garygumps v Capital One***WON***

[garygumps]

Right I'm starting this fight on behalf of my brother. He's got into a terrible mess with his account and has exceeded credit limit and missed a few payments due to financial difficulty. We've had all the multiple phone calls per day and nasty letters (harrassment in my opinion). All the penalties and such have made the balance worse. He does not use the card anymore, so I wrote to them offering to help (I also have an account with them which has a good record, no fees or anything). I asked them to maybe freeze the account/interest to give us some time to sort something out.

 

Got back snooty reply basically. I don't think they're interested in the balance getting paid off as they see this as easy money with penalties. Well, its payback time:p

 

SAR sent today.

[ukaviator]

Well done Gary. When you get the statements back, claim Contractual interest as well. If there is a default because of the charges, then ask for that to be removed as well. Let us know how you get on.

 

Uk

[garygumps]

Received package of statements etc. yesterday and have just finished going through them.

 

That screen dump bollocks for memos and stuff with all its incomprehesible codes and shorthand is too much bother to go through for me at the minute:o (not sure if there any useful info on that anyway TBH).

 

So I have concentrated on the statement details. Not as bad as I suspected as most of the trouble seems to have been within the last year really. The total for Overlimit/Late Payment charges comes to £262.00.

 

What has really shocked me (and always annoys me:mad: ) is that my brother agreed to pay PPI (Payment Protection Insurance) when he opened the account:o :o . I have had this cancelled from last month when he first asked for help. But adding up the total he has paid in this totally useless insurance comes to £566.00.

 

I have a couple of questions.....

 

1- Seeing as the fee total is relatively low, is it worth going for CCI, or are Capital One more likely to pay up quickly if I just go for the amount without interest?

 

2- Anyone any advice/opinion on getting back the PPI premiums. I presume that interest would have been charged on these premiums and so contributed to the overall balance.

 

Gary

[garygumps]

Ok, I've used Vampiress' spreadsheet 2 (with contractual interest) and the total claim comes to £390.

 

Pretty low amount compared with some, so hopefully Capital One will pay up quickly...........yeah as if

 

Will be sending prelim letter on Monday.

 

 

Gary

[rockinrodders]

Hi,

 

Unfortunately I think you will be very lucky if Cap One payout early just because of the small amount. The standard offer if £6 per charge which is the difference between £12 OFT maximum and the £18 they usually charge.

 

They don't usually offer anything after that until well into the court stage.

 

My claim for charges alone was only £350ish and with compound contractual it was pushed up to just over £2000.

 

I told them I wasn't bothered about the money and just to remove the default, but I still got the standard offer of 1/3 of the money but nothing about the default, so Moneyclaim goes through on monday for £2000

 

Serves them right for not reading letters and just writing automatic responses!

[garygumps]

Preliminary letter sent off today recorded delivery.

 

£262 charges + £128 CCI = TOTAL £390

 

Looking forward to hearing from Mr Uddy!!!!!

[garygumps]

Received SCOFO1 (Standard Capital One Fob Off Letter #1 ) yesterday 27th June. Ellie Renshaw seems to be the Grande Fromage in the office these days!! You know, the usual one about "our charges are fair and just but as a gesture of goodwill:rolleyes: , we'll credit your account with the difference between £20 & £12..........".

 

On my total claim for £390, their gesture of goodwill comes to a MIGHTY £56:lol:

 

So, its off to the rejections templates then. Is the general agreement amongst us Capital Oners that I accept the £56 only as partial settlement and continue for the whole amount?

 

Gary

[ukaviator]

Yes rejection letter next. There is a template letter in the Bank Templates Library.

 

Uk

[garygumps]

Ok, ready to send off rejection letter today. I basically amalgamated a rejection letter with an LBA. Is this OK? I wrote I would accept the £56 as part settlement only and reserved the right to pursue for the remainder all the way to the County Court if needed. I also then gave them another 14 days to cough up the rest.

 

I have noticed that another overlimit fee was debited on my account after I had initially sent the Prelim & schedule of charges, so I added this on to my schedule and will enclose a revised copy. I also used the new figures in the letter (less the £56 of course).

 

Anyway, this leads me to a question about the spreadsheet (Vamps # 13).

 

For my bank claim, I used the simple Works sheet which updates itself each time you access it because the formula uses that days date (NOW) to calculate the interest. When I added in a new line in the Google sheet, it just seemed to add on £12 for the charge and an interest amount for that charge from my original date of claim (which was 18 June).

 

Before I send all this off, is it the right way that I update the spreadsheet figures by changing the date of claim to now?

 

Many thanks

 

Gary

[garygumps]

Well, I'm sending Rejection/LBA tomorrow with a revised schedule (with another charge added).

