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Why are Capital one the exception I wonder?

From what I am reading on these posts, the only company that is refusing to repay unfair credit card charges is Capital one.

I recently asked them for £735 worth of charges back.
Most of these were for small over the limit amounts and for being late payments.
Often, they would charge 2 x £12 for the same late, over the limit £2 or similar.

I think it's well known that they target clueless fools like me to earn all those extra bucks.
Your credit record can be abysmal and yet you still get that £200 credit card.
They know what they are doing.

From other forums I gather the only way to beat them is to issue a county court claim, but this takes money and you may have to go to court as they do defend some cases I am told.

If anyone knows different please let us know.

I am going down the FOS route but I have been told they aren't too bothered with £12 charges.
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Comments

  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    majorwally wrote: »
    From what I am reading on these posts, the only company that is refusing to repay unfair credit card charges is Capital one.

    I recently asked them for £735 worth of charges back.
    Most of these were for small over the limit amounts and for being late payments.
    Often, they would charge 2 x £12 for the same late, over the limit £2 or similar.

    I think it's well known that they target clueless fools like me to earn all those extra bucks.
    Your credit record can be abysmal and yet you still get that £200 credit card.
    They know what they are doing.

    From other forums I gather the only way to beat them is to issue a county court claim, but this takes money and you may have to go to court as they do defend some cases I am told.

    If anyone knows different please let us know.

    I am going down the FOS route but I have been told they aren't too bothered with £12 charges.

    Has any court you know of stated that the £12 fees charged by Capital One are actually unfair? :huh:

    Doesn't sound like it if Capital One are now prepared to go to court to defend these allegations.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • majorwally
    majorwally Posts: 127 Forumite
    Yes, thanks for that.
    A great help!
  • majorwally
    majorwally Posts: 127 Forumite
    Premier wrote: »
    Has any court you know of stated that the £12 fees charged by Capital One are actually unfair? :huh:

    Doesn't sound like it if Capital One are now prepared to go to court to defend these allegations.

    That's why I asked here, cause I don't know!
    Maybe someone can advise?
    That is the idea of a forum is it not?

    But thanks again for your wisely input!
  • Little_Mo_70
    Little_Mo_70 Posts: 417 Forumite
    majorwally wrote: »
    From what I am reading on these posts, the only company that is refusing to repay unfair credit card charges is Capital one.

    I recently asked them for £735 worth of charges back.
    Most of these were for small over the limit amounts and for being late payments.
    Often, they would charge 2 x £12 for the same late, over the limit £2 or similar.

    I think it's well known that they target clueless fools like me to earn all those extra bucks.
    Your credit record can be abysmal and yet you still get that £200 credit card.
    They know what they are doing.

    From other forums I gather the only way to beat them is to issue a county court claim, but this takes money and you may have to go to court as they do defend some cases I am told.

    If anyone knows different please let us know.

    I am going down the FOS route but I have been told they aren't too bothered with £12 charges.

    I would think carefully about going to court if you are basing your complaint on unfair charges. Your t's & c's will state the bank's terms which you would have agreed to when you first applied for the card. Your problems start as soon as you infringe them.

    Although you blame the bank for targetting you - a clueless fool - (your words not mine:D sorry) you knew exactly what you were doing spending money that was not yours and you can't blame the bank for that. Keeping tabs on bank balances is not hard to do and is a bit important.

    I too got the knock back from them and am now with the Fos because I based my claim on exceptionally difficult financial circumstances.
  • dunstonh
    dunstonh Posts: 118,423 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    the only company that is refusing to repay unfair credit card charges is Capital one.

    They are not unfair. The point is that they were willing and able to show why they charged what they did and it was accepted.

