Capital One

manager1

Can anyone help?
I am claiming back charges on a Capital one credit card and I have checked my credit file and there is a CCJ registered from them for that amount ..in the settlement does it get removed ??

Smasher

A CCJ or a default?

manager1

Its a CCJ and it seems its been sent to lovell who have also put a default on my file..is this allowed?

manc

Hey people- just wanted a bit of advice...

I started claiming back off Capital One last year and around September/October I received some of my money back. (£637 out of a total of £839). The last thing I wrote to them was:

Dear Sir or Madam,

Re. Capital One Account number **** **** **** ****

I refer to default charges applied to my account amounting to £839.74 which I have requested you pay back.
I wrote to you on 3rd October 2007, making the original request for a payment in settlement of my claim. After making this request a total of £202 was credited to my account which I am willing to accept without prejudice as a part-payment.
I am writing to inform you I intend to claim the full remaining amount of £637.94 together with court fees in the proceedings through the county court.
This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the court will rule in my favour.
I have attached a full schedule of the charges with this document.
I look forward to a full response to this letter within 7 days, otherwise I will commence court proceedings to reclaim my money.

Yours faithfully,

However, they replied saying this would be their only offer.
Since then I've had a bit of an upheaval and had to move back home blah blah blah... and haven't had the time nor the money to take them to court for the last £637.

My question is- am I too late to do this now? Have I missed my boat? And what advice what people give me for now approaching Capital One for the rest of my money? HOw do I work out interest now or should I just claim the amount I originally asked for?

Any help would be great!!!

24_fan

I Sent My Letter Off About 3 Weeks Ago Asking For My Money Back Although It Was Only £60 Got A Letter This Morning Offering Me £24 Should I Sign The Letter Or Carry On With The Claim

tony_ack

Hi all
I recently dipped my toes into reclaiming charges, and started with my now closed Capital One credit card account. The account was open from 2001 until 2007, but most of the charges were from 2002-2004. I sent off an SAR with a £10 cheque, and got a reply last weekend. I have a list of what should be statements, month by month, but all the transactions are missing! There definitely should be something there, as the balance on the card changes each month on the statements!

My partner also sent off her SAR several months back. She has the same set of bumpf that I have, only all of her transactions are present.

Since I paid the £10, and specifically requested a list of transactions in the SAR letter (I used the template), I feel a little annoyed that the only part I was interested in was actaully missing.

I should probably write another letter to Capital One, but will they respond? I'm worried they may mis-read the letter and assume I'm requesting charges and haven't enclosed a cheque. Although I'm sure they'll give me what I want in the end, time is now of the essence, as some of the older charges are almost 6 years old.

I do normally keep statements, and actually have all but a few available to me, though I'm sure that there would be charges on the ones that are missing. Is it worth foregoing the charges on the missing statements, and going with what I have to save time and hassle? If I continue to pursue Capital One for the correct information, what should I do? Has anyone come across this before?

cheekysheepy

Hi Guys, need some advice

I bit the bullet and send Capital One the letter asking for a £364 refund in charges, I too had a limit of £200 which they upped to £400, I went £9 over my limit late 2006 and didn't know, they sometimes charged me 2 fee's, one for going over my limit and the other for late payments and this has been going on ever since.

I owed them nearly £700 because of all their charges when I was £9 over, I have managed to get the debt down to £485, I am now £85 over, they have replied to my letter stating their terms and conditions and also they have reduced their fee's to £12 but I wouldn't bee in this mess if they hadn't kept charging me, I've had a fight with them since late last year about repaying the debt but they do not listen and they do not care.

I have made many attempts to resolve the situation and always made some payment and many offers to pay but what they wanted every month was extortionate and unacceptable.

Sorry for babbling on but now I'm in a quandery, do I take the next step and go to court or do I consult the FOS and get them involved.

Anybody else been in this situation

Thanks In advance

Cheekysheepy:j

angelwillow

Carry on..........they will try to put you off any way that they can but when you go to the FO or court they will pay up.
Good luck!

Smasher

They are obliged to send you ALL DATA they hold about you. This should include statements & transactions. They have an obligation to comply and if they don't you can take them to court to force disclosure and claim costs/damages. Send them this letter..

YOUR NAME
YOUR ADDRESS
YOUR POST TOWN
YOUR POSTCODE

BANK NAME
BANK ADDRESS
BANK POST TOWN
BANK POSTCODE
TODAY’S DATE
ACCOUNT No XXXXXXXX
Dear Sir/Madam,

I am writing to you in regard to my S.7 DPA Subject Access Request letter sent on xx/xx/xx. Enclosed with this request was statutory £10 fee.
As you will be aware the DPA states that you must supply this data upon demand within a reasonable timescale, a maximum of 40 days.
The data I have received appears to be incomplete as there are no details of any transactions. I require you to send me all data relating to my entire accounting history with your organisation.

I would also remind you that failure to comply with this request by xx/xx/xx (40 days from the date of your first SAR) would be a breach of DPA regulations and would result in a complaint being made to the Information Commissioners Office, and legal action to force disclosure together with damages at the discretion of the court.

I trust that such action would not be necessary and look forward to receiving the information as requested before the 40 day deadline.

Yours sincerely



YOUR NAME

jain0_2

Can anyone offer me some advise?

I wrote to Cap 1 on 30/03/07 requesting that they pay me all my default chgs for the past 6 yrs totalling £589 using the templates on this site. Cap 1 wrote back to me on 03/05/07 telling me that they had refunded £202 to my account (the difference between the £20 thay had charged me and the £12 they now charge) without any form of acceptance from me. I wrote back on 23/05/07 with the unsatisfactory letter template and offered them a settlement figure of £450. They responded on 31/5/07 telling me I had 6mths to contact the FOS which would have been Nov 07.
I lost my mother last year and wasn't in a real state to deal with Cap 1 or the FOS.
Could someone please advise me on whether I can still go to the FOS? and whether CAP 1 were out of order paying back £202 as a settlement without my acceptance?
Thanks