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## Survivor -v- Cap One ##


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

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 :cool:

If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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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!

:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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