Capital one reclaim charges confusion

[junior232]

Hi all,

 

I had a capital one credit card a few years ago and i was charged a lot and i have decided to claim them back. The account is closed and has been for a few years, capital one also put a default on my credit file im just a little confused on how to reclaim the charges and gain a copy of the default notice.

 

Am right in stating i need to send a Subject access request to gain copies of all my statements including the charges and to inclose a postal order for £10? what do i write on the back of the postal order?

 

For the default do i send a CCA and a postal order for £1?

 

I am hoping to send both requests together, so if i am not doing the right thing please let me know.

 

Could someone give links to the template letters please.

 

Thanks for any help in advance.

[junior232]

One more thing, i dont know any of the account details so would they be able to find everything out using my name, address and date of birth?

[silverfox1961]

Hi,

If you make sure when you send the SAR that you include everything you want, they usually send it to you. (except the default notice). Make sure you include the CCA as well in your request.

 

The DN is a generic document and they don't store it on their systems. All the screenshots will show is that it was issued.

 

The account history sheets which you should get will be from the ProphIt system but they also have another one called Apollo. It may be worth asking for them too as they sometimes have more info than the ProphIt.

 

As you can't remember your account number, they may have to do checks to make sure you are who you are. If you give as much info as possible (including previous addresses if appropriate) that may help

[junior232]

Thank you for replying back, so would the template on consumer forums be ok to use? i will of course add i would like th default notice.

 

Would £10 postal be ok? im asking for statements and default evidence.

 

Lastly what do i write on back of the postal order?

[dx100uk]

leave the PO blank.

 

you dont need to cca them as they will not comply anyhow as the A/C is closed.

 

just sar them with a blank £10 PO

inc you ad details & any other addresses you might have lived at if the A/C was taken out prior to a move at any time

 

dx

[junior232]

Hi,

 

thank you for replying. Would the below subject access request letter be ok to use?

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

 

I would like to see if capital one did send any default letters to me, im pretty sure they didnt send me any, so would the subject access request cover this and capital one would have to send the information on the default, i have read the above subject access request link and it doesnt mention anything about a default so im a little confused, could someone check the link and see if the request for default information would be covered in the above S.A.R template.

[maroondevo52]

Hi,

 

You could edit this one to suit.................

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Regards.

 

Scott.

[dx100uk]

you will not necessarily get the default notice itself or even a copy but just a note in their system that it was sent.

 

so don't hold up too much hope

sadly they do not HAVE to provide copies of automated letters

only that their 'system' produced one.

 

dx

[junior232]

Should i use the capital one data protection act address listed in the capital one forum?

[junior232]

I have just realised that most of my charges i did get were more than six years ago, i opened the credit card account in 2002 and during 2002/3 is when i got most of my charges, would i still be able to reclaim?

[podperson]

I sent my SAR to this address:

Legal Compliance Specialist

Capital One Bank (Europe) Plc

Trent House

Station Street

Nottingham

NG2 3HX

 

And they were actually surprisingly good with it, had it back in under 4 weeks and with everything I wanted included. I'm under 6 years on this account though so no issues on that. You can claim over 6 years so if they do send something back saying that they will only provide 6 years worth of transactions then there are templates for responding but just send the SAR off and see what you get

[junior232]

Ok thank you i will be sending of the S.A.R today.

 

Just one last thing, would i be able to get the refund sent to me by cheque or bank transfer, thats if i do get one?

[dx100uk]

depends if you have arrears or not

 

they can offset arrears only.

 

but you'll need to do a spreadshett before you reply anyhow.

 

wait fir the sar first

 

dx

[junior232]

Hi,

 

I have just been reading around signing the S.A.R letter, some people havent signed there letters.

 

I have written the S.A.R by hand on lined paper, so should i sign and put xxxxxx over my signature so they cant lift it?

[podperson]

Capital One do tend to kick up a fuss if you don't have a signature on the letter. If you are also requesting a CCA and think they might not have a valid one then sure put crosses or something over the signature. I wasn't that bothered about the cca as they owe me quite a bit more then I owe them If the account is closed though you probably wouldn't need one anyway.

[junior232]

Hi an update to my S.A.R request to capital one, they have responded this week basically saying they need a signature and will not fulfil the s.a.r request without a signature and the 40 days starts until they receive a signature. I have copies of my original s.a.r to capital one and i did include a signature but i put crosses over my signature so they cant lift it, i did put a lot of crosses over it and got carried away but you can just about see my signature so i dont reallly know why they have stated this, they havent returned any letters that i wrote or the postal order of £10,

 

Could someone advise me on what i can do next please?

[dx100uk]

in your instance what can they do with a lifted signiture anyway?

 

its a closed A/C

 

sign it.

 

dx

[podperson]

If the account is closed then you don't need to look at enforceability so doesn't really matter about the signature surely? I've signed all letters to them since I was just after my charges back - and have just got a decent offer from them - and sounds like you're in the same situation. Since you've already paid the account off not sure what you would need the cca for?

[junior232]

Hi,

 

I am requesting a S.A.R to get all my statements so i can reclaim charges, my only concern is capital one will want 40 days from the day i send them a signature, my original letter to them did contain my signature, can i send my signature to them and state i did provide my signature and that the 40 days time is still running from the date of the original letter? a few legal quotes would help but im not sure what to put in my letter to them.

[maroondevo52]

In your original letter, was this a SAR, when did you send it and was it sent recorded delivery ?

[junior232]

My original letter was a S.A.R I sent it to capital one on the 15/06/2010 and it was sent recorded delivery. i have just checked my original letter and you can clearly see my signature but with crosses over it.

[junior232]

Bump

[maroondevo52]

Write to them, giving them your signature, explaining you have already send it with your origional request and that you have proof they received it, enclose a copy of your origional letter.

[dx100uk]

from the archieves:

 

Select committee on Trade and Industry minutes of evidence

(1996 Legislative working party)

2. The working party looked at the legal issues regarding the terms document, writing, signature, instrument, and records of transactions and originality. The Government's current proposed legislation focuses particularly upon the issue of signature. The working party considered the leading case in English law on signature methods, Goodman -v- J Eban Limited. That decision established that:

2.1 mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

2.2 a signature can be by a mark rather than a name as long as evidence can be given to indentify the placer of the mark and the intention to sign; and

2.3 words other than a name can amount to a signature if the necessary intention to sign can be proven

Now although this working party was looking into the Electronics Commerce Bill it points to . .

Goodman v J Eban Ltd (1954)

A solicitor signed a solicitors bill with a rubber stamp which contained the name of the law firm. In the judgment it was determined that the rubber stamp was a valid signature, even theough the Solicitors Act of 1932 required a solicitors bill to be signed; it was established that it is enough to demonstrate that the rubber stamp was affixed by the solicitor with the intention to sign the solicitor's bill.

So now taking the highlights above I go to:

Interpretations act 1978

Schedule 1

1973 c.37.

"Writing" includes typing, lithograpgy, photography or other modes of representing or reproducing words in a visible form and expressions refering to writing can be construed accordingly

 

 

dx

[junior232]

Hi thank you for replying back, i am trying to find the relevant sections which you posted, should i use the post word for word on my letter do i need to include anything else?

 

Also should i state how much time is left from the date i originally sent the S.A.R request?