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Me vs Capital 1 - HELP!


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Hi everyone, I was hoping someone can point me in the right direction, I have already received my statements and calculated the amount in charges, I sent my first letter on 22 May (below) and I am yet to receive a response. Can someone please check my letter below and also the spreadsheet and let me know if I have done this right???

 

(My Address)

 

Strictly Private & Confidential

Ms Jessica Dubbeld

Capital One Bank

Legal Department

4th Floor

Loxly House

Station Street

Nottingham

NG2 3HX

 

 

22 May 2007

 

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: ****************

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

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 am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £754.00 of charges. I am claiming this amount plus interest at the rate of 8% per annum from the date of each individual charge. I enclose a schedule of the charges which I am claiming with this letter

 

Additionally you have entered unfavourable entries on my credit record. These entries occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you amend the adverse entries from the register or alternatively remove the account from my credit file all together.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

Yours faithfully,

 

 

 

Rhys Wordsworth

Work Number: ****

Email: *****

Rhys Wordsworth Capital 1 Bank ************************* SCHEDULE OF CLAIM FOR CHARGES PERIOD: 22/03/2002 TO 03/03/2004 In Respect of:AmountDate IncurredDays since offenceInterest 8% APROverlimit Fee Charged£18.0022/03/20021900£7.52Late Payment Fee Charged£18.0028/03/20021894£7.50Overlimit Fee Charged£18.0022/04/20021869£7.40Late Payment Fee Charged£18.0029/04/20021862£7.37Overlimit Fee Charged£18.0022/05/20021839£7.28Late Payment Fee Charged£18.0028/05/20021833£7.26Overlimit Fee Charged£18.0022/06/20021808£7.16Overlimit Fee Charged£18.0028/06/20021802£7.14Late Payment Fee Charged£18.0022/07/20021778£7.04Overlimit Fee Charged£18.0022/08/20021747£6.92Late Payment Fee Charged£18.0028/08/20021741£6.89Overlimit Fee Charged£18.0023/09/20021715£6.79Late Payment Fee Charged£18.0030/09/20021708£6.76Overlimit Fee Charged£20.0022/10/20021686£7.42Overlimit Fee Charged£20.0022/11/20021655£7.28Late Payment Fee Charged£20.0027/11/20021650£7.26Overlimit Fee Charged£20.0023/12/20021624£7.15Late Payment Fee Charged£20.0028/12/20021619£7.12Overlimit Fee Charged£20.0023/01/20031593£7.01Late Payment Fee Charged£20.0028/01/20031588£6.99Overlimit Fee Charged£20.0021/02/20031564£6.88Late Payment Fee Charged£20.0027/02/20031558£6.86Overlimit Fee Charged£20.0006/06/20031459£6.42Late Payment Fee Charged£20.0012/06/20031453£6.39Overlimit Fee Charged£20.0007/07/20031428£6.28Late Payment Fee Charged£20.0014/07/20031421£6.25Overlimit Fee Charged£20.0006/08/20031398£6.15Late Payment Fee Charged£20.0012/08/20031392£6.12Overlimit Fee Charged£20.0005/09/20031368£6.02Late Payment Fee Charged£20.0011/09/20031362£5.99Overlimit Fee Charged£20.0007/10/20031336£5.88Late Payment Fee Charged£20.0013/10/20031330£5.85Overlimit Fee Charged£20.0006/11/20031306£5.75Late Payment Fee Charged£20.0012/11/20031300£5.72Overlimit Fee Charged£20.0008/12/20031274£5.61Late Payment Fee Charged£20.0013/12/20031269£5.58Overlimit Fee Charged£20.0006/01/20041245£5.48Late Payment Fee Charged£20.0012/01/20041239£5.45Overlimit Fee Charged£20.0003/03/20041188£5.23 £754.00 £257.19 £1,011.19

Any advice would be much appreciated as I really want to take them to the cleaners!!!

I did call the customer ralations number today and they said I didn't have all the security answers, they offered me an address to write to but I refused and said I would be taking the matter to court!!

Many Thanks

Rhys

 

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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Looks like my spreadsheet didn't really paste the way I wanted it to but you get the picture!

