Capital One

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  • weenireeni
    weenireeni Posts: 1,464 Forumite
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    Ive tried to read as many threads as possible, so i hope im not repeating what someone else has asked!

    A few years ago i got a capital 1 card with £200 limit. due to circumstances i didnt pay it back. a few months ago they got in touch with me (id moved house and forgotten about them!) and said i owed £850 due to interest. ive been paying back £80 a month. am i eligible to claim this back? im actually paying a DCA, not capital 1. plus i havent got any 'receipts' for how much ive paid to the DCA, as its been direct debit.

    help!!!!
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  • fairmorn308
    fairmorn308 Posts: 1,530 Forumite
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    i got my statements thru and added it all up but before i send them a letter with all the charges do i add the interest rate ontop of the amount?
  • Edinburghlass_2
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    Have a listen to Martin's Musings regarding adding the interest...

    Charge interest on top
    If you won via the courts, you would be entitled to add 8% interest (not compounded) on top from the date you were ‘first deprived’ of the money (i.e. the date of each charge). Therefore you may want to ask for the interest as part of the initial claim. It's important to understand that you are not legally entitled to interest unless you win in court, yet all prior letters are a tool of negotiation; think of it a bit like haggling.

    You may get lucky and get the interest on top, but even if not, the legal feedback I've had is that it’s one route to pushing the bank to settle quickly so it can offer to pay you without the interest. Of course there is a risk that asking for too much makes them less likely to settle too - sadly this is an art not a science. This isn't an easy concept so I've recorded a quick audio file which may help explain it.
    For those who do want to ask for interest, I’ve had the calculator below specially built to work it out for you and included it as an option in the template letters later. However, if you'd prefer to play safe simply ask for the charges without interest in the early stages.
  • fairmorn308
    fairmorn308 Posts: 1,530 Forumite
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    what i mean is the interest they were charging me on the credit card?
  • Edinburghlass_2
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    what i mean is the interest they were charging me on the credit card?

    No, you can claim for late payments or going over your credit limit but not the interest they charge you for using a credit card.
  • fairmorn308
    fairmorn308 Posts: 1,530 Forumite
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    ok thank you for that.
  • tripled
    tripled Posts: 2,879 Forumite
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    Has anyone had problems getting statements from Cap 1 under DPA? I wrote to their Euston Road address on 10/01/2007, but according to the Royal Mail the letter hasn't been delivered yet.
  • Rex_Mundi
    Rex_Mundi Posts: 6,315 Forumite
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    tripled wrote:
    Has anyone had problems getting statements from Cap 1 under DPA? I wrote to their Euston Road address on 10/01/2007, but according to the Royal Mail the letter hasn't been delivered yet.

    You need to take this up with the Royal Mail. Ask them why your letter hasn't been delivered.

    The bank has 40 days to respond once they receive your request.
    How many surrealists does it take to change a lightbulb?
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  • Partner currently pays £125 a month to All Clear Finance to pay various debts including Cap 1. Alot of the balance I feel is down to charges. If so can he claim these back? He thinks as he has an "agreement" through All Clear Finance he cant.

    Thanks
  • dazed_and_confused_2
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    wendy, i'm not an expert on the topic but i beleive he should be able to reclaim charges

    also, capital one have had their 14 days since I requested they pay back my money and i haven't heard from them. should i send another letter or go straight in and start the court process?

    any ideas?
    harder, better, faster, stronger
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