Capital One Credit Agreement is it legal?

[Jhawc24]

Just drafting (filling in the blanks) the DPA request to Capital One.

 

I am also drafting a letter (which I found on another thread) regarding the phone calls they keep making to me even though I'm paying every month. They have stopped adding on 'over the limit' and 'late payment' fee to my account (how nice of them).

 

So my only concern is the fact that I didn't make any payments to them whatsoever for over five months - will this go against me if I need to take them to court? I got so cheesed off that even though I was making payments it just covered the charges they were adding on and not clearing any of the balance.

 

Anyway my original bill was around £250 and now I owe them nearly £600, Ive probably paid at a guess (will know when I get copies of my statements) about £250 into the account, so it's looking like Ive had a fair amount in charges and interest.

 

Luck and love to every1 x

[Tinkerbelle]

The charges are unlawful. Get all your statements for the last 6 years and claim them back!

[Jhawc24]

I know this has been a while. I got a letter from cap 1 in response re: phone call harressment in May. The letter was from Roberty Udy with a promise that my number would be taken off the automatic dialer (yeah right still receiving phone calls!). Since I also sent the DPA request letter at the same time, he responded to this by refunding 6 months charges to my account and promising no more added charges as long as I paid the agreed monthly payments on time.

 

The SO did not get paid on the the 20th I set the SO up so it was cleared well before the due date, so I rang today to pay by debit card 24th. I was told that my 'payment plan' was now out of date and that I'd have to arrange a new one. Also, it was going to take 4 days to clear the debit card payment I was making (even though she said that had gone through there and then) so my account would be over due a payment. She said they were adding on six charges!! not sure why and that further charges may be applied but they may be reduced to £12 per charge.

 

My response was to demand that they did not add any charges on as per agreement/letter from R.U. in May 2006, she said that was now out of date and I said no way was there any time limit stipulated in the letter.

 

So I am now preparing to send my LBA and demanding all my charges back plus another letter to R.U. to remind him he promised me no more phone calls.

[Jhawc24]

Letter re: phone call harrassment sent 2 Aug.

 

LBA letter sent 2 Aug for refund of charges plus interest charged on the charges.

[Tinkerbelle]

Ok... Did you send a Prelim at any stage? If not then I would suggest that once the 14 day deadline is up for your LBA, you send them a FINAL LBA giving them a further 14 days.

 

You have to appear that you have given them a reasonable amount of time to deal with your issues, if this was to ever end up in court - and there is always that possibility.

 

I am also assuming that you have all your statements to hand. Make sure that you claim back for EVERY single charge that has been applied to your account. You must also rememebr to deduct the monies that they have refunded. I would suggest that when you do your spreadsheet you make those deductions from the later charges.

 

Good luck!

[Jhawc24]

Advise taken tinkerbelle.

 

I've already sent the LBA so I cannot make any changes, I worked out all the charges plus interest charged using Vamp's spreadsheet. Then deducted what they have already refunded me from that figure.

 

I will send them another LBA on the 16 Aug.

 

I've just had yet another phone call from them even though I've got it in writing that I've been taken off the automatic dialer. Bring's a smile to my face when I refuse to answer any of their security questions and politely ask them to stop calling me.

:grin:

[Jhawc24]

Is it reasonable for me to stop making my monthly payments? I am reclaiming over £500 in charges and interest charged on charges yet my outstanding balance is as today £380, although they have written to me to say that they are going to start adding on further charges. They did freeze the charges for a several months as long as I made the monthly payments on time, which I have but now apparently this agreement as come to an end. They didn't state there was any time limit.

 

So should I continue with my payments or write and say I'm stopping payments as the account is in dispute? If I do this then they will add on further charges and maybe put a default on me. Apart from crap one I have no other credit issues so I really don't want a default.

 

Thanks, Joan

[Jhawc24]

I sent my first letter for reclaiming charges on the 2/8, and I should have followed up on the 16/8.

 

Problem is I moved house, had to wait 15 days to get back on line, went away on holiday, and then broke the wireless box when getting back and had to wait another week to get back on line.

 

So my question is as I've had no response whatsoever to my first request for payment is it ok to now my second letter LBA giving them another 14 days so late?

 

Thanx.

[Tinkerbelle]

I sent my first letter for reclaiming charges on the 2/8, and I should have followed up on the 16/8.

 

Problem is I moved house, had to wait 15 days to get back on line, went away on holiday, and then broke the wireless box when getting back and had to wait another week to get back on line.

 

So my question is as I've had no response whatsoever to my first request for payment is it ok to now my second letter LBA giving them another 14 days so late?

 

Thanx.

 

Yes. Send them your LBA giving them 14 days.

 

I am led to believe that Capital One are are now offering to pay the difference between the charge and £12. You may want to mention in your LBA that it's not acceptable. An example is here.

 

Good luck with it all, and you may as well type up your particualrs of claim while you wait for their sod off letter

[Jhawc24]

I tell a lie I have just had a letter from cap 1 dated 6 Sept that went to my old address. It's an apology for a seperate letter I sent re: phone calls. In it is an offer of £192, in full and final settlement! It says nothing re: difference between the charge and £12. So now ready to do LBA letter. Thanks for the link Tinkerbell but it seems to direct me to a thread re:default hell - so will have a look round to find a thanks but no thanks template.

