Is this Capital One CCA enforceable?

[bustthematrix]

Well, follow through then and file that complaint officially with the FOS. Get a reference etc and pass it on to Cap One.8-)

[Blondmusic]

I am just letting the FOS deal with it now. Capital One have had enough chances to sort themselves out.

[Bigdebtor]

Blond

 

Any progress?

 

BD

[bustthematrix]

Yes, beware the FOS, they are not exactly known for their speed.

[Blondmusic]

I have forwarded the complaint onto the FOS and they are now dealing with it. Just waiting for a reply.

[theshuffler]

subbing

[HONESTKNOB]

Subbing too. I'm expecting an offer from Cap One very soon too

[Bigdebtor]

I have forwarded the complaint onto the FOS and they are now dealing with it. Just waiting for a reply.

 

You've probably got time to read War and Peace a few times over while you're waiting!

 

I would ring FOS and ask them where they are with it or how long they think it'll be before they get moving on this.

 

BD

Edited September 8, 2010 by Bigdebtor

[Bookworm]

Bluddy hell, why all the faffing about?

 

I really wish I had seen this thread long before now, I can't believe you have allowed these clowns to drag this on for 9 months, and NOW going for the FOS which will take even longer?????

 

It's really simple:

 

Cap1 charged the charges.

You reclaim against them. 100% of the charges plus interest paid on those charges.

Prelim letter.

LBA.

Expiry of LBA: issue N1, amounts above (up to date) + 8% stat interest.

 

Then they pay up. That's it.

 

You make a nice donation to CAG which has helped you getting rid of them.

 

Then you tell Capquest to go forth and multiply or take you to court if they dare.

 

Then you ignore them until they do try to take you to court and you get on with your life.

 

There you are, done and dusted in a matter of weeks.

 

Soooo, since this advice is coming about 8 months later than it should have, my suggestion is this one: You write to C1 once more, and say something like this:

 

Dear clowns,

 

I have been reviewing the file on you and see that you have failed to refund me in full, arguing a certain agreement between Capquest and yourselves and other spurious arguments.

The long and short of it is, I really don't care what relationship you have with them, and it's none of your business what relationship I may or may not have with them either.

You charged ME default charges for years, you have agreed to refund ME those charges, and it is therefore to ME that you will refund these charges. How I handle Capquest thereafter or what arrangements I may or may not come to with them has absolutely NOTHING to do with you.

 

In order to bring this to matter to its long overdue conclusion, I can now confirm that I will accept the sum of [do your maths yourself, lol], as long as it is sent within 14 days of this letter and not one day later. If you fail to do so, I will file at court on the 15th day to reclaim the total sums + interest accrued on that account + 8% statutory interest + court fees and other expenses incurred by me in the matter.

 

Yours, etc...

 

 

I know you're a girl, so am I, doesn't mean you have to behave like a lady with people like that.

[Bigdebtor]

I don't disagree with Bookworm (wouldn't dare!).

 

However AS WELL as doing what she says I would also chase up FOS. After all they're a publicly funded body and it would be nice to know what they're doing for the money we pay them.

 

BD

[Bookworm]

The FOS will suspend all activities whilst there is a court case going, as the court's decision will be legally binding and theirs is not.

 

And you can disagree with me to your heart's content, my dear!!! (You'd lose the argument, of course, but that shouldn't stop you from trying. )

[Feelingdownandout]

hi there, I am looking in and wondered if there is an update yet, as I too defaulted on a crap one acct, had loads of chargess and PPI added, this all happened months ago and I have now cleared the debt off, but after joining cag have discovered that I do have some power over my debts and want to take control of this account, the account is not closed but at £0 (which is so nice to see), can i go back to crap one and make a claim?

 

seems like like to give the run around where they can and want to be confident of what I am doing before I do it!

 

thanks anyone

 

xx

[Bigdebtor]

FDAO

 

OF COURSE you can still eclaim ALL your default charges - AND interest - read this and other Cap One threads and get the picture - then look at the spreadsheet on CAG and put your claim together. If you don't have all your statements then do a SAR on Cap 1 and start from there. Any more info needed - just ask.

 

Good luck!

 

BD

[silverfox1961]

hi there, I am looking in and wondered if there is an update yet, as I too defaulted on a crap one acct, had loads of chargess and PPI added, this all happened months ago and I have now cleared the debt off, but after joining cag have discovered that I do have some power over my debts and want to take control of this account, the account is not closed but at £0 (which is so nice to see), can i go back to crap one and make a claim?

