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Alphageek

Alphageek Vs Capital One ***WON***

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Hi to everyone in the Capital One forum.

 

I am just starting out with my Cap One claim and having been reading a lot about MBNA recently, I was wondering why there were no threads in here about sending a CCA request initially.

 

I take it they can and do provide true copies of the executed agreement so a CCA would be a waste of time?

 

Thanks.


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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I should add that I am interested in a CCA because I have been getting charged for PPI and I don't remember requesting it.


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Sent SAR via recorded delivery this morning to;

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

 

They will be deemed to have received it on 17/05/2007.


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Any thoughts on the CCA / PPI angle?


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Royal Mail site shows the SAR was delivered today.


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Alpha

No-one has replied to your Q, so here you are, this is what I sent (from letter in Templates Section:

Dear X

 

Re: ACCOUNT NUMBER: xxxx xx

With reference to the above account, I would be grateful if you would send me a copy of my credit agreement.

 

Within the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand that a copy of my credit agreement should be supplied within 12 working days.

 

Please note that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you very shortly.

 

Yours sincerely

Me

Enc.


'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Hello Paintball. Thanks for that.

 

Do you know if Cap One are being able to send the true copies of the executed agreement?


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Sent a CCA today. Deemed to have been received on the 21.05.07.


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Just read the post by BankFodder, New advice from the Information Commissioner, accordingly I have amended my CCA letter slightly. Added bit in red at the bottom.

 

Keep your receipts and counterfoil for the recorded delivery and use the Royal Mail site's tracking facility to get your proof of delivery (POD), print it out and staple them all together.

 

That will give them considerably less wriggle room :(

 

My House

My Town

Postcode

 

 

Date

Naughty Bank

c/o Wormwood Scubs

London

Postcode

 

 

 

 

Dear Sir/Madam

 

Re: − Account Number 0000 0000 0000 0000

With reference to the above agreement, I would be grateful if you would send me a true copy of the executed credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of this credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This £1.00 is to be used purely for the purpose of sending a copy of the agreement, and under no circumstances should it be used for any other purpose (e.g. credited to my account).

 

I understand a copy of this credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

 

Yours faithfully,

 

 

 

Alphageek

 

 

 

 

Enc: Postal Order serial number 000000

Via Royal Mail Recorded 1st Class – DL xxxx xxxx xxGB


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Good stuff.

 

In the light of a number of people in the Cap One forum who have requested theie CCAs and not received them (I received more garbled copies of my statements and a return of my £1 cheque which wasn't actually there), if the same happens to you, you may need to write in again with an LBA as it could be construed as non-compliance ...

 

Thoughts?


'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Well, the clock is ticking Paintball. So I guess it's just wait and see.

 

Did you CCA them and what was the outcome?


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Well, the clock is ticking Paintball. So I guess it's just wait and see.

 

Did you CCA them and what was the outcome?

 

Yes indeed tick, tock ...

 

I received from Cap One a letter saying 'here's your CCA and have your cheque back cos we don't charge for this'.

 

But ... no CCA just weird copy statemtns and NO cheque. Cheeky sods, if anyone from Cap One is reading this, you'll get your come-uppance:evil:


'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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I have just been playing around with some of the spreadsheets and the APR calculator.

 

Cap One are currently charging me 34.93% APR on Purchases and the same on Cash Withdrawals. No wonder they print the monthly figure of 2.53% on the statements.

 

I don't consider myself to be a particularly stupid person, so how have I ended up using a credit card with such a high APR? Oh, I remember now - the banks have taken so much of my money over the previous years and I got in to a spiral of borrowing more to pay them and using CCards in place of being able to use my income! :-x

 

Capital One: What's in your wallet?

 

Lots of my money that's what! But when this is finalised, your card won't be in my wallet any longer!


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Hi, I have received a reply from CapOne. I will post it later.

 

I have tried to read through the .pdf version of the CCA (http://www.passprotect.studio400 .me.uk/Consumer_Credit_Act_1974. PDF) this afternoon and see lots of references to prescribed term and layouts etc. but cannot see a list of what these prescribed items are.

 

Can someone point me in the direction of a list so I can check what they have sent has all the things it needs to make it a proper agreement.

 

Thanks.


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Here is the letter I received from them.

 

Capital One Bank (Europe) plc, PO Box 5283, Nottingham, NG2 3YG.

