Capital One

angelwillow · 20 June 2007 at 6:24PM

chrissieo wrote: »

Just proceed as they wont talk to you, I have tried. The department that deal with claims are not contactable by phone and will not return call so save the cost of the phone call and just send the court letter.

Good Luck

Chrissie

Thanks for that.

iwanasave · 20 June 2007 at 6:28PM

Hi,

I really need some help - i recently saw a default on my credit file from Lowell Portfolio. They claim they're recovering a debt from Capital One from about 7 years ago. Apparantly there were payments made on the account but they wont disclose it to me. They said I need to pay or else it will stay on my credit file and il have bailiffs at my parents address which I no longer live at?

The problem is i dont remember ever taking a credit card with Capital One so I told them this and they started a whole fraud investigation - i gave them a crime ref number and sent proofs of my signature etc- its been nearly 4 months and they still havent come up with anything or any news for me. Where do i stand with this? And most of the debt was made up of late payment charges etc apparantly. Its for about 650.00 pounds?

LozBingley · 20 June 2007 at 7:42PM

Hi All,

I've seen a few people worried as how to reject their low offers off the banks and credit cards, so here is my last letter to Capital One for you to crib

don't forget to put your own details in

20th June 2007

<?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com[IMG]http://forums.moneysavingexpert.com/ /><st1:date Year=[/IMG]<st1:date Year="2007" Day="20" Month="6"></st1:date>
Ellie Renshaw<O:p</O:p
Executive Officer Manager<O:p</O:p
Capital One Bank<O:p</O:p
<st1:address><st1:Street>PO Box</st1:Street> 5283</st1:address><O:p</O:p
<ST1:pNOTTINGHAM</ST1:p
NG2 3YG<O:p</O:p
<O:p</O:p
<O:p</O:p

Dear Ellie,
<O:p</O:p
<O:p</O:p

Re. Account number: xxxx xxxx xxxx xxxx

<O:p</O:p

Thank you for your letter of <st1:date Year="2007" Day="14" Month="6">14th June 2007</st1:date>, where you failed to appreciate that your charges are unlawful and as such you will no doubt be aware that I have now started court proceeding against Capital One.<O:p</O:p
<O:p</O:p

I agree with you that the charges were added to my account in accordance with your terms and conditions and that your charges are in line with other banks and financial institutions.
<O:p</O:p
<O:p</O:p

However, just because I signed the agreement and other organisations charge the same, it does not make the charges any more legal as they still represent an extravagance and legally any charge should not exceed the cost of the breach of the contract, which in plain English means, you can not charge me more than the cost of raising the charge against me.
<O:p</O:p

This, I feel, was reflected in my initial offer to you where I gave you the chance to retain 25% of your charges as I felt this was a more realistic valuation of your administrative costs in applying the charges.
<O:p</O:p

If you would like to provide me with a detailed costing of the administrative process for applying the charges then I will gladly accept a counter claim or adjustment based on your evidence.

<O:p</O:p
<O:p</O:pUnfortunately, until such time that you make this information available to me and the court, I can not accept any offer less than the total charges applied, plus interest @ 8%, as per my schedule, and a full refund of the £xxx court fee I have just paid. This now totals £x,xxx.xx and will increasing by XXp per day until I receive your settlement.<O:p</O:p
<O:p</O:p

Yours sincerely,
<O:p</O:p
<O:p</O:p
<O:p
</O:p<O:p</O:p
LozBingley

frugalpam · 20 June 2007 at 8:39PM

LozBingley wrote: »

<O:p</O:p
<O:p</O:p

Re. Account number: xxxx xxxx xxxx xxxx

<O:p</O:p

Thank you for your letter of <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com[IMG]http://forums.moneysavingexpert.com/ /><st1:date Year=[/IMG]<st1:date Month="6" Day="14" Year="2007">14th June 2007</st1:date>, where you failed to appreciate that your charges are illegal and as such you will no doubt be aware that I have now started court proceeding against Capital One.

