Capital one reclaim charges confusion

[dx100uk]

not alot of point in poking them with the stick about 40days

they know whats coming.

 

TBH: it will matter not if you give them your sig

its only in cases of them trying to fleece you on unsigned agreements you need to bother about that on.

 

dx

[Bigdebtor]

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?

 

It's not like Capital One to make a "decent offer" if they can get away with it! They usually go right to the wire when forced to make a "decent offer" They offered me about £800 back in unfair charges and about £100 in interest. I have calculated the interest due back is over £3000.

 

Also they must refund ALL charges - not just balance over £12 - AND all charges right back to the very first one levied - not just charges for the last 6 years. They will probably try all of these lies first to reduce what they have to pay out.

 

I am in deadlock with them now. They won't increase their offer - but in the meantime have put CCS on to me for the current balance of around £500 - even although they have actually offered me more than that back. I

 

just need to shake myself out of my lethargy and go after them for the £800 in charges plus £3k interest.

 

BD

[junior232]

Hi

 

An update with my S.A.R request from capital one.

 

Basically i sent an S.A.R request from capital one in august, i received a reply from them a few weeks later asking for a signature and the 40 days does not start until the receive the signature, on my original letter it did have an signature on the letter i only put crosses over it, so i sent a reply back to capital one about 2 weeks ago stating i had signed my first letter to them and enclosed a copy of it i also signed that letter without any crosses over it, i also stated if i dont receive anything within the next 7 working days i would take this further.

 

So far heard nothing back from capital one, when cap 1 did reply to me in august it was from a manager had his name on the letter although i cant remember the name, could it be he doesnt work there anymore or something like that?

 

Basically i would like to know what my option are now and what i should do?

[maroondevo52]

Hi, junior.

 

There's Non-Compliance letters here....................

 

http://www.consumeractiongroup.co.uk/forum/content.php?593-Data-Protection-Act-Non-Compliance-Template-Letters

[Bigdebtor]

MD52

 

Great Template - just what I need in my ongoing fight with Activ Kapital who tell me that the OC (Egg) "no longer hold any records pertaining to the account" and that what they have sent (alleged copy of NOA - which was never sent Recorded Delivery as required by LOP 1925, a microfiche copy of my signed agreement and a copy - but not identical to my copy - of T&C's) - which they say is "sufficient for AK to rely upon if court proceedings were to be issued".

 

I've also got a full copy of the Money laundering Regulations 2007 to hit them with if required as well.

 

Currently I intend to sit it out until they get much heavier and then hit them with this template - but any advice welcome if you have other suggestions.

 

BD

[junior232]

Hi all,

 

I have finally had a response from capital one regarding my S.A.R. I have included there response below along with a few statements, i have few questions regarding there response which i find very dodgy, if anyone can help me out i would appreciate it.

 

1) Could someone read there response and comment if there is anything that doesnt sound right

 

2) The statements capital one sent me are unusual the format i find dodgy, are they similar to what other people have received?

 

3) I have included a few statements below if you look from the months 21/04/2003 to 21/06/2010 there are no charges what so ever for late payments and it shows no money being paid in, and if you look at months 21/07/2003 to 21/11/2003 there are no late payment charges, i have gone over my credit limit so there are no over the limit charges and for some reason from october 2003 to november 2003 the balance decreased but the statement is showing no money being paid in.................................any comments on this as im very confused by all this? i have yet to see a credit card company who doesnt charge for late payment and over credit limit charges.

 

4) Capital one have stated i brought my balance to a zero with a final payment on the 28/05/2004 but what i cant seem to understand is, capital one also sent me 4 years worth of statements from 28/05/2004 (where my account was closed) to 24/05/2008, why was my account open that long? as far as i knew a default was recorded and my account was closed which is what all banks do when they record a default close your account.

 

 

 

 

 

Edited January 14, 2011 by silverfox1961
removed letters due to bar codes

[silverfox1961]

Hi,

Regarding giving you a copy of your agreement. They are correct. Where an account is cloed and no money owing, they have no obligation to supply the agreement.

A notice of assignment would have been sent if the debt had been sold on. As you closed the account, no NoA was issued. The same applies to a termination notice.

The statements they have sent are basic summaries of the activity on your account, not actual copies of the statements sent to you each month.. As far as I can see from the statements you posted above, no PPI was added. Was it added to earlier statements?

 

I cannot explain the discrepancies with the statement amounts. You will have to go back to Cap1 for an explanation. It may just be internal accounting.

 

Sending you a PM

[junior232]

Hi, the statements i posted above are the earliest ones, one thing i cant seem to understand is i was sent an computer screenshot which actually stated i am getting ppi, but its not showing on the statements and i cant remember if i did take the ppi.

 

Are the statements above similar to what other people have got from capital one? also can i request more detailed statements from capital one? how am i supposed to work out the compound interest when i dont have the monthly interest i was charged by capital one?

[silverfox1961]

comments in red

 

Hi, the statements i posted above are the earliest ones, one thing i cant seem to understand is i was sent an computer screenshot which actually stated i am getting ppi, but its not showing on the statements and i cant remember if i did take the ppi.

