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smiffy vs cap 1


smiffy66
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hi, please forgive my ignorance but i'm new to all this;) i am currently over my credit limt with cap 1 & am paying them £5/ month, which is all we can afford at the mo.

we sent the s.a.r. & received a letter back(17/05/07) which says that they are prepared to reduce £20 fees to £12(to be in line with there competitors!!!!) as a goodwill gesture. they have refunded £239 onto my account.

at first i thought that wasn't bad, however having found this site & reading some of the threads i wondered if anyone had any advice on if i can claim any more back:confused:

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hi, please forgive my ignorance but i'm new to all this:wink: i am currently over my credit limt with cap 1 & am paying them £5/ month, which is all we can afford at the mo.

we sent the s.a.r. & received a letter back(17/05/07) which says that they are prepared to reduce £20 fees to £12(to be in line with there competitors!!!!) as a goodwill gesture. they have refunded £239 onto my account.

at first i thought that wasn't bad, however having found this site & reading some of the threads i wondered if anyone had any advice on if i can claim any more back:confused:

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Smiffy

 

I would go for the lot. Loads of people on this forum have, used the tried and tested methods and you will not go wrong. If you have sent your prelim letter, then follow up with LBA which you will find in the bank templates library. You can combine this letter with rejection of their goodwill gesture. Any questions just shout and someone will be along to give advice and support.

 

glav:-)

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yes, the charges added up to £695 & my wife calculated the interest as £55.60. we were scared to pursue it any further with being over our limit.

theletter (17/05/07) does say that if they don't here from us in four weeks they'll consider the matter closed. am i still within my rights to push for the rest of the charges??

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hi, please forgive my ignorance but i'm new to all this;) i am currently over my credit limt with cap 1 & am paying them £5/ month, which is all we can afford at the mo.

we sent the s.a.r. & received a letter back(17/05/07) which says that they are prepared to reduce £20 fees to £12(to be in line with there competitors!!!!) as a goodwill gesture. they have refunded £239 onto my account.

at first i thought that wasn't bad, however having found this site & reading some of the threads i wondered if anyone had any advice on if i can claim any more back:confused:

 

A penalty fee is a penalty fee, it's either wholly unlawful or not unlawful at all. IMHO, when they do this they are admitting that they have taken money from you unlawfully but to get you to go away they'll give 60% back and ask you not to be naughty again!

 

Go through the charges properly, you can claim the interest back as well.

 

As for the letter giving you 4 weeks, provided you haven't signed anything, although not being a claims expert, I can't see any reason for not going down the formal claim route for all the charges and interest.

 

If you're having debt /creditor problems i'ld highly recommend having a good browse through the debt sections as well, there's lots of friendly people there (including me!) and we're always happy to assist.

 

Almost forget, welcome to the forums! :)

 

Good luck & best wishes, Dave.

 

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have donemy letter & spreadsheet charges come to £674 & £165.41 interest @ 8%. i have read in other threads where people are also claiming cci @ 28.02%. can anyone with a bit more experience advise on this please?

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  • 1 year later...

we have been making a minimum payment to cap 1 for over 12 months now, recently they sent us a finacial form to fill in. we never sent it back as it actually showed we shouldn't be able to pay them anything!!!

have now received a letter which looks like a default notice.

" you have broken your cap 1 credit card agreement because, by entering into a long term payment plan with cap 1 you have made an arrangement with your creditors for a compromise about how much you will pay them. this is a breach of your agreement as described in the section headed default

if you want to cancel you long term payment plan please contact us by letter or telephone within 28 days of this letter. if you cancel your long term payment plan then we will cancel this default notice, and the action listed below will not be taken.

if you chosse to cancel your ltpp you will be required to make at least the minimum payments required under your credit card agreement. you will also need to make arrangements to repay any overdue amount on your account."

it then has the stuff about default & not using your card etc.

i've been quite happy paying what we can afford to pay, they know we can't make the minimum payments as they suggested the ltpp in the first place. what happens if i don't stop the payments we've been making?

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Smiffy

 

Are there charges on the account? There must be quite a few before the arrangement was made.

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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there are charges on the account but unfortunately before we found this site we had S.A.R - (Subject Access Request)'d cap 1 and they reduced the debt by about £250.

 

 

Did they make you sign anything when they did that?

how much should the charges have been?

Can you scan and post the letter mentioned in post #1?

Is there anything in their T&C's that say that this will happen?

If so could you scan and post that too

Thanks

Belville

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:)Surely life can't get any worse it has to only get better from hear on out:)

 

LTSB- My claim like thousands of others is Stayed

Cap 1-See my tread about that one

Barclaycard- Won before court stage

GE capital -2 accounts and LTSB card letter asking for refund stage (Waiting for out come of the above to carry on with these ones )

Sars sent for all my mums accounts

About to start PPI claims on My Mums accounts

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  • 1 year later...

i had been paying capital one a token payment against a credit card, until they passed it to credit solutions last year. i sent them a cca request which they have not supplied. however i have now received a letter from cap 1 saying that my account has been returned to capital one & i should make payments to the account.

i haven't paid anything since the debt collection co. defaulted on the cca. what should i do?

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...
  • 1 year later...

i had heard nothing until february this this when i received a letter from cap 1 to say they had sold my account to arrow global ltd. i also received a notice of assignment letter from arrow global. i know i should have sent them the account in dispute letter but i thought i'd wait until they contacted me again, however i've now received this letter from their lawyers

img046.jpg?t=1305363039

 

i'm really panicing now, what should i do? i don't want to end up in court, should i send them both a copy of the account in dispute letter?

any advice greatly appreciated.

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I think you will have to start all over again.

In your post on 24March you say Cap 1 supplied a CCA, but the debt collector defaulted on the CCA.

Was the CCA Valid or not.

A little more detail will give the guys more to work on.

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Anthrax alert at debt collectors caused by box of doughnuts

 

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As Cerbs says, send these clowns that letter, whilst they are in default of your legal request they can't do anything, least of all go near a court.

Besides, court is NOTHING to worry about, if you look at it a bit like humans and snakes, as much as some of us are scared of snakes in reality the snake is far more scared of us and will do what it can to avoid coming into contact with us.

 

Exactly the same can be said about DCA's and courts..

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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All 2nd class post with "Proof of posting" from the PO counter, which is free!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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