Thank you.

[Tinkerbelle]

Link corrected

[Jhawc24]

Thanks Tinkerbelle I've reread the letter from cap 1 and it does not state in full and final settlement. It asks me to sign to say I'm accepting offer as closure of my complaint - not clear as to whether this is to do with complaint re: charges or re: telephone call harrassment, so I will tread carefully. Thanks.

[Tinkerbelle]

Ok. Well send off you LBA as usual. Tell them thanks for the offer but if the rest is not forthcoming in the next 14 days you're taking them to court.

 

Good Luck!

[Jhawc24]

Fourteen days almost up they have till tomorrow.

 

I have received a reply to my second LBA letter, refusing to reconsider their offer but giving me the opportunity to accept as settlement of my complaint.

 

So it looks like heave ho its of to court we go.

[Jhawc24]

Just a query my deadline is 6 October, now they have sent me the same offer again do I have to reply to that again with a as partial refund only? giving them another 7/14 days?

[Jhawc24]

Can anyone help before I submit my MCOL do I need to provide MCOl with a breakdown of what I'm claiming prior to submitting or can I submit and post it on to them?

 

Or do I provide this info if Cap One defend the claim? Will be sending another breakdown of what I am charging to Cap One with a covering letter will that be ok?

 

Any help kindly accepted.

[Tinkerbelle]

Can anyone help before I submit my MCOL do I need to provide MCOl with a breakdown of what I'm claiming prior to submitting or can I submit and post it on to them?

 

Or do I provide this info if Cap One defend the claim? Will be sending another breakdown of what I am charging to Cap One with a covering letter will that be ok?

 

Any help kindly accepted.

 

Submit your claim and post the breakdown to the court with a copy of the N1 and summons reference.

 

Alternatively, file it all at your local court with the breakdown attached.

 

Good luck!

[Jhawc24]

Thank you :grin:

[mmichael]

[First post here, drafting my letter to Capital One (600) and RBoS (1500), have sent to BoS (850).]

 

When Capital One offer only the difference between the 20 pound charge and the 12 pound OFT limit, surely there is still a claim on many of those 12 pound charges because they would not have been incurred if the earlier (illegal) charges had not been made. This would stand for both late payment and overlimit charges on the basis that had the earlier (illegal) charges not been made I (the claimant) would have had enough funds to make the payment on time...

 

It sounds good to me, and I will ask for the full amount of my charges.

[Jhawc24]

Any advice please, I have received a Notice of Default so have drafted the following letter - comments kindly accepted:

 

ACCOUNT REF. xxxxxxxx – DISPUTED ACCOUNT

 

IMPORTANT – YOU SHOULD READ THIS CAREFULLY

 

 

I refer to your Notice of Default dated 6 October, which I received on the 14 October.

 

As you are already aware the amount on this account is in dispute, I would refer you to my letters dated 2 August, 22 August and 13 October respectively all sent via Special Delivery and also to my County Court Claim dated 13 October Ref. xxxxxx.

 

I would refer you to The Banking Code Section 13.6 that states:

 

13.6 We may give information to credit reference agencies about the personal debts you owe us if:

·you have fallen behind with your payments;

·THE AMOUNT OWED IS NOT IN DISPUTE; and

·you have not made proposals we are satisfied with for repaying your debt, following our formal demand.

 

I would also remind you that you are members of The Banking Code and should abide by their guidelines.

 

Therefore I would also remind you that as the amount owed is quite clearly in dispute then you are not in a position to provide information on this account to credit reference agencies. Should you choose to ignore this letter which is being sent via Special Delivery / Signed for then I will have no alternative but to ask you to withdraw the default and will also make a complaint to The Banking Code Standards Board.

 

Sorry it's a bit long winded.

[Jhawc24]

Bounce - any suggestions on drafted letter?

[Jhawc24]

Re: Capital One!

 

I issued my court summons on 13 Oct. I received a letter next day saying they were going to default the account. I wrote back (all sent signed for) stating they can't default as account in dispute in accordance with banking code. Also sent a copy to Mr Uddy!

 

Received this morning Default notice and letter from Debitas. Seems we cannot ignore their letters but it's ok for them to ignore ours.

 

Any way, not had to request default removal before so if you guys can help.

 

1. Do I write a complaint to banking code to state the breach?

2. Do I take up a complaint with the FSA or banking ombudsman?

3. Do I need to add to my court claim to request removal of default as well?

4. Should I write to the three CRA's and state it cannot be recorded as account is in dispute?

5. Should I ignore Debitas letter or write and state account is in dispute and part of ongoing court action.

6. Any template letters for removal of default without referring to ongoing dispute over charges?

 

Sorry lots of questions, any help, suggestions greatly appreciated. Thanks, Joan

[nathal]

write to cap 1 and tell them to remove it.

 

you will get response from them and can forward to fsa

 

complain to fsa

imo

[Jhawc24]

Just received a Default and letter from Debitas even though I wrote to them saying no way account is in dispute.

 

Also noticed that the amount as increased so they obviously have put another two charges on account.

 

Can I had these onto my current court claim?

 

Thanks Joan

[Tinkerbelle]

Have you already submitted your court claim? If not then add on that you want the default removed as part of the settlement.