Advice Please Re Capital One Card Charges

sarahsarah2007

Hello,

Im hoping someone can guide me what the best course of action is regarding some issues i have with Capital One.

Its been ongoing for years, i have used the templates here last year to write to them asking for my charges back, i sent the money off to get all of my statements and added it all up with interest but then got the reply back offering £70 odd pounds when the amount id come to was more like a £1000!

I have a question though and that is can you claim back all charges even the £12 ones? as Martin says even £12 is ott for sending a letter out but it would help me take this further knowing if i can include £12 charges when reclaiming.

Also my other issue is when i FOOLISHLY took this card out they took a £200 deposit which they still hold (think of the interest on that from 2004! I have asked over the years to close my account and use my deposit to offset what i owe and always get a letter back saying i need to pay off whats owed then they will forward my deposit. Why take a deposit if you wont use it when i run into trouble? Another way to make cash from us FOOLISH people i figure.

The current status with all this is i have Fredrikson International dealing with it, its been closed. Ive told Fredrikson they hold my deposit and have been paying weekly payments to show willing. I owe £338 currently.

Also please no matter how desperate anyone is please please dont be tempted to take out high interest credit cards, this one for me has been so much hassle and i deeply regret it! I have been working hard to pay my dues and sort myself out and just want it over.

Thanks in advance anyone who can advise.

Sarah x

sarahsarah2007

Can i also add to this that if Fredrikson come back and say Capital One wont offset the deposit they hold off what i owe then should i report them to the Ombudsman as it seems crazy they have i feel unlawfully refused to close my account several times over the years even when telling them i am broke and cant afford the card!

Wywth

sarahsarah2007 wrote: »

Hello,

Im hoping someone can guide me what the best course of action is regarding some issues i have with Capital One.

Its been ongoing for years, i have used the templates here last year to write to them asking for my charges back, i sent the money off to get all of my statements and added it all up with interest but then got the reply back offering £70 odd pounds when the amount id come to was more like a £1000!

I have a question though and that is can you claim back all charges even the £12 ones? as Martin says even £12 is ott for sending a letter out but it would help me take this further knowing if i can include £12 charges when reclaiming.

Also my other issue is when i FOOLISHLY took this card out they took a £200 deposit which they still hold (think of the interest on that from 2004! I have asked over the years to close my account and use my deposit to offset what i owe and always get a letter back saying i need to pay off whats owed then they will forward my deposit. Why take a deposit if you wont use it when i run into trouble? Another way to make cash from us FOOLISH people i figure.

The current status with all this is i have Fredrikson International dealing with it, its been closed. Ive told Fredrikson they hold my deposit and have been paying weekly payments to show willing. I owe £338 currently.

Also please no matter how desperate anyone is please please dont be tempted to take out high interest credit cards, this one for me has been so much hassle and i deeply regret it! I have been working hard to pay my dues and sort myself out and just want it over.

Thanks in advance anyone who can advise.

Sarah x

Any charges over £12 should be automatically refunded, or rather I should I say, the difference between the higher charge applied and £12 should be automatically refunded.

(The ombudsman will usually rule in your favour for this, unless the card issuer can prove to the satisfaction of the ombudsman that the higher charge is justified)

Anything else may need you to go to court and argue the matter. Are you willing to do that?

I've never heard of a credit card taking a deposit before, so I can't really help you there.
What terms and conditions were applied in regards to the deposit taken?

sarahsarah2007

Wywth wrote: »

Any charges over £12 should be automatically refunded, or rather I should I say, the difference between the higher charge applied and £12 should be automatically refunded.

(The ombudsman will usually rule in your favour for this, unless the card issuer can prove to the satisfaction of the ombudsman that the higher charge is justified)

Anything else may need you to go to court and argue the matter. Are you willing to do that?

I've never heard of a credit card taking a deposit before, so I can't really help you there.
What terms and conditions were applied in regards to the deposit taken?

Hello,

Thanks for taking the time to help.

There are some charges (the earlier ones) that are higher than £12 and as for the deposit they requested it as security should i fall into arrears (if i recall) it was years ago, i wish i could find that letter now as it would be of help no doubt in getting this matter resolved.

Sarah x

Wywth

Is the £70 offered the difference between the higher, earlier charges and £12 per charge?

Was this a Capital One Secured Credit Card?

http://www.capitalone.co.uk/support/faqs-secured-card.jsf

If so, it would seem you can use the security deposit towards closing the account

We refund the full amount of your security sum when you close your account, as long as you do not have any outstanding payments, fees or interest payable.

If your outstanding balance is less than your security sum, we will clear the account and send you the difference. If you have a balance outstanding that is greater than your security sum, we will ask you to pay the difference to enable the account to be closed.

sarahsarah2007

Thank you ever so much for that information.

Yes i think what was offered is the difference in the earlier charges i guess i was wrong in assuming that you could claim all charges back and obviously every little helps.

My main issue i guess is i have a letter from them from a few years back saying i couldnt close my account i had to pay it off then they would refund me which i found bizzare i wonder if i could report them for this to the ombudsman?

Kind Regards

Sarah x

Wywth

sarahsarah2007 wrote: »

Thank you ever so much for that information.

Yes i think what was offered is the difference in the earlier charges i guess i was wrong in assuming that you could claim all charges back and obviously every little helps.

My main issue i guess is i have a letter from them from a few years back saying i couldnt close my account i had to pay it off then they would refund me which i found bizzare i wonder if i could report them for this to the ombudsman?

Kind Regards

Sarah x

To clarify, you can claim for whatever you feel is appropriate, but as the MSE article says, you may only get offered back the difference between a higher charge and £12.
(this is because if you don't get offered at least this amount, the ombudsman will usually find in your favour for at least this amount as the OFT have said such amounts are automatically considered unfair ... unless the service provider proves otherwise)

The article explains what you can do if you are not happy with the settlement offered. i.e. ultimately take the matter to court for a judgement.

You will first need to follow the service provider's own complaint procedure before the ombudsamn will entertain any complaint. Even then, note that time limits apply with regards when you may bring a complaint to the ombudsman.
You can find more information on this on the FOS website

sarahsarah2007

Wywth wrote: »

To clarify, you can claim for whatever you feel is appropriate, but as the MSE article says, you may only get offered back the difference between a higher charge and £12.
(this is because if you don't get offered at least this amount, the ombudsman will usually find in your favour for at least this amount as the OFT have said such amounts are automatically considered unfair ... unless the service provider proves otherwise)

The article explains what you can do if you are not happy with the settlement offered. i.e. ultimately take the matter to court for a judgement.

You will first need to follow the service provider's own complaint procedure before the ombudsamn will entertain any complaint. Even then, note that time limits apply with regards when you may bring a complaint to the ombudsman.
You can find more information on this on the FOS website

Many thanks you have been most helpful

Sarah x