keren29 v Capital One **WON**

[keren29]

I have an account now with Capital One which is up to date with no charges on it etc which I've had for nearly three years.

 

However, during 2001-2002 I had a Capital One card with a very low limit (on a different acount number).

 

After a couple of months I fell very ill and wasn't able to pay and it quickly incurred charges/it went to a DCA and then a CCJ for £592 (the card had a £200 limit!)

 

Ipaid the CCJ in 2003 and the account is closed, although I do have paperwork with the account number on it.

 

There will obviously be charges on this account before it went for the CCJ, and my question is this -

 

Can I reclaim these charges even though the account is closed?

I don't have any statements, do I send a standard Data Protection Act letter?- is it the standard £10 charge and doe I make it payable to Capital One?

Does anyone think this will affect my current relationship with Capital One? Ihave £520 outstanding on a card with a £600 limit - does anyone think they will close the card account (it's got a different account number to the one that went to a CCJ)

 

I'm going through the motions with the Abbey at the moment, but suddenly thought earlier about this old closed account and wondered if I had any way of claiming??

[Michael Browne]

You can claim from closed accounts. The process is exactly the same.

 

Make cheque payable to Capital One.

 

If know the account no. fine if not just ring Capital, they should be able to tell you.

 

The DPA will cover all accounts you have or have had with them

[jonni2bad]

When you get you list of charges, can you tell us more about the CCJ?

 

Date?

Amount for?

 

At that date, amount of charges imposed?

 

Thanks

[keren29]

When you get you list of charges, can you tell us more about the CCJ?

 

Date?

Amount for?

 

At that date, amount of charges imposed?

 

Thanks

 

can do, not a problem - why will this help?

[keren29]

okey dokey, that's the DPA letter printed and in the envelope with the £10. I'm sending it to Katherine Blunt, the Legal Compliance Specialist (found her name in the DPA thread on the board, hope I'm sending it the right dept!)

 

The CCJ was in total £592 including the court costs. I'm a bit cross as I kept the summons for years with the details on it of how much the claim was for etc, but I can't find it at the moment. I only had it a couple of months ago, but I guess I'll find out the total when I get the statements.........I thought the charges might be £100 or so, but if the CCJ was £592 and the card limit was £200 I think it might be more than £100!!

[jonni2bad]

can do, not a problem - why will this help?

 

Depending upon the figures that come back, we might be able to show that the level of charges were totally responsible for the account being in default, which resulted in the CCJ, and hence get it removed from your files on that basis.

[noobrider]

I'm in a similar position account closed had a £200 limit received enough charges to make it over £500 ended up with an attachment of earnings for £50 per month to pay off £650 inc costs. Just paid it off a couple of months ago...I want it back...I will be ringing Capital One up for my former account number then DPA etc etc. I would be very interested in having a CCJ removed especially as I am now applying for a mortgage.

[keren29]

received my acknowledgement letter from Katherine Blunt today - that's another tiny step forward!

[keren29]

I'm now on Day 26 since I sent in the DPA letter, I was wondering if there was anyone Icould call to chivvy them along a little?

[jonni2bad]

I would give their customer services a call, make sure they are processing your request, but remind them of the deadline (your deadline, not theirs) and their legal responsibility.

[keren29]

nightmare. am on phone now.

 

call 1- CSA - didn't know anything. gave me a phone number to call

call 2 - It was Debitas collections??!! Can't see a record of my acknowledgement letter - said call CS an ask for a manager.

call 3 - CSA - didn't know .transferred me to an accounts specialist. couldn't help. Said there isn't a phone number or even a fax number available for Katherine Blunt and that the department didn't update the system with when statements were sent. Recommended I write back to Ms Blunt in reply to her letter to make sure they arrive within the 40 days.

 

Personally I think the last statment was a porky as I'm sure this lady doesn't sit in a cupboard with no phone, fax , email or contact with the outside world!

 

EDIT: I've just written a letter as a gentle 'nudge' in case they have got lost/forgotten about me and will send it tomorrow.

[keren29]

I've been thinking. The charges I'm looking to claim back (if the statements every turn up!) are for an old closed a/c which has a different a/c number to my capital one card I now hold which I've had for about three years. I think I might do a Data Protection Act letter for this card also. There are probably some charges on this account, not that much I don't think (£100 max I expect), but I think I should go for it - why not??

[keren29]

i'm going for it - D P A letter for the Cap One card I now hold printed off.

 

EDIT - phone Cap One and told a fib. Said my OH had shredded my statements by mistake and could I have copies please? She said yes, they would arrive in 7 working days. I'll hold off the dpa letter for a week to see if I can save myself £10.

[keren29]

Please can a mod change this thread to keren29 v Capital One please?

 

thankyou!

[keren29]

Don't ask me why, but I stuck a note to the door this morning to the postman saying 'please sign for any special delivery letters'........and came home to find my capital one statements sent by special delivery waiting for me (for the old closed account!) They were on day 35 today and I'd seen others had received them by SD, so thought i'd try and pre-empt it by sticking a note on the door every day until it arrived.

 

They send so much stuff! So many screenshots and statements showing a nil balance after the a/c had been cleared!

 

Anyway, the charges total £288 so I'll be getting the prelim off today. Unfortunately, £30 of the charges are June/July 2000, so just over 6 years old, but I'm going to add them in anyway.

 

£200 limit, £288 in charges , a default and a CCJ for £592. i'll be asking for the default to be removed and if anyone thinks I've got a case for the removal of the CCJ I'd love to hear.

[jonni2bad]

You can certainly claim for the charges for June /July since your action to recover started back in June.

 

Looking at your figures, it seems as though approx 50% of the default is made up of charges. This is a tricky one... I think you will have a real fight showing a court that the default was issued incorrectly, although there is nothing to stop you trying.

 

Your best bet might be to include the text for removal in your initial letters and see how things pan out with a couple of other cases in process now (mine included).

[keren29]

ooh, that's good - I presumed I couldn't claim the June/July 2000 ones as my prelim is dated 29 July (6 years and a few days).

 

I put the bit about the default in the letter and I'll see what happens.

[keren29]

Got the statements today for the card I currently hold (claim 2) where I'd called them to ask for the re-prints of statements - very speedy!

 

There's a nice round £100 worth to claim, so a prelim will be going off to them!

 

Glad I thought about it now!

[keren29]

aarrggh.....I used my Cap One CC to pay my MCOL payment for my citicards claim and it took my slightly over my limit and they've stuck a £20 over limit charge!!!!

 

Oh well, that will be £20 to add to my capital one claim 2 schedule of charges!

[keren29]

LBA for claim 1 going off today.

[jonni2bad]

Best of luck

[keren29]

Bog standard letter from Robert Udy re: claim 1. Please give us 4 more weeks etc etc etc.......erm, nope.

[keren29]

re: Claim 2. The lovely Mr Udy has refunded £72 back to my a/c. OFT said it believes £12 is fair etc etc etc........

 

LBA goes on Monday for the remaining £28 and the £20 they charged me this month........

[keren29]

Claim one - MCOL filed today for £288 plus interest.

[keren29]

MCOL changed to 'acknowledged'.