Cap One POC***WON***

[Brian2009]

Hi

Can anyone point me to a POC for Capital One? I have charges going back to 2001 totaling £590 and I want to charge restitution interest of £2820. These charges are between 2001 and 2009, and I have SAR them to see if there are any further charges to add to the claim. Once I have these, I will do lba letter. I am asking for the POC just to get my head round what i need to do!!

Thanks

Brian

[ims21]

Hi there

 

Welcome to CAG

 

Have a look here

 

http://www.consumeractiongroup.co.uk...arges-poc.html

 

ims

[Brian2009]

Thanks, I had been looking in the wrong place!!

[Brian2009]

Hi

Now had SAR details back from Cap One. Application signed in 2000, terms & condition supplied from Sept 2010! Have drafted prelim letter based on library version, but what interest rate for restitutional interest can I charge. My current statement rate is 21.73%, but a year ago it was 27.21%. In my SAR I did ask for details of interest rates applied and their response was 'Please be aware that any changes in your interest rates would havebeen included in your original monthly statements' (If I had the statements, I would not have done the SAR!!)

Thanks

[ims21]

Hi

Now had SAR details back from Cap One. Application signed in 2000, terms & condition supplied from Sept 2010! Have drafted prelim letter based on library version, but what interest rate for restitutional interest can I charge. My current statement rate is 21.73%, but a year ago it was 27.21%. In my SAR I did ask for details of interest rates applied and their response was 'Please be aware that any changes in your interest rates would havebeen included in your original monthly statements' (If I had the statements, I would not have done the SAR!!)

Thanks

 

Personally I'd use the higher one

 

ims

[Brian2009]

Thanks ims21, I have now sent off my Prelim letter. Enclosed in my bundle from Cap One following the SAR was copy of my Cap One application form, from 2000, a T&C threefold leaflet 15279/TS&CSFLY/0910 - which I take to be T&C relevant to Sept 2010? Also a single sheet with current terms. Neither of these have a para 23 which is referred to on my application form. Does anyone have a set of T&C from 2000 that I could have a copy of??

Brian

[Brian2009]

I sent my prelim ltr, based on the CAG template letter, but included in a para

"I further request that you send me a copy of the terms andcondition relating this account, which were in place at the time the accountwas open, as the Application form refers to para 23 which is not included inthe Terms and Conditions, of September 2010, which you have supplied."

 

Cap One have responded with;

"Its going to take us a little while to look into your situation and come back to you with a detailed response. We'll do everything we can to get an answer back to you with four weeks of this letter."

Can I go ahead and send them lba, or do I have to await their full response?

[ims21]

Hi

 

Did you give a time limit in your prelim letter?

 

If, say, you asked for your refund in 14 days and that time has elapsed then you can do your lba. You set the timescales.

 

Having said that, some might say that to be fair I will give them the 4 weeks and then send lba.

 

Personally, my favoured approach is to stick to my own as I think a 14 day prelim and 14 day lba is time enough. In reality there is no way these big institutions struggle to get information together but they will claim they do struggle just to confuse and confound.

 

ims

[Brian2009]

Thanks ims

Prelim ltr was sent on 23rd June, so I will wait until 14 days (mentioned in Prelim ltr) to elaspe, then send lba. I figure they have the staff and resources to find a set of terms & conditions requested. Not actually sure if and why I need the T&C's?

[ims21]

Hi Brian

 

While it may be considered "Good Form" to have the original T&C's it is not essential. I think in this case that if you actually had to get in the court room you will say to the Judge that you have requested appropriate T&Cs on more than one occasion which the lender has either been unable or unwilling to supply.

 

Accordingly you have been put in a position whereby you can only rely on the sets of T&Cs which the lender has chosen to provide to you and that interestingly, the particular clause about which you are concerned is missing from the sets that the lender has provided.

 

 

ims

[Shelley181146]

Thanks ims

Prelim ltr was sent on 23rd June, so I will wait until 14 days (mentioned in Prelim ltr) to elaspe, then send lba. I figure they have the staff and resources to find a set of terms & conditions requested. Not actually sure if and why I need the T&C's?

 

Hi Brian,

I think I already know the answer to this but have you received a response from Cap 1 yet?

I have an almost identical case which I have taken action through the courts.

 

Shelley

[Brian2009]

Hi

Yes. Evrything came back within the 40 days. Copy of original contract, but made up T&C's. Prelim letter was responded to with a silly offer, which was rejected.Then revised offer of about b75% was made, and I accepted that.

Brian

[ims21]

Hi

Yes. Evrything came back within the 40 days. Copy of original contract, but made up T&C's. Prelim letter was responded to with a silly offer, which was rejected.Then revised offer of about b75% was made, and I accepted that.

Brian

 

Hi Brian

 

Do I read this as being settled and all done and dusted?

 

If so we can the thread title changed for you to reflect your success.

 

Regards

 

ims

[Brian2009]

Hi

Yes, please mark as completed, not sure it can be consider as 'won', as I grabbed the money and ran!! Should have stuck with it and screwed them!

Brian

[ims21]

Hi Brian

 

I assure you its a win.....you got what you were happy with at the time and that's what counts...you being happy.

 

Well done for your success.

 

Regards

 

ims

[silverfox1961]

Title changed as requested

[Shelley181146]

Hi

Yes. Evrything came back within the 40 days. Copy of original contract, but made up T&C's. Prelim letter was responded to with a silly offer, which was rejected.Then revised offer of about b75% was made, and I accepted that.

Brian

 

To be honest that wasn't the response I expected but I am pleased for you. Glad you had a successful result.

 

Not sure how their selection process works to which claims they pay and which they don't because ours is almost identical yet they have invited me to withdraw our claim, ha! As if.

 

Shelley