Woodentop v CapOne*****WON****

[woodentop]

Am about to embark on CapOne. Card has £400 limit which was down to about £200 a year or so ago and we have not used it just paid minimum amount until a few months ago when we stopped paying them. Usual phone calls every day and am now ready to start with them. We now apparently owe them £740. Each month they charge overlimit fee, late payment fee, purchase interest. The first two being £12.00 and the last varies each month - this month £13.96 (presume this is compounded?) at 2.137%. Just checking that I am correct in thinking that I can claim all of the above back plus interest.

[woodentop]

..

[ukaviator]

Yes you can claim it all back. You need to send an S.A.R. to get all of your data. As you have posted 70 times, i am assuming you know what to do with regards to that procedure. Keep us posted.

 

Uk

[woodentop]

Thanks UK - yep know what to do - just wasn't too sure as this is first credit card on what to claim back.

 

Woody

[woodentop]

Sent off S.A.R last week by recorded delivery. Today received in post a default notice. Do I ignore it or respond saying the account is in dispute. Should I start paying them something as I have missed payments for last few months?

Woody

[ukaviator]

Ok. . you should now start paying something every month towards your debt. You need to amend your claim with them to include the default removal as well. Very important to keep your claim in future as a complete package, default removal and a refund of your fees together.

 

Uk

[woodentop]

Thanks UK - on reading other threads I should advise Cap One that the account is in dispute? I have only sent of the S.A.R - (Subject Access Request) which I understand is not enough - have tried to find a template letter to put them on notice (have also pm'd michael browne for template). I don't think the default is on yet as it states that we have 23 days from date of default notice. Did receive a call from Debitas today for hubby but as he's at work didn't find out any more. Will pay them something over weekend.

 

Woody

[woodentop]

Thanks to MB for template letter. I have amended it slightly to point out the fact that I have already asked for my statements. Does this look OK?

 

"ACCOUNT NUMBER: XXXXXXX

Dear Sirs

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account. I sent a Data Protection Act 1998 Subject Access Request by Recorded Delivery on 26 April together with the relevant fee to which I have not received a response.

 

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998."

 

Should I send this to the address in Trent House or the address that is on the Default Notice which is PO Box 5282 - both addresses are in Nottingham so am presuming that they are in the same building or should I send a copy to both departments.

 

Sorry to be a pain

Woody

[woodentop]

Sorry to bump this - want to send letter off tomorrow if poss.

 

Woody

[woodentop]

Along with the usual phone calls from CapOne we are now receiving calls from Debitas - now I have not received any letters from them so as far as I am concerned they are nothing to do with CapOne! (although I know they are). I passed him over to hubby (whose CapOne Account it is) and they started asking him for ID. He told them that he didn't know who they are and was not prepared to give any personal information over the phone, he also said that he would pass the phone to me as I deal with all this sort of thing!!! The man refused to speak to me and insisted that he give details out. Hubby then lost the plot completely and politely told him where to go and said if they weren't prepared to talk to me then he wasn't prepared to talk to them and put the phone down. Have also received calls from CapOne themselves today. I have told them repeatedly on the phone that this account is in dispute - have sent my SAR and Account in Dispute letters both by recorded delivery - they have cashed my £10 cheque last week.

 

Shall I send them the letter about phone calls?

 

Regards

Woody

[Paintball]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Definitely send this letter referring to both calls from Cap One and Debitas and send copy to Debitas so all the calls should stop.

[woodentop]

Thanks Paintball - will do,

 

As I havn't had any correspondence from Debitas can anyone let me know where to send it please.

 

Regards, Woody

[woodentop]

Sorry to bump this folks. Debitas and CapOne are really winding me up now - still had no correspondence from Debitas - can somebody please let me know their address so I can send this nuisance calls letter off to them. One minute its CapOne then the next its Debitas - are they trying to confuse me!!!!!

 

Woody

[Paintball]

Woody

 

I Googled Debitas Legal Services and found the following address:

 

Debitas Legal Services PO Box 6459 Nottingham Road NOTTINGHAM NG2 3FG

[woodentop]

Oooh Paintball tyvm - why didn't I think of doing that - you're a STAR - letter off in the post today.

 

Woody

[Paintball]

You're welcome ... thanks for calling me a ...

 

xx

[ukaviator]

Woody

 

I Googled Debitas Legal Services and found the following address:

 

Debitas Legal Services PO Box 6459 Nottingham Road NOTTINGHAM NG2 3FG

 

 

Same address as Capital One by the looks of it. Dodgy lot ..

[Paintball]

Same address as Capital One by the looks of it. Dodgy lot ..

 

You're not wrong

[woodentop]

LOL I can imagine lines of peeps in their call centre CapOne, Debitas, CapOne, Debitas etc. passing the call along the line to harass at 2 minute intervals - well thats what I've been getting this week.

 

Woody

[woodentop]

Well am gobsmacked!!! Sent of SAR on 3 May and today received by recorded delivery all the statements plus manual intervention microfiche copies. Am merily going through them and completing spreadsheet - I know am being stupid but this is the first time I've had manual intervention things come up -what do I do with that part???? I've seen others post about manual intervention but I am confused HELP!!!

 

kind regards

Woody xxx

[jubaxt]

hi woodentop-which spreadsheet and what interest rate are you using for crap 1-m just preparing spreadsheet too

[woodentop]

Hi Jub - using the one in the templates library under Credit Cards - simple Excel - it looks the same as the one I used for the Bank using 8% interest.

Good luck - seems like we're both at the same stage.

Woody xx

[jubaxt]

hi-woodentop-just been playing with spreadsheets-claim of £1100 since april 14th 2003

claim if adding 8% stat int-£1323-obviously if it gets to court

if adding contractual-vampiresses sheet 12-£2180

if adding contractual compounded interest-vampiresses sheet 13-£3041.72-wow-tempted but-what if it goes **** up!?

based it on their extortionate 34.9 % int rate

[doo]

jubaxt, if you do not feel comfortable applying the 34.9% then apply the rate that applies to your account. I have a CCI claim running with cap one, they want to pay me purchase interest instead of CCI but 5 days ago they offered my O/H full charges, CCI and court costs. What's the worst that can happen, you get offered less, keep reading they are paying out CCI claims.

[jubaxt]

hi woodentop and doo-my account was closed in dec 2005-got all the printouts for cap one but no mention of interest rates charged on my classic card-took the 34.9% off their website yesterday-dont have a contact number for them-what would you advise re -which interest rate to apply?