 

seems like like to give the run around where they can and want to be confident of what I am doing before I do it!

 

 

xx

When you are ready to go down this road, start your own thread in this forum.

getting charges back from Cap can be as short or as long as you choose.

I prefer the shortest route so

1: Get ALL your statements (by SAR if nescessary)

2: Preliminary letter for all you charges back plus contractual interest-compounded

3: They refuse and offer the difference between what you were charged and £12

4: Letter before action

5: They either back down or continue to refuse

6: If refused. Serve papers

7: Payout

Edited September 14, 2010 by silverfox1961
spelling

[Bookworm]

When you are ready to go down this road, start your own thread in this forum.

getting charges back from Cap can be as short or as long as you choose.

I prefer the shortest route so

1: Get ALL your statements (by SAR if nescessary)

2: Preliminary letter for all you charges back plus contractual interest-compounded

3: They refuse and offer the difference between what you were charged and £12

4: Letter before action

5: They either back down or continue to refuse

6: If refused. Serve papers

7: Payout

Copyfox.

[Feelingdownandout]

most of the charges were £12 if my memory serves me right, I have a thread on the go at the min for the Halifax (robbing so and so's!) so taking one step at a time, I am hoping to claim the £12 charges back as well as there is no legislation anywhere that states that £12 is a fair and reasonabel charge to make as cap 1 or anyone else cannot substantiate that they incurred those charges to begin with:-) (well hope not anyway!!)

 

xx

[Bigdebtor]

Spot on! They CAN'T justify £12 and WON'T give ANY figure when pressed - so ALL of the £12 IS RECLAIMABLE - along with contractual interest at THEIR rates compounded monthly PLUS Statutory 8%. (Just wish we had the overdraft chares so well under attack!).

 

Cap One usually go to the wire - getting court papers - then pay up in full from what I've read on CAG.

 

With that in mind I need to get my *rse in gear nd get the papers served as they are refusing me anything like what I'm due (£800 insttead of about £4k) - and then I'll be able to confirm this bit - and be £4k better off - come to think about it - goodbye - I've a court to go to!

 

BD

[Feelingdownandout]

good luck!

[bustthematrix]

Silverfox, BigDebtor and BookWorm, this is obviously quite a straight forward process for those in the know on how it goes. I've not had as much time recently to post here but to help others looking in, could you please list/link in this thread a few "success threads" where Caggers have followed the process you've outlined above and had success reclaiming credit card fees against Capital Uno?

 

Many thanks

[bustthematrix]

...and then I'll be able to confirm this bit - and be £4k better off - come to think about it - goodbye - I've a court to go to!

BD

Sorry BD, I missed this bit somehow. All the best with your application.

 

rgds

BTM

[Bookworm]

Silverfox, BigDebtor and BookWorm, this is obviously quite a straight forward process for those in the know on how it goes. I've not had as much time recently to post here but to help others looking in, could you please list/link in this thread a few "success threads" where Caggers have followed the process you've outlined above and had success reclaiming credit card fees against Capital Uno?

 

Many thanks

Well, there's me for starters, I reclaimed for myself and for one of my friends. I'll see if I can dig out a few more.

 

Edit: Here's the success sub-forum, you can easily backtrack to people's threads from their success post.

 

Edit 2: There's mine. Can't find the one I did for my friend, that's the problem when you have so many bloody posts.

Edited September 21, 2010 by Bookworm

[Blondmusic]

I have received a couple of letters from Fredricksons and Bryan Carter regarding a Capital One credit card, with a £100 limit that is now over £200, I have been unable to pay. Wescot had it first but after sending the Prove It letter they then passed it on to Freds.

 

I sent the prove it letter off to Freds earlier this month and this is their reply,

 

We thank you for your recent communication.

 

Your account has been placed on hold for 15 days to allow you to contact our client on freephone 0800 xxxxxxx for the information you require.

 

In the meantime, please continue with your payments towards this account or if you have not set up an arrangement yet contact us on 0845 xxxxxxx immediately.

 

Now if I am not mistaken it is up to Freds to prove I owe this not for me to phone Capital One for the information.

 

Can anyone help with a suitable reply?

[BonM]

I would suggest sit back and wait, do not pay another penny to them, as the account is in dispute. And you are correct, they need to prove it, not the other way around. Maybe someone else could add to this?

[BRIGADIER2JCS]

If you have no reply in the 12+2 days if have done a CCA request put the account into dispute.

[BonM]

yes, need to send a letter stating account in dispute. Can find from the library. Or if someone has a link to a template?