Just starting a cap one claim.

[panther12]

Hi, I'm helping a relative who over the last 6 years has been charged £140 in late payment fees on their Capital One CC. I've seen the address to use for sending the DPA letter but as they have got all statements showing the charges we can skip that stage. I looked on the cap1 website for their address and just wanted to confirm if this is the correct address to use for sending the preliminary letter? Thanks

 

Executive Office

Capital One

PO Box 5281

Nottingham

NG2 3HX

[alanfromderby]

Spot on!

 

No doubt you will receive a reply from Robert Udy to tell you that he has refunded £40, in due course!

[panther12]

Cheers. I will get to work preparing the second letter in anticipation and update the thread with any news.

[crawley_girl]

Ha ha! Spot on with letter from Robery Udy and £40 refund! Ha ha!

[MICHFERGIE]

Yes I am too they have been harrassing me and phoning me at least 14 times a day, they are rude and I do not want to talk to them now.

 

They have charged me & my husband over £1000 + our two cards were only a £1000 each and we cannot get them under this because of the £60 a month charges they keep adding on even when we pay they are still phoning us.

I am reluctant to pay anything to these idiots one note the person who phoned yesterday said these letters we are sending do not come into operation till the 31st May legally? not quite sure what she meant.

 

Thansk

 

Michfergie

[panther12]

You lot with your crystal balls were spot on Goodwill gesture of £40 refunded to the account. To clarify, do I now write a revised preliminary letter refusing their offer, or go straight to the LBA? Thanks

[panther12]

This is what I sent to Cap1 in reply to their standard letter. Hope it was Ok as I used snipets from various posts on the forums. Had no reply yet and the deadline is almost up so looks like a moneyclaim job if they don't pull their finger out.

 

 

 

LETTER BEFORE ACTION

 

Dear Sir

 

Account Number: xxxx

 

Thank you for your recent letter in reply to my request for repayment of charges.

 

I note your comments and although I welcome the £40 refund back to my account, I must point out to you that my position in this matter is to reclaim the FULL amount of charges which you have applied unlawfully to my account over the past six years.

 

I require full payment which, after deducting your offer of £40, is a total of £100

 

I refer you to the OFT’s action on credit card default charges, in which they consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults. What costs were in the reasonable contemplation of the consumer would be a question for the court to decide.

 

In your letter you say that the OFT believes default charges of £12 are likely to be fair. The OFT are not suggesting that default fees set at £12 are fair, and a court will certainly not consider that a default fee is fair just because it is below the threshold.

 

The correct interpretation of the OFT’s statement is that they would consider £12 to be so high and a point in which they would automatically consider it to be unfair and would automatically take action in the absence of specific proof that the figure was justified.

 

As previously stated I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act.

 

I would hope this matter can be resolved without the need for court intervention and I’m sure we’ll be able to put this experience behind us.

 

Yours faithfully,

[panther12]

Was ready to complete the court papers then received notification from my brother that cap1 have repaid the £143 back to his account in full. A nice result and a learning exercise to get me ready for the big one with the Co-op bank.

[panther12]

This topic was closed on 2019-03-08.

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