Capital One

bankh8er

Hi can anyone one advise me please?

I requested my statements last month i still havent received them and so telephoned to chase them up,i was told the request could not be re-issued as i am late making this months payment?!!

So my question is can i just use the template letter requesting refund of all charges inurred for the timescale im wishing to claim for? (and let them work it out) or do i have to have the statements?


Thanks

kashie

There is a procedure to follow, you sent the £10 and under the data protection act they should provide what you request.

If they dont read this below, it might help.



Assuming that the Data Protection Act information request was lodged correctly (template letter, confirmed delivery, fee paid if necessary, identification verified if necessary), and the bank have either failed to respond, or only sent partial information, the following process should be adopted:


Scenario 1) If your information arrives with parts missing - and no indication that further information will follow:

BEFORE THE 40 DAYS HAS ENDED: Send Template 1 Below.
ON OR AFTER THE 40 DAYS: Send Template 2 Below.

If you have sent TEMPLATE 1 letter, and the missing information does not arrive within the 40 day deadline: Send Template 2 Below.


Scenario 2) If the 40 days has expired and no information has arrived:

Send Template 3 Below.


If after following scenarios 1 or 2, the matter is not resolved:

Commence a county court claim in the same way as you would for money - however, in the particulars of claim you need to specify that you require the bank to provide the information as outlined in the original Data Protection Act request.

You will find a suggested text for the Particulars of Claim elsewhere in the Bank Template Library.

_________________________ __________


It would seem likely that they will defend the action, but as with the claims for refunds it will probably not be worth their while going to court, and it should open the way for a dialogue.

Should they try to defend, or allow judgement to be entered by default, it could have far reaching consequences - since it would put them in danger of having to reveal information that they have hitherto wanted to keep well concealed. It would also make it very difficult for the various regulatory authorities to allow the banks to keep stonewalling claims.

I would add that a District Judge tends to be very hard on a party to an action, when they have been deliberately obstructive.

.
Hope this helps you

chanilondon

When writing to Credit Card Companies asking for past statements which letter template do I use?

The same one that I would use if writing to a bank? I've tried looking for the template letter for Credit Cards but no luck! I have tried callling Cap 1 for past statements but as my account is closed and they have passed my account onto solicitors now they advise I contact my solicitors (this I will do as well) but thought I would also write to Cap 1 as I had the Credit Agreement with them not 'Cabot'! I take it when writing to Cap 1 i don't include the £10 fee as they are providing past statements free.

Please help, want to get this letter sent asap!

Twinkly

bankh8er wrote: »

Hi can anyone one advise me please?

I requested my statements last month i still havent received them and so telephoned to chase them up,i was told the request could not be re-issued as i am late making this months payment?!!

So my question is can i just use the template letter requesting refund of all charges inurred for the timescale im wishing to claim for? (and let them work it out) or do i have to have the statements?


Thanks

You need to write a request under the Data Protection Act for full details of charges applied to the account. There is a template here:

http://www.moneysavingexpert.com/cgi-bin/viewnews.cgi?newsid1141050760,24632,

Some banks charge the statutory £10 fee for this information but Capital One dont. You must request it in this manner as if you request statements there is usually a charge per sheet for this. They must send you the information requested in 40 days.

You need the details to accurately state the charges you wish to reclaim. You cannot be vague or estimate as you will need to provide proof of your claim if it gets to court stage. Having researched capital One successes for my own information half of the reported successes to date got as far as the court stage. Not to worry though because half didnt and settled

Read Martins article for each step you need to take thereafter and good luck

Twinkly

chanilondon wrote: »

When writing to Credit Card Companies asking for past statements which letter template do I use?

The same one that I would use if writing to a bank? I've tried looking for the template letter for Credit Cards but no luck! I have tried callling Cap 1 for past statements but as my account is closed and they have passed my account onto solicitors now they advise I contact my solicitors (this I will do as well) but thought I would also write to Cap 1 as I had the Credit Agreement with them not 'Cabot'! I take it when writing to Cap 1 i don't include the £10 fee as they are providing past statements free.

Please help, want to get this letter sent asap!

You can use the same template as for bank charges just amend it to reflect the relevant charges or just to read 'default charges'. Template here on this page:

http://www.moneysavingexpert.com/cgi-bin/viewnews.cgi?newsid1141050760,24632,

Dont request statements you will be charged for actual statements. Request the details under the Data Protection Act, the statutory charge is £10 but Capital One dont charge this fee so its free.

Since this is simply a request for data then I see no need to contact your solicitor, you are entitled to this information by law from Capital One and it has no direct bearing on the running of your account - closed or not.

As always read through Martins article and good luck

bankh8er

Twinkly wrote: »

You need to write a request under the Data Protection Act for full details of charges applied to the account. There is a template here:

http://www.moneysavingexpert.com/cgi-bin/viewnews.cgi?newsid1141050760,24632,

Some banks charge the statutory £10 fee for this information but Capital One dont. You must request it in this manner as if you request statements there is usually a charge per sheet for this. They must send you the information requested in 40 days.

You need the details to accurately state the charges you wish to reclaim. You cannot be vague or estimate as you will need to provide proof of your claim if it gets to court stage. Having researched capital One successes for my own information half of the reported successes to date got as far as the court stage. Not to worry though because half didnt and settled

Read Martins article for each step you need to take thereafter and good luck

Thanks for that i have rung up again this evening and complained! i am "supposed" to be getting the statements within the next 7-10 days

juliem512

Hi I wonder if anyone can help. I am trying to reclaim around £700 from Capital One. I recieved a letter yesterday offering me £248 ( the differnce between £12 and the charge). With it being a credit card do you think it is wise to accept this offer or continue to claim for the full amount?
Any help would be greatly appreciated. Thanks

esmerellda

no CARRY ON ! you WILL receive the full amount.

john_the_bread

misskitty wrote: »

same happened to me. i requested just over 100 and had a latter to say they had refunded 48 onto my credit card (the diff of the old charges). I worte back to say thank you but i will still be claiming the other 100 odd within 7 days. they didn't respond so i started my court claim on the 23rd jan. they have acknowledged it so they now have 28 days.

Hi just read your bit about Cap 1 just about to claim myself noticed you were on line wondered if there is any up to date news

pigsmightfly

juliem512 wrote: »

Hi I wonder if anyone can help. I am trying to reclaim around £700 from Capital One. I recieved a letter yesterday offering me £248 ( the differnce between £12 and the charge). With it being a credit card do you think it is wise to accept this offer or continue to claim for the full amount?
Any help would be greatly appreciated. Thanks

No definately not - carry on with your claim.
They tried this with me on 2 credit card accounts I had with them. I refused their offers and took it to court. Got the full amount plus interest plus court costs back for both accounts
Keep going - you will get the full amount