Help Can a mod please change the title of this thread to something more appropriate like - CardFight - PPI + Charges + Default Thanks

Thanks again Zingy, After looking around, here's what my reply is going to be, I'll update here if I get a response..... Dear Sir/Madam, ACCOUNT NUMBER: xxxx xxxxx In response to you letter dated 11 May 2010 – REF: xxxxxxxx . I accept your offer of £nn.nn as PART payment of the amount owed to me, the Total amount you owe me is £n,nnn.nn, leaving a balance of £n,nnn.nn owed. Your letter also states you can not refund any default sums charged prior to six years ago under the Limitation Act 1980, this however as you know is incorrect, Statute barred in respect of charge claims and or PPI claims , you have 6 years to claim from the date on which you could reasonably have discovered that you should not have been paying the money and I can claim back as far back as 1st Jan 1995... I expect a full refund plus interest on all charges. You also state that due to the OFT publication, Capital One have now reduced charges to a £12 default sum and you can not refund me any charges below £12. I will accept this if you Capital One can explain to me in detail how the £12 charge is justified and a detailed breakdown of the cost to your organisation and how you calculated this figure. If you can not fully justify this charge then I expect a full refund plus interest on all charges. One last thing. For some reason, you have not included any details regarding my PPI claim plus default removal on my credit file.. Attached is a copy of my original claim form plus a copy of my Letter Before Action. I you have until the xxxxxxx to refund me in full the balance of £n,nnn.nn before I either contact the FOS or issue proceedings in the County Court and without any further notice to you. Yours faithfully,

Well I've received a response from Sven Lagerberg - Cap One. I was claiming Over limit and late charges - PPI - plus interest and removal of default on my credit file... Totaling over £2000 Their response was they can only pay me the difference of £12 and the actual charge from late and over charges... Giving me a total of £35 refund... No mention of PPI or default removal, they also mentioned ( and I quote ) : " I am unable to refund default sums charged prior to 6 years of you making your complaint because under the Limitation Act 1980 you are out of time to make any claim in relation to these fees " I thought the limitation was on accounts that have been closed for six years, not what their saying above ... can someone confirm this please ? I'm going to compile a reply to them re PPI and default on my file + full repayment of charges... any help in pointing me in the right direction is greatfully received.. Regards CardFight

Thanks for that Zingy... I've had a response from Cap 1, see below, as you say " Cap1 really don't like to play the game " buggers Thanks again

Just a quick update, 14+2 days are now over and I've not received anything from Cap1, LBA is being sent tomorrow.... I've got a funny feeling I'll be going to he FOS with this fight ;o( I'll keep you posted CardFight

Cheers Zingy, I did send it recorded signed for, I've given them 14 days, if I don't have a proper reply by then then it's time for LBA for a further 14 days... then off to the FOS... I'll update when I receive any further info.. Thanks again for your advice.. Regards CardFight

Perfect, thanks for the info Zingy, I've now constructed my Prelim and sending it off this afternoon... fingers crossed Thanks again CardFight

Bump

Hi Guys, Quick query here, I've been looking throught the templates section for a Prelim letter template I can use for reclaiming charges and PPI.. All I can find is the template created for Banks... Does anyone have/point me in the right direction for the template I can use for a Credit Card company ? ( due to court rulling dates/regs for Credit Cards being a bit different than banks )... Many thanks Cheers CardFight

Perfect, thanks for that PGH

Thanks for your prompt reply, My agreement is there, yes ( well that's still being looked into, but I'll say yes for now )... However my query is more in regards to Debitas and my outstanding debt.. I think I've read on here that people have offered a % one off final payment of the outstanding, this % has been accepted and the ramainder gets written off.. Has anyone read/done this before.. If so, can you let me know what that % may be. Hope that makes sense Thanks again CardFight

Help help, I've just been made redundent, Debitas have my CapOne account which I've been paying each month on a payment plan. Currently I'm awaiting feed back from the ICO regarding my SAR request to CapOne, I am then going to reclaim charges + PPI, however: What I'd like to do ( due to redundency ) is offer Debitas a final offer on the % of outstanding debt I have with them... my current outstanding debt is £2,300... How much do you think I can offer for them to close my account ? Your help is very much apreciated ! I really need this closed... Many thanks in advance.. Regards CardFight

Thanks for that postggj

Sorry but can a Mod please move this post to the " Data Protection and Default Issues " section.... Appologies for posting here, I've just this minute found the other section. Many thanks

Yet another quick question guys, I'm on a mission tonight... I'm pretty sure I can claim back all my PPI, late charges + interest from Capitol One ( Credit Card ) Now if the PPI, charges + interest is greater than the defaulted value, then I can request the default to be removed - is this correct ? At the moment I'm not too sure of the sums involved as I've had to pass my case to the ICO to gain further info...... However. once I gain the info needed, I think I'm going to request the assistance of the FOS for my claim. What do you think my chances are that the FOS will also assist in the removal of a default on my credit file, or do I need to do that myself via the courts ? Many thanks for any advice CardFight