Capital one & buchanan clark & wells

[mrsc]

Hi not sure if this is in the right place the story so far is

8thJuly 2005 received letter from BCW regarding Capital one balance due £360.00 our client is prepared to assist you in claering this debt by offering favourable terms 12 payments of £30 which was paid as requested by standing order (this bit I feel really stupid I forgot to cancel Standing order and paid a further 7 months @ £30.00 £210 over the agreed balance)

I have written to them regarding this asking for the overpayment back 2 letters and one e-mail have had to responce to either

Have since sent SAR to capital one 12th July 2007 received list of transactions and charges also records of manual intervention (this just confuses me don't understand it at all)to cut a long long story short

used the card spent £187.23 credit limit £200

then they added

Card Protect £29.00

Payment protection Insurance £2.34

Annual Fee £29.00

over limit charge £18.00

then it spirelled out of control from there one year later I am owe them £782.49

No mention of the money paid to BCW should I now send a SAR to BCW

i have paid £632.00 in total for this debt.

[gizmo111]

It seems you have 2 seperate issues going on here - one is claiming back the charges from Capital one - which you need to total up and claim as normal.

The other is the overpayment you made to to BCW - who did you ask for this money back from?

[mrsc]

Hi I wrote to BCW they haven't even acknowleged my letters I also sent an email on their website have had no reply to that either first letter

dated 28th Feb 2007

Second 21st March 2007

Email 6th June 2007

Not sure what to do now with regards to the overpayment made to BCW.

 

I will claim the charges etc from Cap one still have to figure out how to do spreadsheets complete novice at this.

[elizabeth1]

Mrsc - send the SAR to BCW with the £10 fee - they should send you all of the data they hold about you etc.. (They should have all the CAP1 statements amongst it)

 

It's also worthwhile £1 for a CCA request to CAP1 - asking for a copy of your agreement and see what they actually send to you - many people are just getting copies of "copy & pasted" application forms back off them

 

If this is the case you can go after the Interest charged on this account too (cause there wasn't an agreement in place - account is uneforceable they shouldn't profit from your account due to this) - were you being charges PPI insurance on this account? - if it was mis sold there is room to ask for that back too. Also you should be able to chase back the over payment too.

 

Once you get your info back you can then plan which way to go with it etc.. - you could report BCW to the FOS for the overpayment and they may help you get it back if you didn't want to issue court claim against them.

[mrsc]

Hi Just done a quick tally

over limit fees and late fees Total £447.00

Payment protection £ 33.87

Interest £89.39

[mrsc]

Okay received a reply regarding my CCA request sent 31st July,they can't act on the request as I now live at a different address (however they did send all my data to my new address) in order for them to proceed they will need to see my signature along with a utility bill dated within the last 3 months.

Bit confused they sent all my data to this address dated 19th July,just a bit worried about the signature bit any advice? Should I just reply that they have already sent all my data to this address and send the utility bill.

[elizabeth1]

LOL - OK so let's just pretend they know what they are doing ?

 

Just send the stuff they request etc.. and see what they come back with - I have PM'd you

[mrsc]

Thanks for the advice will do what they ask for thanks for the pm advice noted.will kepp you updated on my progress.

[mrsc]

Okay I have posted my last phone bill (Maybe they will pay it for me haha) and I have signed as suggested:wink: see what they come back with after that will keep updated (wow I managed to spell that right this time)

[elizabeth1]

Interesting times ahead me thinks Goodluck!!!

[mrsc]

Just a quick update

Sent CCA to Cap one 31st July sent proof address 13th aug still not received anything.

 

sent BCW SAR 31st July nothing back from them either

 

Just starting to get a bit fed up now,I want back what I overpaid them I will just have to be patient I will get there eventually.

[mrsc]

going to send non compliance of SAR letter to BCW do I report them to information commisioner as well?

[elizabeth1]

going to send non compliance of S.A.R - (Subject Access Request) letter to BCW do I report them to information commisioner as well?

 

 

Yes you can go ICO with complaint too

[mrsc]

That's it done.

Had a small problem with computer this afternoon the graphics card went and died on me but me being me had an old one from another computer so back on again.

Thanks Elizabeth1 for the advice much appreciated.

[elizabeth1]

good luck!!

[mrsc]

Still having problems with computer.

 

Got a reply from Cap one

 

Credit agreement: copy of current terms and conditions no name address or signature on this and the charges are different to what I have on my statements.

 

Default notice : copy of a default notice no name address etc

 

Statement of Default : copy of a statment of default as above with no personel details on this either.

 

Question one should I of received a copy of the terms and conditions re my account at that time 2001-2002.

