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Ben v capital one


lancemate
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Hi guys,

 

Pretty much as soon as i discovered the wonderfull world of CAG a couple of weeks ago, i received a letter from cap one saying i had now officially defaulted and my account had been closed, i owe them £1300 and they said i would be contacted shortly to discuss repayment (also said they could ask for it all back at once!) - they have not contacted me as yet (although i did send them the estimated charges claim letter off the BBC website, before i found CAG)

 

I estimate they owe me approximately £1400 in late payment and overlimit charges, and have today sent my subject access request letter (im expecting a novel on manual intervention notes lol)

 

My question is, can i refuse to arrange repayment with pending legal action on my part? Also are they any more likely to settle the account easier than is normal, with me having conclusive proof that they have suffered £0 losses from the account (due to charges being higher than balance owed)

 

This card has been the bain of my life since the day i received it 3 years ago, i can't wait to be rid of it!

Natwest: £4175, Prelim sent 24/01/07

Capitol One: S.A.R sent 24/01/07 (estimated £1400)

Halifax: S.A.R sent 24/01/07 (estimated £2000-3000)

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hoya there in short yes you can refuse to discuss payment as the amount is in dispute due to you finding out about unfair charges etc

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I have a creditcard in dispute and they passed my details to a debt collection agency. I didn't give them permission to give my details to a third party and telephoned them and told them so. This is a sneaky trick they do they often sell your debt to a debt collection agency just to get the money they want and as a way of not dealing with you. I told them if dca takes me to court I will request it goes to my local one so I can defend myself and tell the judge that the account was in dispute before it got sold etc etc etc They just said ok get the amount you want back in a letter a.s.a.p and we will negotiate this from the money you owe us. ( I just have to get the darn spreadsheet working) Keep a copy of everything

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received a settlement offer before ive even received my statements from my SAR, £280 - No Thanks! :)

 

any chance a mod could please change thread to title - Ben vs Capital One, many thanks in advance.

Natwest: £4175, Prelim sent 24/01/07

Capitol One: S.A.R sent 24/01/07 (estimated £1400)

Halifax: S.A.R sent 24/01/07 (estimated £2000-3000)

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received a settlement offer before ive even received my statements from my S.A.R - (Subject Access Request), £280 - No Thanks! :)

 

any chance a mod could please change thread to title - Ben vs Capital One, many thanks in advance.

 

You better hope that your charges don't total up to less than that, or you'll be gutted you turned it down. lol :D

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i know for sure they dont! £40 / month for 3 years!

 

the offer is for the reduction of £20 charges to £12 for the last 12 months, insulting!

Natwest: £4175, Prelim sent 24/01/07

Capitol One: S.A.R sent 24/01/07 (estimated £1400)

Halifax: S.A.R sent 24/01/07 (estimated £2000-3000)

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almost as nice as the £4200 i'm into natwest for :)

 

which reminds me, i wrote my claims out in a signature the other day and theyre not there! :confused:

Natwest: £4175, Prelim sent 24/01/07

Capitol One: S.A.R sent 24/01/07 (estimated £1400)

Halifax: S.A.R sent 24/01/07 (estimated £2000-3000)

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Can someone point me in the right direction of a wont discuss payment and you cant default me as im disputing balance template letter please, i know ive seen one somewhere but cant seem to find it.

 

Thanks guys, PS im £4200 better off after only a prelim letter to natwest, hopefully cap one are just as easy :)

Natwest: £4175, Prelim sent 24/01/07

Capitol One: S.A.R sent 24/01/07 (estimated £1400)

Halifax: S.A.R sent 24/01/07 (estimated £2000-3000)

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Well done lancemate!!! :D

ENJOY ENJOY ENJOY !!!

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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*bump*

 

anyone got this letter to hand?? or a link?? lookin to get it in tonights post!

Natwest: £4175, Prelim sent 24/01/07

Capitol One: S.A.R sent 24/01/07 (estimated £1400)

Halifax: S.A.R sent 24/01/07 (estimated £2000-3000)

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no thats what i was asking, i have seen a draughted letter to say as much, i just cant find it!

Natwest: £4175, Prelim sent 24/01/07

Capitol One: S.A.R sent 24/01/07 (estimated £1400)

Halifax: S.A.R sent 24/01/07 (estimated £2000-3000)

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http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

This is another possibility also mentioned in my thread.

 

You could just say:

Your address

Their address

Date

 

ACCOUNT IN DISPUTE

I am writing to inform you that my account is in dispute, I am not happy that you have passed my account on to a third party as I am disputing the amount you claim I owe your organisation.

 

I will not be making any further monetary payments to you or to any Debt Collection Agency until you have refunded in full the late payment and overlimit fees which you have unlawfully levied to my account. Once I have calculated the total amount that you have unlawfully levied and this has been refunded in full, if there is a remaining balance I will contact you to discuss this matter.

 

In adition to this if you have entered a Default against my credit file and I believe this have been added inacurately due to a balance consisting of in full or in part of unlawfull charges, then I will also be requesting this is removed from my credit file due to it being added inacurately.

 

Yours faithfully,

 

Name

Sig

 

Something like this would prob surfice.

 

Hope this helps.

 

Tanz

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  • 1 month later...

just getting around to posting my prelim letter for this account off now, have used spreadsheet: throughout claim with compounded contractual interest (simple version) and have just one quick question.

 

I phoned cap one to check the interest rate that was applied to my account, the woman told me it was 2.33% monthly, or 31.86% annually. Is it the annual figure i put in the interest rate column in the spreadsheet?

 

I hope so as this almost doubles the claim and puts the figure over and above what i actually owe them by about £200! would you guys reccomend offering settlement as account closure with no further monies owed?!?!

Natwest: £4175, Prelim sent 24/01/07

Capitol One: S.A.R sent 24/01/07 (estimated £1400)

Halifax: S.A.R sent 24/01/07 (estimated £2000-3000)

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