Capital One

suelumsden

I think you have to write to them first to tell them you are going to take them to court, on the moneysaving home page there is a link to take you through all the different stages and the stages you have to follow in order, it also gives you the wording for each stage, such as letter to Capitol One threatening court action. It is very simple and easy to follow. Good Luck.

suelumsden

This is the link

http://www.moneysavingexpert.com/reclaim/credit-card-charges

techspec

AJB1080 wrote: »

I wonder if anyone can help me?

I'm currently working through my MCOL for Cap One which is all a bit scary. I haven't written to them direct regarding these charges.

WHY NOT? IF A JUDGE KNEW THIS, HE WOULD THROW IT OUT. ALTHOUGH CAP ONE WILL PROBABLY JUST PAY, THEY SHOULD HAVE BEEN CONTACTED FIRST.

Firstly is the correct address for Cap One:-

Capital One Bank (Europe) plc
PO Box 5283
Nottingham
NG2 3WT

YOU CANNOT USE A PO BOX (WHERE WOULD THEY SEND THE BAILIFFS), IT MUST BE A REAL ADDRESS.

Capital One Bank (Europe) PLC
350 Euston Road
LONDON
NW1 3JJ

and secondly where it asks the question:-

<TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR vAlign=top><TD><TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR vAlign=top><TD>Does or will your claim include any issues under the Human Rights Act 1998?




</TD></TR></TBODY></TABLE>




</TD></TR></TBODY></TABLE>
Do I answer yes or no?

NO

Also, in the little statement box, I'm new to all this and I'm not entirely sure if I am supposed to state that I am claiming unlawful fees charged due to some kind of act??

I've currently written:_

I am claiming for charges that I have
incurred on various occasions dating back
to February 2005 up until present date
which is October 2007.
The amount of charges has accumulated to
£328.00 to date.

1. The Claimant has a credit card account
with the defendant, opened XXXXXX (DATE).
The account number is XXXX XXXX XXXX XXXX.
2. Since XXXXXX (DATE FO FIRST CHARGE), the Defendant has debited
charges and interest in respect of purported
breaches of contract, from the claimant's
account. 3. Defendant is aware of all the
details, as a list of charges has already
been supplied. (YOU WILL HAVE TO MISS THIS BIT) 4. Claimant contends
a) The charges exceed the Defendant's losses caused
by the breaches; (b) The charges are an
unfair penalty under the Unfair Terms in
Consumer Contracts Regulations 1999, because
they are a disproportionately high sum in
compensation compared to the cost of the
purported breach. 5. Claimant claims: (a)
return of the amounts debited of £XXX; (b)
Interest per S.69 County Courts Act 1984 of
8% - £XXX, continuing at 8% until
judgment or settlement at a daily rate of
£XXX 6. The Claimant asks the court to
enter judgment in his favour for £XXX plus
interest, totaling £XXX + costs allowed

by the court.

IF NOT CLAIMING INTEREST, DELETE THAT PART.

I'd be so grateful if anyone could help me.

Any probs, come back.

AJB1080

Thankyou techspec!

I didn't realise that I had to ask them for the money first. I will follow the step by step instructions and contact them before doing anything else.

RMP_UK

Just starting claims with Cap1 and want to clarify one type of charge.

Sorry to be a pain and no doubt this has been asked before but I cannot find it in any of the threads.

I realise that I can claim for 'Late Fees' and 'Overlimit' fees but am not sure about fees raised for 'Direct Debit Returned Fees' which occurred when I sent them the monthly payment that then bounced.

Any help greatly appreciated.

techspec

RMP_UK wrote: »

Just starting claims with Cap1 and want to clarify one type of charge.

Sorry to be a pain and no doubt this has been asked before but I cannot find it in any of the threads.

I realise that I can claim for 'Late Fees' and 'Overlimit' fees but am not sure about fees raised for 'Direct Debit Returned Fees' which occurred when I sent them the monthly payment that then bounced.

Any help greatly appreciated.

They can be claimed too

amigo

hi, im in a simular situation with capitol one i had a limit of £200 was coping fine with until i was 1 day late they charged me £20 plus another £20 for letter telling me they charging me, i then started struggling to keep ontop of paying back all the extras i ended up with a £564.58 bill, ive been making payments of £20 every 4 weeks to a company called intrum justitia they are collecting on behalf of captital one, i have paid back all but £64.58. after reading the above replys i am now wondering if i should still need to be paying this back, and can i claim back the extra £300 which ive already paid that were charges?

suelumsden

yes you can, I have done this, they have paid out to the company who holds the debt. Go for it you have nothing to lose.

hughie278

They have acknoledged my claim with MCOL. Fingers crossed they offer the full amount this week.

newreclaimer

Cap One have just paid out all of my claim including interest and court fees.
Thanks to everybody for their advice on here.