 

Alphageek

Address

 

22 May 2007

 

TEL: 0800 9525150

REF: xxxxxxxxxxxx

 

Dear Alphageek

 

Account No. 0000 0000 0000 0000

 

Thank you for taking the time to write to us about your account.

 

I understand you'd like a copy of your credit agreement so I've included a copy with this letter. I've also arranged to send you the terms and conditions for your account. These will arrive separately within the next two weeks.

 

You've asked that we don't use the postal order you've included in your letter for any other purpose. As we don't charge for supplying this information, I'm returning this to you and won't add it to your account.

However, your account is currently one month behind in payment and over the agreed credit limit so it is important you make a payment as soon as possible to avoid further charges.

 

I hope I've explained things clearly and you'll accept my best wishes for the future.

 

Yours sincerely

 

Person

 

Executive Office Manager

I am going to scan and upload what they sent me as the agreement. It's too low quality to OCR.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Here is the 1st page

 

Note: I did not obliterate the bit where they signed it. Looks like it was done with a marker pen!

 

Here is the 2nd page

 

I also got my postal order back and a copy of a leaflet entitled "Please tell us when we make a mistake..." "...because nobody's perfect"

 

I am not sure if this agreement has all of the prescribed terms on it or not.


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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I got this today in the mail from them;

 

My Address

 

25 May 2007

 

Dear Alphageek,

 

Account Number: 0000 0000 0000 0000

 

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

 

If you have any further queries about your account, please call our Customer Services Team on 0800 952 51 50.

 

Yours sincerely

 

 

Signature

 

 

Person

Customer Accounts Manager

Two big pages of terms and conditions;

 

Page 1

 

Page 2

 

I also received a reply to my SAR with a load of computer abbreviations and their meanings, lots of screen dumps from their system showing my account details containing loads of the codes referred to earlier and my statements from date of opening to date.

 

There are two things I notice.

 

1: The T&Cs state charges of £12. My early statements show the old level of charges of £20

 

2: There is PPI on my statements and the information they have sent re my CCA request has no mention of PPI or me asking for it.

 

I am going to fill a spreadsheet in soon to work out the amount of charges etc. they have levied to my account.

 

Any advice on what my next move should be?


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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I have been using CompoundSheet_v1.9.xls from this site and have 1 question and 1 problem :D

 

Question: I cannot see anywhere where I agreed to PPI so I am going to claim this back. Do I just enter it on to the spreadsheet along the LATE FEEs and the like?

 

Problem: On the Charges & Interest tab, on the right where you enter Interest Date, Interest Charged, Account Balance at Interest Date and Interest Free Overdraft (I have entered 0.00 in this column), the Interest Paid on Penalties column is not populating with any values.

 

This is causing the s69 8% Interest tab and the C.Interest (Daily) tabs to have 0.00 in the columns where the interest on the interest I have paid on penalty charges should be calculated.

 

HELP! What am I doing wrong?


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Has anyone else had this problem with the spreadsheet?


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I think I might try the Google version. Is it the same?


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The google one's are 13 or 16 i believe. It looks like your using the really complicated one where you have to put your monthly balances in as well.

Just a straight forward, reason, amount, date, days passed and interest spreadsheet is what you need.

 

Uk


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Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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Thanks UKA - I think i'll have a go with No 16 form Vampiress's page.

 

I think I started with this one before and tried to export it to Excel. When office 2007 opens it, it shows a message about some data being lost?!?

 

Not very helpful at all really.

 

I'll fill in the online version and see how far I get. If it goes ok, I'll get my prelim posted soon.


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Should I include lines for when they charged me PPI on the spreadsheet as I would for late fees etc?


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I have completed the spreadsheet and have included PPI as line items as and when they were debited against my account.

 

I opened this card account in May 2005 and in just over two years (if I have done the s/sheet right) they have levied £440.55 in unlawful charges. Add on 34.93% CCI and the total comes to £634.45 :o

 

No wonder they all think they're above the law. At that rate of profiteering they probably think it's worth the odd brush with the law and regulators.

 

So, I just need to know if I have done the right thing in including the PPI lines before I send off my prelim.

 

I'd also be grateful if someone could take look at the stuff they sent for the CCA reply. For a start, the place where they have signed has no date next to it. I am still trying to gather info on what should be on agreements to make them enforcible. I think I will be reading until Christmas looking at some of the CCA threads!

 

If it's not enforcible, I think I will claim back the unlawful charges and tell em to pray for the balance I owe.

 

Help :D


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Hi, any views on whether I can put the PPI charges on my spreadsheet and thus on my prelim?


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