Bean's Timeline (Capital One) ***SETTLED***

[Bean]

Hello all,

 

I have other claims running, with Lloyds TSB. Starting a new thread here as I have just sent a Data Protection Act Subject Access Request to Capital One.

 

I wish you all a speedy recovery of everything the law says you are entitled to.

The good will out.

[callumsgran]

are you an embrace fan? good luck to you also

[Bean]

Thanks for the welcome cillitbanger,

 

I like the phrase and often use it. Apparently the superb Embrace agree as they used it for their album and track. They're a great band who deserve far greater recognition...

[callumsgran]

theyre getting it now, at long last! ive been a fan for about 5 yrs now and went to see them last month, they were brill!!!

[Bean]

Thanks cillitbanger, there's no substitute for live music, glad you enjoyed it.

 

Received a simple reply from Miss KB (Data Protection Officer), Legal Department, saying that they have received my Data Protection Act Subject Access Request and will send info as soon as they receive the info.

 

This is the first time in my dealings with the banks over penalty charges that I have had a prompt, efficient reply. I know it's just a straightforward acknowledgement but it is more than I have yet received. It's good to see someone doing their job for a change.

[morleywhite]

I too recieved a quick response from Miss Blunt and then a week or so later recieved two very full a4 envelopes with every piece off data they held on me and all my statements which i quickly went thru and sent back my L B A letter which she now has 7 days to reply to ............. the clock is ticking Miss Blunt .

[Bean]

Thanks morleywhite,

 

Lloyds TSB current account DPA reply took about 20 days and Lloyds TSB credit card DPA reply took 43 days (info arrived in a torn brown envelope - so much for data protection) so I'm hoping for rather better performance from Capital One. I added a specific note to my Capital One DPA request asking for data to be sent in packaging sufficient to protect it in transit.

 

Good luck with your LBA response.

[Bean]

In a phone call with Capital One over my account, I had within the call the following (paraphrased, not a transcript) exchange:

 

...Bean: Of course, my balance is exaggerated by unlawful penalty charges which I shall be claiming back shortly when I receive a reply to my Data Protection Act request.

 

Capital One: If you object to the charges why did you agree to the Terms and Conditions when you signed your contract with Capital One?

 

Bean: I am perfectly willing to pay the bank's reasonable costs in dealing with my account, but these are excessive penalties. I might ask you why Capital One agreed the contract if they were not going to operate lawfully.

 

Capital One: Capital One is reducing charges in line with the OFT's report. You are not getting any charges at present. As for past charges, the OFT didn't say anything about them, there is no change, the charges stand. The FSA and the Financial Ombudsman have looked into these charges and say that they are lawful [do they really?!].

 

Bean: I believe that the charges are unlawful and if necessary, I would be prepared to test that in a court of law.

 

Capital One: Well that's for you to decide. I don't know what you mean by 'Data Protection request' can you tell me more about that?

 

Bean: I have recently made a Subject Access Request under the Data Protection Act to obtain a list of all the charges that have been applied to my account.

 

Capital One: So Capital One has to provide you with copy statements?

 

Bean: No, just a list of charges and transactions. If it's simplest for Capital One to send that information in the form of copy statements then Capital One can send those to me. Capital One has 40 days days to respond to my request.

 

Capital One: I see. I can tell you how many charges have been applied, would you like to know?

 

Bean: Yes please.

 

Capital One: You have had x overlimit charges and y late payment charges, at £20 each.

 

Bean: So I expect to be claiming back over £800 in penalty charges.

 

Capital One: Well if that is your choice, good luck...

 

Correct me if I am mistaken, but I do not believe for a minute that the FSA and Financial Ombudsman Service have said these penalty charges are lawful. Has anyone had similar comments? Does anyone have any information on this?

 

I was not sure during this part of the call whether she was gathering information to draw me out on something, or if she was genuinely curious.

[callumsgran]

She's probably a bit thick!! i.e she is spouting standard responses because thats what she's been groomed to say!!! carry on and good luck!!!

[give_me_it_back]

Well done old (young?) Bean! Sounds like you really stood your ground and didn't cave in one little bit! "Good luck" indeed! PAH! keep up posted!

[Bean]

Thanks cillitbanger, I suspect she is getting this kind of response more often now and it was her way of finding out what the basis of the 'gripe' is and what action people are prepared to take.

 

Thanks give_me_it_back, (...young-ish Bean by the way) I think it is important to challenge the corporate mirage that the bank staff are fed. As so many do, I have a powerful view on this and I am more than prepared to go to court to argue the point. The bitter toll on the people of this site, and on communities across the land, is outrageous. The nonsense of these charges must stop and those who have been it's unwitting victims must have restitution...rant, rant, etc.

[give_me_it_back]

Hear Hear Young(ish) Bean!!!

[Bean]

...Capital One: I see. I can tell you how many charges have been applied, would you like to know?

 

Bean: Yes please.

 

Capital One: You have had x overlimit charges and y late payment charges, at £20 each.

 

Bean: So I expect to be claiming back over £800 in penalty charges.

 

Capital One: Well if that is your choice, good luck...