 

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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I would not ask them to amend the CRA entries. Ask them to remove them altogether.

 

They should not have put them there in the 1st place.

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

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Cheers,

 

the entries are 1,2,3 and 4 months in arrears of payments, can these still be removed?

 

I used to work in an industry that required manual amendments of cais entries so I know it can be done, a couple of years ago I sent them a letter asking them to remove the entries but received no responce, I wish I had followed it up at the time but assumed that they wouldn't do it.

 

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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They will argue with you about it, but if they have no authority from you to process your data (ie a properly executed agreement) then they should not have passed any data to a 3rd party.

 

Keep the request for removal of the adverse entries in with your claim for refund of charges and you will get it removed.

 

Did you send them a CCA letter?

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

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No I have niot.

 

What are the main points of a DCA letter?

 

IO dont think I have valid grounds on which to appeal the entries as contained in my statements, I did not make payments for months on end...

 

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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The CCA templater is here

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Letter N.

 

Don't worry about whether you didn't pay for months on end. Just gather all the info first and then ask for further advice.

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

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  • 2 weeks later...

Hi Mate,

 

had a little think and decided that for now I will just pursue my bank charges and then when I win my money back I shall challenge them for the removel of the entries from my credit record.

 

I can still do that cant I?

 

They have uintill tomorrow to reply to my LBA!

 

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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They are very, very unlikely to go to court over your fees. To do so would leave them open to having to prove their fees reflect their costs. As we all know, they can't do this.

 

If you make the adverse CRA entries part of your fee reclaim case, unless they want to step inside a court room with you they will settle out of court and remove the CRA entries.

 

Also, if you send a CCA letter and they can't produce a correctly executed agreement for your account, then they are doubly stuffed :)

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

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If your trying for default removal as well, you should keep your claim as one package. Default removal because of the charges, and your charges returned. You must keep this intact as when they payback the charges, the default notice will be left off the settlement. Trying to get that removed on it's own is hard work. Let us know if you need any help with the removal.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Its not actually a defult, just 1's 2's 3s and 4s (late with payments). And I was late with my payments and sometimes didn't pay for months so I'm not certain that these should be removed anyway...

 

What you reckon?

 

In my letter before action I included this and stated that I wanted them either altering or removing the account altogether, so I shall put this in my particulars of claim when issuing my claim form???

 

Cheers

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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  • 2 weeks later...

Just to let you know, I lodged my claim on 28th June... £1,140 after interest and court fee!! They should have settled!

 

I look forward to their defence/offer of settlement in full!

 

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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  • 2 weeks later...

Hi, right, just got back from holiday and I have received Notice that Acknowledgement of Service Has Been Filed, cap 1 intend to defend all of the claim.

 

The defendant has 28 from 11.07.07 to file a defence.

 

What do I do now???

 

Also, I have read the Basic Court Bundle Thread which suggests that you need to include the terms and cond for your account, I have stupidly thrown these away, do I need to contact them and ask for them to be sent again? This might confirm to them that I have no idea what I am doing!

 

Cheers

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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Hi, right, just got back from holiday and I have received Notice that Acknowledgement of Service Has Been Filed, cap 1 intend to defend all of the claim.

 

The defendant has 28 from 11.07.07 to file a defence.

 

What do I do now???

 

Also, I have read the Basic Court Bundle Thread which suggests that you need to include the terms and cond for your account, I have stupidly thrown these away, do I need to contact them and ask for them to be sent again? This might confirm to them that I have no idea what I am doing!

 

Cheers

Rhys

 

Hi Rhys

 

This is ok. They normally say they will defend and just pay out. Check your account every day now. You're nearly there judging by their history.

 

uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Cheers uk, but what if they don't and I don't have the terms and conditions?

 

Should I ask for them again just in case?

 

Rhys

Halifax:

Claim: £421.00

Letter sent 16.05.07

Rejected my claim 18.05.07;

LBA sent 05.06.07

Capital 1:

Claim: £764.00

Letter sent 22.05.07

No responce

LBA sent 05.06.07

Abbey:

Requested statements 06.06.07

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I have a set of T&C's on my PC at home if needed. Should hear something any day now.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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