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Cap One, SAR/CCA/Charges


delta6370
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Hi all.

 

I sent Cap One two letters, both of which were signed for on the 3 July. One was the SAR, which they complied with within the week. The other was a CCA, which to date they have not sent me.

 

Have sent prelim for charges (with CI), didn't hear anything so went down to Post Office with LBA yesterday. Came home to find an offer letter of the difference between what I paid on some charges and the £12 that they say they are sticking to, plus about £30 for the inconvenience of any interest I may have paid.

 

My biggest concern is that they have not replied to the CCA request, but have sent the regular statement to me requesting payment. It also said in the offer letter that I should continue to pay each month until the charges dispute is solved.

 

So what do I do about this statement? Do I pay it or ignore it as I haven't received the CCA? I am getting hopelessly lost with all this now.

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Firstly see this post about Cap1's charges.

 

Secondly, the CCA issue is entirley seperate and needs to be treated as such. On my reckonning they have until 15 August to comply with your request under the CCA although you should tell them that, as they have not replied by 15 July (12 days), the account is now in default and puruant to s78(6) of the CCA 1974 (as amended) they have no right to enforce it, specifically

 

1) they cannot (ansd must not) demand payment and you don't need to offer payment

2) they must not add and charges or interest to the account

3) they must not pass on any information about the account to any third party (especially any DCA or CRA)

Steven

 

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