Delta V Cap One

[delta6370]

Hi guys, I am about to embark on the route of trying to get my charges back from Cap One. At present I am being harassed for being over my limit, I am only over my limit because they haven't been sending me statments, so my payment generally goes through late and accrues charges.

 

They are phoning me constantly, I sent them the 'naff off and put it in writing' letter, which they have responded to, saying that as long as there are arrears on my account they will continue to phone!

 

They phoned last night, I confirmed my name and when they asked to confirm my id, I said no so she hung up! (I count that as a result!)

 

They have already phoned once today, but I missed them (wot a shaame!) I have a copy of the telephone harassment letter by my side for when they phone again, and I will inform them that I am taking this further.

 

Then tomorrow I am heading down to the post office for a £10 postal order, and I am going to send them a S.A.R. with a view to claiming back my charges.

 

Can I just ask something to put my own mind at rest, is this done exactly the same as it is for bank charges? (currently have a claim waiting for a court date with NatWest).

 

Delta

[chaddyowl]

Hi, Yes almost, you can claim back overlimit fees and late payment fees on credit cards.

Good luck.

Chaddyowl

[delta6370]

And right on schedual they have just phoned back, apparently the letter about the telephone harassment doesn't apply to the collctions department, and unless I bring my account back in to order they will continue to phone.

 

Oh and they cannot remove my number, as they HAVE to have at least one contact number for me!

[ukaviator]

Hi Delta

 

Are you thinking of claiming any Contractual Interest? . .

[delta6370]

Hi Ukaviator. I hadn't thought of doing so, the idea to claim against them only came today as I have got so fed up with them calling me. They only seem to call a couple of days after I have made a payment, (which is generally not enough for them due to late payment fees!)

 

I was thinking of just doing it like I have the Natwest claim, and then if it gets as far as filing then do it with the 8%.

 

To be honest I am not all that clued up on the contractual interest things and am more likely to mess that up I think.

[ukaviator]

Ok, it's up to you. There is a lot of help with that if you want to try. Could be a good amount on old charges at around 25% added to each charge.

Let us know if you decide to go for it.

 

Uk

[delta6370]

Ok will do, I will bear it in mind. Gonna send off for my statements and such like tomorrow and then see what that turns up

[ukaviator]

Ok. . Have a good look at the APR you have on the account, and see how high it is. Have a good evening.

 

Good luck

 

Uk

[delta6370]

Hi guys Me again

 

I got the SAR from them, and decided to go for CI, came to quite an impressive amount.

 

Sent the prelim, sent the LBA got offered the difference between what they had been charging me and the £12 benchmark, plus about £30 for inconvience, but given the grief they have caused I told them thanks but no thanks, I want the lot.

 

So have filed at court.

 

Meanwhile, I sent them a CCA request, they received this on 3 July and I have heard nothing back from them on this matter. But I have been receiving statements asking for payment, and also letters and now the phone calls have started again.

 

I did speak to them at one point yesterday and was told that until the account arrears are paid they will continue to phone me (do not call letters according to them don't matter), and that they have no legal obligation to send me a copy of my agreement until the arrears are paid.

 

I did suggest that she toddle off and go and read the guidlines, mentioned to her that they are in default, and that they are committing an offence, basically she laughed at me and said that I don't know what I am talking about.

 

I have looked, but I can't find a letter to write to them to tell them that they have gone massively over the 12 days, and the 30 days and that I am not obliged to pay them a penny until they come up with the CCA.

 

The reason I am chasing for the cca is that the balance is made up of charges, and of course now that it is over limit (due to charges) they are banging more on, which I believe they cannot do?

 

So can one of you nice peeps, please point me in the direction of the cough up the cca or feck off letter, or indeed draft it on here please?

 

Many thanks

 

Piffed of and very telephonically harrassed Delta x