 

Does anyone have any thoughts on this?:

From the phone call mentioned above, I know how many charges have been applied to my account, but until I receive my DPA info, I do not know when all the charges were applied. I could send my Preliminary Approach for Repayment now, with the phrase "I know from a telephone conversation with Capital One staff that you have taken £880 in charges, plus interest...I require that you repay to me the charges plus interest levied on them". Do you agree that I could send my PAR letter now (i.e. before I know what the interest figure is) or is there any good reason for me to wait? The charges make up about three-quarters of the balance.

[Tobes]

You could state that, having been supplied with the total charges amount, you will be claiming that amount, and that also, when you have the information, you will also be charging suitable interest. State that you reserve the right to change or add to the figures quoted...

[Bean]

Thanks a lot Tobes, that seems reasonable.

[give_me_it_back]

I would wait until you have it in writing. IF it ever goes to court, the court will see that you acted reasonably.

 

Capital One are pussies anyway - they'll cough up!

[Bean]

Thank you for your reply give_me_it_back.

 

As replies conflicted, I sought further advice from the Moderators, and have confirmed that I can send my Preliminary Approach for Repayment letter now, but this will require care as follows.

 

Though strictly speaking I don't need to include extra wording for example as suggested by Tobes, I will do so for the purposes of clarity.

 

The timing of the PAR letter is such that I should have received a DPA response by the end of the PAR deadline. Assuming they don't repay in reply to the PAR letter , I should then be able to include full details with my Letter Before Action. If the DPA reply does not arrive, I will have to prompt them using the appropriate template letter. Ultimately, as required, my claim will be specific, for repayment of the charges plus credit card interest.

[Bean]

Preliminary Approach for Repayment letter sent 3 August 2006 for the sum of £880 plus whatever interest they have charged me on those charges. Content of letter as described above.

 

My letter included a note about claiming for my consequential losses.

It also served as a reminder by noting the date of my Data Protection Act Subject Access Request, and the date by which a reply is required.

[Bean]

Data Protection Act Subject Access Request reply arrived today.

 

Time to sit down with a coffee and a highlighter, then to work on the spreadsheet to find out what the interest figure is.

[Bean]

Statement data shows the information I was told by phone was incorrect. My account has not incurred £880 in charges (as they said by phone), it has incurred £680 in charges plus £68.82 credit card interest on those charges, total to date £748.82. Charges and interest on charges account for about two-thirds of the present balance.

 

Received a reply on Friday 18 August 2006 from RU, Executive Office Manager, to my Preliminary Approach for Repayment letter of 3 August 2006.

 

It was a 'holding' letter saying they would do their best to get back to me within a further 4 weeks of the date of their letter, 14 August 2006. They enclosed a leaflet titled "Please tell us when we make a mistake", which states "We will: reply to you to tell you we've received your letter or fax within 5 working days". Their letter was dated at 6 working days and arrived at 10 working days, so it seems to me that they are not even meeting their own timeframe.

 

Sorry matey, not good enough, must try harder. Letter Before Action delivered Monday 21 August 2006.

[give_me_it_back]

Go'an yersel' Bean!!!

[Pixlmixer]

Hi Mr Bean

 

"Statement data shows the information I was told by phone was incorrect. My account has not incurred £880 in charges (as they said by phone), it has incurred £680 in charges plus £68.82 credit card interest on those charges, total to date £748.82. Charges and interest on charges account for about two-thirds of the present balance."

 

I'm in a similar quandery here, trying to work out if I can claim for 'purchase interest' whatever that is as it seperate from 'cash interest' on my statements just recieved.

As you mentioned 'credit card interest' I was wandering what that is?

Also, how do we work out the charges and interest on charges as that is what has put my account way over it's limit.

Sorry to be a bit dull here but my figures dont add up... My Acc went upto £472 over my limit but taking out the overlimit and late payment charges and cheque handeling fees (£2 - £6 per cheque) only accounts for around £172 of that. Taking out the payment protection still doesent cover the gap so I guess its all in the interest in the interest as it were! Any help greatfully recieved.

 

Pixl.

[Bean]

Thank you for your encouragement give_me_it_back, spoken like a borderman!

 

Pixlmixer - are you sure that you have allowed for all your purchases? I think I am correct in saying that unlike many credit card companies, Capital One will continue to authorise transactions on your account even when it is over limit. This is, among other reasons, apparently to save you any embarrassment :o at the till, etc. when paying - how kind:p !

 

Cash interest is interest on any cash drawn on your credit card over the counter at a bank. Purchase interest is interest on any purchases you make with the credit card. I used the term 'credit card' interest as a general term, simply to distinguish it from overdraft interest.

 

As I understand it, and I am sure I will be corrected by Capital One or someone here if I am wrong, charges on a credit card account attract interest at the contractual rate from the time they hit the account. I have assumed that the contractual rate of interest applied to the charges is at the lower purchase interest rate, rather than the higher cash interest rate. I hope that helps. If not, get back to me.

[JonCris]

They ARE adding "purchase interest" to their unlawfull fees so it IS recoverable

[Pixlmixer]

Thankyou both...