 

The statements are the important thing. If they are not showing any PPI payments being taken then it's highly unlikely you actually had it even though their screenshots say otherwise

Are the statements above similar to what other people have got from capital one? also can i request more detailed statements from capital one? how am i supposed to work out the compound interest when i dont have the monthly interest i was charged by capital one?

 

I also have statements that look exactly like that

 

If you feel they have left out information, you will have to write back

[junior232]

Ok you stated you cannot explain the discrepancies with the statement amounts, but dont you think its unsual that i wasnt charged anything for those months?

 

Also did you manage to work out your monthly interest figure for each month?

[junior232]

Response from capital one

 

 

Edited January 15, 2011 by junior232

[dx100uk]

go get those charges back + int at their rate

 

dx waves to the guests too

 

dx

[junior232]

Thats the problem the statements they sent which you will find examples of above in older posts doesnt state any interest rates, how can i find out the interest rate? would the credit agreement tell me the interest rates? also would i be able to gain more detailed statements?

[dx100uk]

nope you've got what you are going to get

 

there is nothing wrong with where you do not know the int rate to guestimate

 

where you do ... use it.

 

if they dont like it tough! they'll have to prove it wrong

 

under fos guidelines you can guestimate

 

dx

[silverfox1961]

That is an issue with the interest rates but not that much of a problem. I'm assumimg they didn't send you any terms and conditions either. I have T's&C's from 2004 and the rate was (for my card) 17.23%. I also have an earlier set but there is no date on it. This rate was 15.5%

[junior232]

Hi, capital one did send me a copy of my credit agreement, i have included the relevant section below from the credit agreement regarding interest rates, my credit limit was £200, can someone point what my interest rate was?. I am in the process of contacting capital one regarding the months where i did not make any payments and i went over my credit limit and i wasnt charged any charges for 6 months looks a little dodgy to me, does anyone have any comments on this, why do you think cap1 didnt charge me anything? any help on this will be appreciated.

 

[silverfox1961]

Oh goody, a high interest rate (29.9%) You can charge them that rate as they have had benefit of your money. If you want to get complicated you can compound it. That makes a higher figure in your reclaim.

Here is a spreadsheet calculator link:

http://www.consumeractiongroup.co.uk/forum/content.php?559-Interest-Calculation-Spreadsheets.

[junior232]

Hi,

 

I am going for the compound interest as there is only £160 worth of charges but im sure i did pay a lot more but the statements sent by cap1 dont show anymore, i cant really remember how much worth of charges i did pay so i cant really argue.

 

What about the months where i did not make any payments and i went over my credit limit and i wasnt charged any charges for 6 months looks a little dodgy to me? this is my main concern no credit card company would let you get away with any charges let alone for 6 months.

[silverfox1961]

That's why I said you may need to contact Cap1 again for clarification. It does look strange that they haven't put any charges on. They did with me.

[junior232]

Ok should i do this by letter or would calling them be ok?

[silverfox1961]

Ok should i do this by letter or would calling them be ok?

 

COUGH COUGH SPLUTTER Call them-You are joking aren't you:lol:

 

No, from now on, do everything in writing. Should this matter actually get in front of a judge (highly inlikely) you will need to show that you have followed correct procedure. Cap1 do tend to settle but only after court papers have been served.

Make sure you send your letters RD. You want proof they actually got there.

[junior232]

Lol sorry ill write them a letter instead of calling. I have written a letter could you check and see if it is suitable please.

 

Dear Sven Lagerberg

 

Thank you for your letter dated 15/01/2010. I am writing in response to my S.A.R request for which you have provided statements showing my account activity.

 

From the months 21/04/2003 to 21/06/2010 there are no records of money being paid into the account to cover the monthly minimum payments, therefore there should have been late payment charges added to the account during those months.

 

From the months 21/07/2003 to 21/11/2003 again there are no records of money being paid into the account to cover the monthly minimum payments and my balance clearly shows that I was over my credit limit during those months. Again no late payment charges or over the credit limit charges have been applied during those months.

 

I am asking for clarification regarding this matter as to why no charges were added to my account during periods stated above.

[silverfox1961]

Before you send the letter, did you get screenshots from ProphIt? You should have and if so, try to reconcile what the statements say with what is on ProphIt. It may be that they screwed up and didn't place any charges for those months

[junior232]

What is prophit? i apologise if im sounding dumg but im not familiar with all of this reclaiming process. The only screen shots i have got are from capital one and on there it states APOLLO!!!

 

There are a few other screenshots without the name apollo which shows them setting up my account, on one of the screen shots it actually states PPI required "YES" and then it says PPI cost "NOT SET". My problem is i cant remember anything at all it was 7 years ago when i opened the cap1 account.

 

I will check with the apollo screen shots to see if there is anything that mentions charges.

[junior232]

Right after looking at the screen shots, i noticed 2 messages on the screen shots "CH ADV PYT ON WAY" and "ADV OVL CHRG ON A///ADV PYUMT T/F//ADV/LPF WL COME" does this mean a charge is going to be put on account?

 

Apart from the above 2 messages there is anything else which states a late payment charge or over the limit charge