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Wiggy vs. Capital One - The story so far...


killerwig
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Hi guys,

 

Firstly, I want to thank everyone here at the Consumer Action Group for the advice, templates, spreadsheets and all the rest. I wouldn't have known the first thing to do in claiming back the unlawful charges applied to my Cap One account.

 

Big thankyou to Tanzarelli for a very informative thread about his progress with the evil-doers. Good job on the win Tanz!

 

I started this off in February with the Subject Access Request, then moved on in March with the Preliminary Letter requesting payment with a full summary of charges, plus the 8% statutary interest offer. After getting a £120.00 refund credited to my account (no idea how they worked that one out), I sent them my final response letter:

 

Snippet from Preliminary letter:

 

What I require

I calculate that you have taken £382.00 in charges and an additional £50.91 in statutory interest at 8% APR – the total of which is £432.91. Please note that I am being lenient and not claiming the full contractual interest, as a measure of good faith. I enclose a schedule of the charges, (minus the refunds you have kindly given me), which I am claiming with this letter.

 

Snippet from FINAL DEMAND letter:

 

I calculate that you have taken £382.00 in charges and an additional £50.91 in statutory interest at 8% APR – the total of which is £432.91, minus the £120 refund you have already given me, which now means that you owe me £312.91 (not including any recent charges that you may have made on my account). Please note that I am being lenient and not claiming the full contractual interest, as a measure of good faith. I enclose a schedule of the charges, (minus the refunds you have kindly given me), which I am claiming with this letter.

 

After 14 days, I got the standard whiny template letter from Mr. Udy (obviously the computer in charge), saying that they didn't owe me anything and to basically go away.

 

That upset me a bit.

 

I've just printed out three copies of the N1 claim form to take this baby to court. I'm also claiming exemption from court fees due to my current woeful circumstances. I'm all ready to go and put this claim in at Blackpool County Court, but I'm wondering if I should send Cap One a final letter to try and get this sorted without involving the courts?

 

Bear in mind that my FINAL DEMAND letter stated this:

 

I require repayment in full of this money owed to me. If you do not comply fully within 14 days from the date of this final letter, then I shall begin a claim against you in the County Courts for the full amount plus interest plus my costs and without further notice.

If you do not respond to my satisfaction, there will be no further communication from me and I shall proceed upon the expiry of this 14 day deadline.

 

The thing is, they've charged me unlawfully - again - twice! - this month, even though my letters state that I will be claiming every single charge back. Also, I gave them just an offer of 8% statutary interest, but I want to claim back the full contractual interest for the standard Cap One Classic card; seeing that Mr. Udy has felt the need to mess me around.

 

I'm thinking of writing a follow-up letter, still offering the olive branch of the 8% interest, but threatening the full contractual interest through the County Courts if they do not accept. What do you guys think about this tactic - should I try for an easy out of court win, or just send the completed N1 forms off charging the full amount + contractual interest?

 

Any help would be much appreciated. Thanks in advance.

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Just drafted this letter as a final recourse. Hopefully it'll do the trick - probably won't, but at least I'm informing them of my full intentions now.

 

Executive Office

Capital One

PO Box 5281

Nottingham

NG2 3HX

 

 

23/04/2007

 

 

Dear Mr. Udy,

 

ACCOUNT NUMBER: xxxx

 

I am very disappointed that you have failed to refund the full amount owed to me, as detailed in my letter of 03/04/2007, even with the offer of 8% statutory interest. This letter is to give you notice that I am now withdrawing that offer, and will be claiming full compounded interest on the amount owed to me by Capital One at the current rate of 2.570% per month (35.60% APR).

 

I am giving you this final opportunity to settle this out of court, without incurring extra expense via Court fees, or Solicitor’s fees, or having any kind of Court Judgement being filed against your company.

 

The regime of 'fees' which you have been applying to my account in relation to late payment fees, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

The contractual provision does not permit you to levy such charges, and is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

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 calculate that you have now taken £406.00 in charges and an additional £331.94 in compounded interest at 35.60% APR – the total of which is £737.94. Minus the £120.00 refund you have already kindly given me, it now means that you owe me £617.94 not including any recent or future charges that you may apply to my account.

 

I require repayment in full of this money owed to me. If you do not comply fully within 14 days from the date of this final letter, then I shall have no option but to file a N1 claim form for the full amount in the Blackpool County Court, plus interest and plus my costs.

If you do not respond to my satisfaction, I shall proceed with this Court claim on the 7th April, 2007.

 

Yours faithfully,

 

Wiggy

 

-----------

 

Summary of Charges

 

-----------

 

I hear the war drums a'banging... :D Sod the olive branch.

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Cap One sent me the same offer 3 times and would have continued, I have not read one case on here where they offered full amount before court action and believe me I have gone through most threads. Good on you for trying your actions are very reasonable but I honestly don't think they will get you anywehere - just delay your claim. Also at the bottom of your letter (I do this all the time) you have put 7th April, I think you mean May. Good luck

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Thanks for the advice doo - and I ammended the date in the nick of time :)

 

I kind of feel like I'd be very lucky if they decided to settle out of court with me, but I thought I'd give it one last shot for them to come to their senses. All these claims must be costing them a hell of a lot in court fees alone; surely they know they are fighting a losing battle here?

 

I'm tired of trying to play catch up with this account. I'm dead set on doing whatever it takes to get myself in the clear - I have the n1 forms filled in and ready to go in triplicate, but I'm doing all this on a pretty thin shoe string, so I hope the court will take my circumstances into account when I apply for a fee exemption - currently unemployed and looking to go self-employed here. That's pretty hard to do in the best of circumstances, without debts hanging over my head.

 

After Cap One, I'm going after Barclays, as they have royally screwed me over for the past six years with a student loan that turned into an absolute nightmare. Cap One is my test case, before I go head to head with my major financial problem.

 

Thanks for the good luck wishes - much appreciated.

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