## Survivor -v- Cap One ##

[survivor]

I sent of my SAR earlier this year (January) and have not yet rec'd a reply

Due to other commitments and a succesful claimfrom Halifax, I let the Cap One claim slip a little (or a lot really) and have only just got round to calling them to chase my stmts. Spoke to someone called Dipti on the enquiry number and have been assured that the stmts will be sent out within the next 21 days...

However, when i first set the ball rolling, I believe that Cap One were refunding claims to the full £20 as opposed to the £8 per unlawfully taken fee that they are now refunding. My questions are:

1. Are Capital One refunding at £20 per charge, or are they using theOFT amount of £12 being fair and only refunding the difference?
   
2. If they are only refunding £8 per charge, when did the start with this amount?
   
3. If, as I believe, they have only been refunding £8 per charge since I sent my original SAR, would I have a chance of reclaiming £20 per charge??

I accept that I am to blame in any delay, but I will find it really irksome if due to my inactivity it has cost me £12 per charge...!!

All responses greatly appreciated..

Survivor

[alex_the_lad]

I would proceed with the claim in much the way you will have done with Halifax - don't allow Cap1's claim that 12 quid is a fair charge to put you off. You should insist on reclaiming all of the charges unless they can prove that it actually costs them 12 quid to process overlimit charges etc. (they don't seem willing to prove this!)

 

Also in working out how much to claim from Cap1 I would seriously think about claiming contractual compound interest (CCI) too. If you look at my thread (Alex the lad v Cap1) you will find a post from UKaviator with a useful link to a spreadsheet for CCI.

 

From what I've read up on this forum - Cap1 will first offer to refund the difference between what ever they've charged and 12 quid. But don't accept this.

 

It will mean eventually having to start court action, but the experience of other members on this forum tells us that Cap1 will settle before the case gets to court.

 

I gather that Cap1 will claim that the Office of Fair Trading told them 12 quid was a fair charge (or at least claim there is no obligation on them to charge less than 12 quid). I don't feel that Cap1 are right in assuming that it's okay to charge 12 quid. The following quote is an extract from a statement that the Office of Fair Trading made on the 5th April 2006:

 

‘We expect card issuers to recalculate their default charges in line with the principles in our statement to achieve consistency with unfair contract terms legislation. We have decided that, as a provisional step, it is appropriate to give priority to addressing default charges which exceed a simple monetary threshold of £12, in line with our duty to use our resources to tackle contract terms that have the potential to cause the most serious harm to consumers. We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold.’

 

I think it pretty much spreaks for itself!

 

Good luck! As I'm sure you already know - you will get 'um in the end!

[steven4064]

Alex's post is absolutely spot on. Don't let Cap1 pull the wool over your eyes.