 

By all accounts on other threads, I'm going to have to wait another few weeks and then issue an online claim before I get any further action. Ah well.

 

At least I've got my other current account claim going to play with in the meantime.

 

Regards

 

Gary

[garygumps]

Well, got standard bog off letter from Cap One, the ".....we wont be increasing our offer blah blah blah and this is our final response".

 

Off to online claim then at the start of the week.

 

Just one question about the particulars of claim. I am claiming contractual interest (CI), can I also claim the 8% S69 interest ON TOP of the contractual interest? My figures on Vamps #13 are .....

 

£274 charges

£128.35 CCI

 

Do I need to put the charges into a new spreadsheet which doesnt calculate the CI but only the 8% to work out that figure?

 

I hope I make sense with this question.

 

 

Gary

[ukaviator]

Hi Gary

 

You can only claim the 8% if your not claiming CCI. It's one or the other.

 

Uk

[garygumps]

 

You can only claim the 8% if your not claiming CCI. It's one or the other.

 

Uk

 

Thanks ukaviator. Does that mean on my claim form I leave the interest bit blank then and lump the CCI along with the charges as the amount I am claiming?

[ukaviator]

Yes. . just make sure you word the POC with the 8% as an alternative to CCI. If it ever went to court and the judge was unhappy with the CCI, at least you will have something to fall back on.

 

Uk

[garygumps]

Claim papers posted today:)

 

£274 charges + £138.09 CCI + £52 fee

 

Gary

[ukaviator]

Ok Gary. . just the wait now.

 

Uk

[garygumps]

Received information pack back from Small claims court.

 

Return date 14 September 2007.

 

Hopefully hear from CapOne in about 3 weeks?

[garygumps]

Chalk another victory up to the good guys! I've WON!!!!

 

Received letter today dated 14th advising that full refund would be debited into my account that day (which it was).

 

Unfortunately it will just reduce my balance and I will not actually get any cash in my hand, ah well!

 

Might go after the PPI now:p

 

Can a mod please contact me about claim details for the database and change / move thread to success status??

 

Gary

[rockinrodders]

did they pay out the full amount for CI?

 

well done by the way

[garygumps]

Hi 'rodders.

 

Yeah they paid out in full everything I claimed for. I used one of Vampiress' spreadsheets (no.2 or 13 ) "with CCI from the start":)

 

must admit that the whole process with Cap One was pretty painless. They dont seem to put up much of a fight really.

 

Gary

[ukaviator]

Well done. . .congratulations.

 

Don't forget the survey and a donation to keep the site going. Great news, CCI as well..

 

Uk

[garygumps]

Flushed with success of claiming back unlawful charges, my attention is now on £500 odd PPI that was levied.

 

After a bit of research on this site and MSE, I believe my only cause for misselling would be the fact that Capital One were fined by the FSA in Feb 2007 for not having adequate and fair proceedures regarding PPI.

 

Now, heres my question. The FSA based their findings on a period Jan 2005 to April 2006. My account was opened 2002. Is it safe to assume that the same faults that Capital One were fined for were in place earlier than the period that the FSA investigated? And this would be safe grounds for reclaiming PPI premiums.

 

I have not written to Capital One yet asking for a copy of application/agreement yet so do not know if I ticked any boxes asking for PPI, but is the crux of my argument that they did not follow up by sending full policy details for my information?

 

Gary

[garygumps]

Flushed with success of claiming back unlawful charges, my attention is now on £500 odd PPI that was levied.

 

After a bit of research on this site and MSE, I believe my only cause for misselling would be the fact that Capital One were fined by the FSA in Feb 2007 for not having adequate and fair proceedures regarding PPI.

 

Now, heres my question. The FSA based their findings on a period Jan 2005 to April 2006. My account was opened 2002. Is it safe to assume that the same faults that Capital One were fined for were in place earlier than the period that the FSA investigated? And this would be safe grounds for reclaiming PPI premiums.

 

I have not written to Capital One yet asking for a copy of application/agreement yet so do not know if I ticked any boxes asking for PPI, but is the crux of my argument that they did not follow up by sending full policy details for my information?

 

Gary

[gorge]

I'm in the same position as you so I will watch your thread closely!

 

Good luck

[ukaviator]

Hi Gary

 

This seems to be a common problem with most banks and Credit Card companies. You say you require PPI by ticking the box on the application form, but where is the actual form to fill in the details of any medical issues for instance. Someone with a condition may not know that their problem will not be covered, unless they read the small print. That's if they ever received the booklet in the first place. Worthless insurance at £1 or more per £100 outstanding can be found for around £0.30p if you shop around.

 

Uk