    So, the onus, if you go down the legal route, is to persuade the judge they are unfair when the evidence points to the opposite.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • brightonman123
    brightonman123 Posts: 8,535 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    follow the guide on MSE, and chase up at the specified times.. dont take any of CO flannel!
    Long time away from MSE, been dealing real life stuff..
    Sometimes seen lurking on the compers forum :-)
  • majorwally
    majorwally Posts: 127 Forumite
    Even the OFT says credit card fees are unfair

    Not that many realised then, but a report in April 2006 by the Office of Fair Trading (OFT) was crucial in supporting reclaimers’ cases. Having investigated credit card charges the OFT said, in plain language, that it would not launch a specific investigation on any card companies with charges lower than £12.

    While the OFT ruling had no technical power, across the board, most card companies reduced their charges to this £12 level. This was of course, a positive step. But actually this figure, in my view, is still too high as the real administration costs are usually little more than a couple of pounds.



    The above is taken from advice given by Martin on this site.
    Just to let you "the banks always right guys" know.
  • dunstonh
    dunstonh Posts: 118,423 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The above is taken from advice given by Martin on this site.
    Just to let you "the banks always right guys" know.

    Martin has given his opinion. Martin has not tested his opinion in court. It is up to the individual to decide if they wish to test that opinion in court. They may find the card provider backs down but they may not.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    majorwally wrote: »
    Even the OFT says credit card fees are unfair

    Not that many realised then, but a report in April 2006 by the Office of Fair Trading (OFT) was crucial in supporting reclaimers’ cases. Having investigated credit card charges the OFT said, in plain language, that it would not launch a specific investigation on any card companies with charges lower than £12.

    While the OFT ruling had no technical power, across the board, most card companies reduced their charges to this £12 level. This was of course, a positive step. But actually this figure, in my view, is still too high as the real administration costs are usually little more than a couple of pounds.



    The above is taken from advice given by Martin on this site.
    Just to let you "the banks always right guys" know.

    You missed the bit from just before that quote, I wonder why?
    The simple question is, ‘does it really cost £35 to send an automated letter when someone’s gone 1p over their limit’? Over the years, that’s exactly what card providers have done whenever people have missed credit card repayment dates or bust through their credit limit. And it’s for this reason you should be able to get back the last six years’ worth of cash.

    and then later,
    There can be a variety of outcomes
    • VICTORY! You get all your money back
      For a lucky few, the provider will simply write back and offer to pay you the money. This is more likely to happen if you have asked for the difference rather than the full fee and if you're experiencing any financial harship. If this happens, congratulations!
    • MOST LIKELY OUTCOME! You’re ignored or refused
      There are a myriad of tactics that card companies will use to dissuade you from carrying on. The most common outcome is you get a letter explaining that the charges were detailed in your terms and conditions so are lawful and that it’s prepared to fight.
      It may tell you that you’ve no case, there’s been a court ruling, that it can’t provide your details, or that it’s satisfied with the way it's acted.
      These are all common tactics using spin, spiel and carefully written scary notes to put you off. It’s all just another step in the dance. If the summary of the letter is 'no you're not having your money back', however they dress it up, then in the words of Kenneth Williams... carry on regardless.
    • It says your case is suspended
      Some providers are using the OFT test case, which only applies to bank charges, to say that credit card complaints are also not valid. This is NOT correct. Both of the consumer regulators, the OFT and the Financial Services Authority (FSA), specified a case against current accounts.
      If your card company says your case is on hold, write back to clarify that your claim is in relation to credit cards and that you will be continuing with your complaint.
    • It makes a partial offer
    There is a chance it’ll offer some of the money you want. If you have asked for the full refund, this may be the difference between the fee and the £12 OFT recommendation. Whatever it offers, you need to decide whether it’s worth continuing or just taking the cash
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • pencakes26
    pencakes26 Posts: 389 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Wow! I saw this post and orginally wanted to say keep at it, I got some money back from Capital One (mis-sold PPI) but now I dont know what to say.

    Its completely free to be polite and nice. Why do some people find it so hard?!

    Everyone on this thread, dont listen to nastiness, I've not been on here long, but I've had so much help and I REALLY appreciate all your advice. So thank you :)
    Total: £50,676 £0 🥳 The journey to debt freedom
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