 

They have stated in the letter they are not required to provide a copy of default and statement of default, but that they can confirm that the default notice was issued 8th july 2002 and statement of default was issed on 29th July 2002.

They have sent templates of the notices I would have received.

 

Not sure what to do now:confused:

[elizabeth1]

Still having problems with computer.

 

Got a reply from Cap one

 

Credit agreement: copy of current terms and conditions no name address or signature on this and the charges are different to what I have on my statements.

 

Default notice : copy of a default notice no name address etc

 

Statement of Default : copy of a statment of default as above with no personel details on this either.

 

Question one should I of received a copy of the terms and conditions re my account at that time 2001-2002.

 

They have stated in the letter they are not required to provide a copy of default and statement of default, but that they can confirm that the default notice was issued 8th july 2002 and statement of default was issed on 29th July 2002.

They have sent templates of the notices I would have received.

 

Not sure what to do now:confused:

Default notices should be relevant to YOU & YOUR ACCOUNT = otherwise could be to anyone over anything?

 

Terms and Conditions rec'd ought to be as they were at issue date of card - later ones aren't applicable at all - (how could you in 2002 agree to be bound to the T&C's in 2007 ?? Cap1 are trying it on!!! )

 

Templates are not appropriate at all - you should also ask them for proof of postage.

 

I will PM you shortly

[mrsc]

can anybody help me please getting really confused by all thisSo far all they have sent is templates of default notice and a credit agreement (copy) no names or signatures etc. and print outs of screen images.Credit agreement no relevnt to me as ther charges are different.Now when I sent my SAR and got copy statements the last one is dated 28/06/2002 and the total on it is £782.49 now looking at the screen printouts there is one for charge off 27/07/2002 total £818.49Statement of default 29/07/2002 letter generated.Not sure what all this means.Do I ask for all charges plus interest.All PPI charges as ther is no signed CCA.Sorry if I am asking dumb questions just can't get my head round this at all

[mrsc]

still struggling but thought I would fill out spreadsheet with contractual inerest first of all complete novice when it comes to speadsheets now the first problem was that I couldn't get the date in the first column. the second being the rate of interest I put 23.2 % as per the crdit agreement that they sent me which I think is a recent one my account started in 2001 but not sure of the interest rate then.

[elizabeth1]

can anybody help me please getting really confused by all thisSo far all they have sent is templates of default notice and a credit agreement (copy) no names or signatures etc. and print outs of screen images.Credit agreement no relevnt to me as ther charges are different.Now when I sent my S.A.R - (Subject Access Request) and got copy statements the last one is dated 28/06/2002 and the total on it is £782.49 now looking at the screen printouts there is one for charge off 27/07/2002 total £818.49Statement of default 29/07/2002 letter generated.Not sure what all this means.Do I ask for all charges plus interest.All PPI charges as ther is no signed CCA.Sorry if I am asking dumb questions just can't get my head round this at all

 

 

Can you scan and post on here a copy of the CCA - cover your personal info etc.. this way we can see what you mean. It can't be YOUR CCA if it hasn't your name and isn't relevant to you / your account.

 

The charges in your statements will reconcile with your screen printouts - if there are descrepancies - you could write and ask why this is so - don't expect an answer though Cap1 are experts at messing about. But it really should be standard that each charge is represented in the printouts with no descrepancies.

 

Contractual interest I don't have a clue about to be honest - I did the 8% to lessen their argument with me.

 

Have a look on the statements as there ought to be a percentage rate being charged to you written into statements each month cause they ought to be telling you what they were charging you and showing the rate.

 

If the CCA isn't enforceable etc.. you do have room to reclaim the interest they charged you too. There is a link in my signature - click into it and read it - it may help you - it shows where I am arguiing the CCA related stuff etc.. with Cabots / CAP1 too. (if my signature doesn't show in my post - click my name on the left side of this post and you'll be able to see my signature contents)

 

Hopefully someone else with more experience may come along and help you.

[mrsc]

aring and Video Hosting at Photobucket">

 

This the first time I have tried this hope it works.

[mrsc]

Can anyone tell me if I have done the uploading right please as this is all new to me.

 

I even managed to get myself an avatar whopeee.

[ukaviator]

It's a bit untidy, and 2 of the links go to the main page Mrsc. . You can make out the small print when you zoom in, but we need the other page to look at, to see if anything is missing from the paperwork ..

[mrsc]

Sorry Uk

 

What other page ? it is on 1 page back and front,it is actually too large for the scanner so has been folded.

 

Please bear with me this is the first time I have used photobucket any hints would be appreciated.

 

ps I am quite slow at all this:confused:

[ukaviator]

That's ok, take your time. You should have a page with all of the figures and signatures on. .