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Capital One Ripping me off!!

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  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    exel1966 wrote: »
    The FACTS are that you're leading people astray into believing they can avoid paying what they legally owe and at the same time promote companies through links (which you were forced to remove by the mods) which also con people into believing such rubbish whilst relieving them of vast amounts of money.

    You'd make a great politician ;)

    Ermmm hello, I was not forced to do anything actually.... It was mentioned there was a link (edinburghlass) and it was removed by me at my own free will. Again, facts my son, facts :confused:

    Legally owe? Ermmm, please read last post - I thought I explained they would not legally owe it!

    i'd make a good debt councellor - thats what I think. I am anti-banks, they have gotten rich from us for years and now its our turn to screw them over - and you know what? Good! They deserve it. :p (legally of course)
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • exel1966
    exel1966 Posts: 5,056 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Ermmm hello, I was not forced to do anything actually.... It was mentioned there was a link (edinburghlass) and it was removed by me at my own free will. Again, facts my son, facts :confused:

    Legally owe? Ermmm, please read last post - I thought I explained they would not legally owe it!

    i'd make a good debt councellor - thats what I think. I am anti-banks, they have gotten rich from us for years and now its our turn to screw them over - and you know what? Good! They deserve it. :p (legally of course)

    You were told to remove it, before it was removed for you ! FACT ! You've explained lots of nonsense but NOT ONE FACT as we've discussed before.

    Yes legally owe and come to think of it, morally, but morals are something you tend not to have aren't they NID.

    I love banks and credit cards, they make me lots of money :p
  • chuckley
    chuckley Posts: 4,405 Forumite
    Part of the Furniture
    edited 25 April 2009 at 8:00PM
    wrong post. sorry.
  • davethorp
    davethorp Posts: 1,578 Forumite
    Part of the Furniture 1,000 Posts
    Jesus what a thread. Just read through it and frankly the fact people attacked the OP for something that is clearly capital one's error is unbelievable.

    The direct debit guarantee states that if the payment date changes they have to provide 10 working days notice. FACT

    Capital one took the DD on a different day to the one that was prearranged. FACT

    They then charged the OP for what amounts to their error. FACT

    Some people then decided to be total scum to a newcomer by berating them for not being psychic and knowing capital one were going to breach the direct debit guarantee. FACT

    One person made a comment that matches what I do with my DDs. I put the money to one side most of the time in my savings account and transfer the money back over one or two days before the agreed direct debit date. Had anyone I pay a direct debit to done what they'd done to the OP to me I'd have been straight on the phone to natwest getting them to recall the payment under the guarantee and I certainly wouldn't be paying any charges for it!

    Perhaps what worries me more about this thread are two poster have mentioned companies charging administration charges to change the payment dates. Perhaps the companies need reminding it's your bank account and you'll say when they can and can't take money from it and if they don't like it you'll cancel the direct debit and deny them unilateral access to your account!
  • exel1966
    exel1966 Posts: 5,056 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    davethorp wrote: »

    The direct debit guarantee states that if the payment date changes they have to provide 10 working days notice. FACT
    It actually states - If the amounts to be paid or the payment dates change, the organisation collecting the payment will notify you normally 10 working days in advance of your account being debited or as otherwise agreed. FACT
    Notification is provided on the monthly statement which in Capital One's case is extremely clear.
    Capital one took the DD on a different day to the one that was prearranged. FACT

    Capital One did no such thing as again the statement states in agreement with the customer that,

    'Your payment of £xxxx will automatically be taken on or within 3 working days of xx/xx/xx'. That's +/- 3 working days or up to 6 days. FACT - It certainley doesn't state that they will not take payment 2 days before he has been paid !

    They then charged the OP for what amounts to their error. FACT


    The OP should ensure there are enough funds in the account the day prior to cover any DD. That applies to any DD and is a standard bank account condition. FACT. He did not do that.

    Some people then decided to be total scum to a newcomer by berating them for not being psychic and knowing capital one were going to breach the direct debit guarantee. FACT

    Capital one made no such breach as again the statement advises the OP of when payment would be taken. FACT

    It's his responsibilty to make that payment and have enough funds to do so. Capital One cannot be held responsible for Royal Mails inadequecy to deliver.


    Perhaps what worries me more about this thread are two poster have mentioned companies charging administration charges to change the payment dates


    Not one credit card company does that, but it is very common amongst finance companies/loan suppliers to permit one change free of charge. Additional changes are usually charged for. It's classed as an admin charge. Whether it's right or wrong is another matter, but there are no laws to say they can't do it.

    you'll say when they can and can't take money from it and if they don't like it you'll cancel the direct debit and deny them unilateral access to your account!