Be very careful NOT to use the word 'illegal'..... you need to be saying 'unlawful' - there is a difference

I personally wrote shorter rejection letters (ie to their low offers), and didn't go into this amount of detail.

Pam

k1mmie · 20 June 2007 at 9:45PM

iwanasave wrote: »

Hi,

I really need some help - i recently saw a default on my credit file from Lowell Portfolio. They claim they're recovering a debt from Capital One from about 7 years ago. Apparantly there were payments made on the account but they wont disclose it to me. They said I need to pay or else it will stay on my credit file and il have bailiffs at my parents address which I no longer live at?

The problem is i dont remember ever taking a credit card with Capital One so I told them this and they started a whole fraud investigation - i gave them a crime ref number and sent proofs of my signature etc- its been nearly 4 months and they still havent come up with anything or any news for me. Where do i stand with this? And most of the debt was made up of late payment charges etc apparantly. Its for about 650.00 pounds?

Hi

A word of warning - keep all your paperwork in regards to this company. I have had a similar problem where they wrote to me out of the blue asking for money.

When I asked them for proof of the debt, they sent me a letter saying they had contacted their client and would be in touch. Since then all I have had are threatening letters saying I have refused to contact them, I am ignoring them and they are taking legal action. Still not had a recognition of my letters. So send them all recorded as they are very slimey.!!!!!!!!

Degs45 · 20 June 2007 at 10:23PM

Just had my statements back on a closed account and they also went back too when I opened the account in 1999, the first charges started on 24/05/00...is it possible to claim that far back ? or is it the next year best to start from ?

poor_old_me · 20 June 2007 at 10:36PM

well it took me a while but i finally got round to making a claim for my own money

the story so far
early May I wrote to Capital One claiming back £540 in charges and £144.36 in interest making a total of £684.36
the £540 charges are made up of 27 x £20
on May 27 I got a letter from them stating that a £20 charge was fair but they " as a gesture of good will " have reduced the charge to £12 and reimbursed my account by £216 (27 x £8 ) . This was deposited into my account on the 5th June
I have written back saying that £216 is not enough and I will settle for a further £324 making in total £540 , which = the charges or else we go to court
got a reply back today saying that they are sorry, But £216 is the final offer
so what next for me ? do I accept the pittance or go to court ? I think I know which way i am going (being as £216 is already in my account I cant loose can I ?)

frugalpam · 20 June 2007 at 10:42PM

poor_old_me wrote: »

well it took me a while but i finally got round to making a claim for my own money

the story so far
early May I wrote to Capital One claiming back £540 in charges and £144.36 in interest making a total of £684.36
the £540 charges are made up of 27 x £20
on May 27 I got a letter from them stating that a £20 charge was fair but they " as a gesture of good will " have reduced the charge to £12 and reimbursed my account by £216 (27 x £8 ) . This was deposited into my account on the 5th June
I have written back saying that £216 is not enough and I will settle for a further £324 making in total £540 , which = the charges or else we go to court
got a reply back today saying that they are sorry, But £216 is the final offer
so what next for me ? do I accept the pittance or go to court ? I think I know which way i am going (being as £216 is already in my account I cant loose can I ?)

It's standard practice by Cap One, and it was the same way with me. 21 days after being served with my claim, they settled up in full - charges, interest and court fees, and that seems to be the pattern with many here.

good luck - don't settle for that pittance !

Pam

LozBingley · 21 June 2007 at 2:25AM

frugalpam wrote: »

Be very careful NOT to use the word 'illegal'..... you need to be saying 'unlawful' - there is a difference

I personally wrote shorter rejection letters (ie to their low offers), and didn't go into this amount of detail.

Pam
[/font][/font][/font][/font][/font][/font][/font][/font][/font][/font][/font][/font][/font][/font]

LOL Noted

thanks

KT-K · 21 June 2007 at 9:09AM

Hi

I have just written off to capital one to obtain my statements, but I know that some of the charges are for the reduced £12.00. Does anyone know if I can still claim these? Sorry if that sounds like a silly question

Capital One

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