Anyway im supposed to pay this arrears today only as its outstanding, funny thing though cap bank say my arrears are £699. Failure to respond today may result in an agent being sent to my house (oh i do so wish and without a court order then i get back the 7,756 ive already paid) Like i say i do hope they are that stupid as i dont even know were they have got their £113.70 arrears total from considering they are working for or are with cap bank. thick. Also enclosed was a letter stating my aggreement no. the arrears value as £113.70, then car reg left blank. this is a letter i have to sign and send back to them it says: I heareby voluntarily return the above noted goods for sale by you, such sale to be undertaken in accordance with your usual practacies. I understand by taking this action i am bound by the t+c as set out in the above noted agreement. I also confirm that i am the person named above agreement and am therefore duly authorised to voluntairly surrender the said vehicle. And there it is except there is no mention of my car at all only this arrears of £113.70. So any advise anyone??? The letter is dated yesterday this is when i sent them an e-mail mentioned in a previous post and i also asked for my CCA. It seems they have rushed this out on recipt of them in order to try and get out of things. Well sorry to go on to you all any comments or suggestions?...

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Hi All

 

Just subscribing to this thread as I too am having threatening letters from a DCA on behalf of Capital Bank.

Having handed back the vehicle, the buggers have stopped taking my money and im currently awaiting a doorstep collector/bancruptcy/attachment to earnings etc.

 

Good luck to everyone taking this lot on, will keep you informed if they deign to respond to my letters.

 

Cheers,

Whirly

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Make sure you complain to Watchdog the more the better.....

Long time ago in a galaxy FAR FAR AWAY, there lived an elf who shot banks for a living.........

Now through the power of the internet there is the CONSUMER ACTION GROUP,

 

Watch out they are getting crafty those pesky CRITTERS!

 

Banks will tell you their charges are transparent!

So is the invisible man but that does not mean he is fair or lawful.

 

DONT GIVE UP! FOLLOW THE CAG ADVICE AND RECLAIM YOUR CHARGES.

CAPITAL BANK! YOU ARE NEXT.

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Can anyone help??

 

Just made the mistake of calling dca in order to stop doorstep collector. During course of "conversation" the operative informed me that i am not only in default but that the phone conversation we had last year in which i agreed under duress to make payment, never in fact happened.

My oh was sat in the car listening to the threats being made, yet she accused me of making this up and insisted i made payment after receiving a letter ( which i did NOT receive) and the call never took place.

Sorry for rambling i know they can't take me outside and shoot me but i'm tired of being threatened with legal action.

After rooting through old paperwork, the original debt was assigned to B C W, when this was transferred to the new dca was apparently in letter i didnt receive.

I no longer have the car, have paid over a thousand in penalties to original lender and they now want to take me to court for the remainder.

 

The big question is; do i let them take me to court and let a judge decide if ive paid a hefty enough price? These **** have taken to calling me at work now and are as abusive as ever.

 

So sorry for going on like this but after a recent bereavement i dont have the will to keep fighting any more

 

Thanks as ever

Whirly x

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  • 2 weeks later...

Cananyone help me. I bought a car last year with capital bank.I was told by the agent that I should take the PPI out as the car was for a large amount and that if i was off work i would need to keep up repayment.I have never received anything with regards to PPI on the loan so was obviously not aware that it could be cancelled within 30 days. This is well over a year ago when i looked at the credit agreement that I noticed that the PPI was attached the car credit. Do you think I have the right to say this was mis-sold. If this was the case what should I do. I have obviously signed for the PPI as i was told that i needed it. When looking closer I would be fully covered from my employers. What is the next step anyone ???

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  • 2 years later...
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