    When taking out a DD, you legally give entitlement for the payees bank to collect funds from your account, therefore you've given them access as agreed.



    'If you pay by direct debit, it is up to the payee’s bank to call for the payment'

  • davethorp
    davethorp Posts: 1,578 Forumite
    Part of the Furniture 1,000 Posts
    Actually the BACS website pretty clearly says that:

    "Normally payments will be made on the same date each month, quarter or annually according to the payment frequency. If any payment due date falls at a weekend or on a bank holiday, the organisation is obliged to debit your account just after that due date unless they notify you in advance of a change of date."

    Absolutely no mention of anyone having the right to either take a payment early or take a payment within a payment window (which +/- 3 days is) and not on a specific date.

    But what do they know, they only regulate the scheme
  • exel1966
    exel1966 Posts: 5,056 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 25 April 2009 at 10:21PM
    davethorp wrote: »
    Actually the BACS website pretty clearly says that:

    "Normally payments will be made on the same date each month, quarter or annually according to the payment frequency. If any payment due date falls at a weekend or on a bank holiday, the organisation is obliged to debit your account just after that due date unless they notify you in advance of a change of date."

    Absolutely no mention of anyone having the right to either take a payment early or take a payment within a payment window (which +/- 3 days is) and not on a specific date.

    But what do they know, they only regulate the scheme

    You can't see what you've even typed and highlighted yourself.

    The payment window is clearly in your text above when referring to a weekend or bank holiday. It's not the fault of the credit card company the way the UK clearing system works and that's why they have to highlight it VERY CLEARLY on your statement as within 3 days.
    the organisation is obliged to debit your account just after that due date unless they notify you in advance of a change of date."

    'Unless they notify you in advance of a change of date'. They do that on your statement very clearly.
    But what do they know, they only regulate the scheme

    The FSA regulate the scheme. Bacs are only responsible for processing DD's.
  • dankosheemo
    dankosheemo Posts: 1,243 Forumite
    :hello: Hi davethorp!

    Welcome to possibly the most unwelcoming thread I've stumbled across! Honestly, no matter what you post on this thread in relation to gianni's original post, you're going to get showered on.

    For those who have merely posting to offer gianni some constructive and friendly advice and support have been told that we are 'rent a mob' and what we're actually doing is bullying :rotfl:

    I'm sure someone will have another pop after I've posted this one :rolleyes:

    I just hope not all threads are like this and hope gianni isn't put off by his experience here.

    Hope you get everything sorted OK gianni. You should post and let us know how you got on once you're sorted :)

    Best of luck :)
    :j (2013) :j
    * Virgin Atlantic [STRIKE]£2,837.01[/STRIKE] £2,835* B'card [STRIKE]£851.51[/STRIKE] £850 * Egg [strike]£5,608.83[/strike] £5,608.83 * Mint [STRIKE]£816.13[/STRIKE] £770 *
  • sparkey1
    sparkey1 Posts: 444 Forumite
    100 Posts
    Hi there,

    Theres one way to work out if Capital One are at fault or if it is yours.

    Your statement, what was the date of it?

    What was the payment due date?

    What day did they take the direct debit on?
  • PROLIANT
    PROLIANT Posts: 6,396 Forumite
    1,000 Posts Combo Breaker
    :hello: Hi davethorp!

    Welcome to possibly the most unwelcoming thread I've stumbled across! Honestly, no matter what you post on this thread in relation to gianni's original post, you're going to get showered on.

    For those who have merely posting to offer gianni some constructive and friendly advice and support have been told that we are 'rent a mob' and what we're actually doing is bullying :rotfl:

    I'm sure someone will have another pop after I've posted this one :rolleyes:

    I just hope not all threads are like this and hope gianni isn't put off by his experience here.

    Hope you get everything sorted OK gianni. You should post and let us know how you got on once you're sorted :)

    Best of luck :)
    If we stick the fact's and do not deviate from or dress up the situation - we can't go wrong, I am in total agreement with excel on this ergo the OP is at fault...
    Whether people choose to believe it or not; I am in no way condoning abusive comments to other MSE peers though. ;)
    Since when has the world of computer software design been about what people want? This is a simple question of evolution. The day is quickly coming when every knee will bow down to a silicon fist, and you will all beg your binary gods for mercy.
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