Aldav45 Vs Capital One ***WON***

[aldav45]

Hi all,

I have recently started a claim against HBOS ( statements recieved and preliminary letter sent) and today I sent off my statement request to Capital One with the obligatory £10. The issue I need your advice on is that I want to inform Capital One that my account is now in dispute and I will not be paying them any more money until such times as a resolution is found. (my account goes back to late 2001 and I estimate charges to be over £1000 conservatively). I have searched all over the forum for a letter to this effect but cannot find one. There was a link to one in Lynnes thread ( http://www.consumeractiongroup.co.uk/forum/capital-one/53034-starting-fight-capital-one.html) which i read fully but the link is dead and doesn't go anywhere, just a notice that the page is missing. All I want to say with this letter is that my account is in duspute. (just incase they attempt to pass it to any other "agencies" for collection as to do so after the account is in dispute is unlawful)). No default has been issued as yet, but it's on the horizon as I aint paying them another penny.

Thanks in advance.

[dpick]

Hi have just tried link from your post its now working ok (have found that if you try again later the links will work my be update to system etc.)

 

I am claiming from Halifax MBNA and Capital one

They will try delaying tactics but stick to your time scale and you will win.

 

good luck dpick

[aldav45]

Thanks for the reply dpick and good luck with your claims

:D

Unfortunately I put the wrong link in, it should have been this one

http://www.consumeractiongroup.c o....hat-youre.html

 

I really, really need help to notify Capital One that I am disputing my account. I have no idea as to the correct wording for the letter and I need to do it promptly. Am I getting confused over the terminology? Is the account automatically "in dispute" after I send my initial approach for re-imbursement of charges, if so, what happens if my account is passed to a debt "agency" before I get my statements and tally up the charges.

 

I have also read and re-read all of the information about the interest which I can claim back from cap 1 however am still at a complete loss as to how to work it out. Would I be correct in saying that I add compound interest at the appropriate apr% to my claim figure or do I add the apr% to each charge levied................or am I completely off on the wrong track. I've read over all of the info in the threads but it just gets more and more confusing. I'm not an accountant and don't understand the difference between contractual interest, compound interest, apr's, purchase interest etc etc. All I really care about is "how much (or what %) do I add on to my claim figure?" and how do I work it out simply without having to wade through all of the technical blurb....sorry, i know this question has been asked before but I don't get any of the answers and am thinking I might just settle up for the original claim figure, but then , I really want to claim for what is rightly mine as capital one have been a thorn in my side ever since I took their crummy card. I really want to give them some of their own medicine and am determined to work things out correctly, not make any mistakes and show them I mean business.

Please help as I'm getting a little desperate and worried over this. Capital One must be one of the most agressive lenders I have ever encountered. I only owe them £200 (in total not min payment) and they're phoning my house 10-15 times a day.

thanks in advance

[redsonja]

Are you not in a position to pay them whilst you are reclaiming charges? I thought the "in dispute" system referred to collection agencies rather than the actual credit card but I could be wrong.

[noodledoodle]

Send them the harassment letter - this will help to hold off the phone calls.

 

Check out my thread for that. noodledoodle vs Capital One. There is a fax number for customer services on the thread. I copied all my info to the fax as well. That way you know they have it there and then.

 

There is also a dispute letter in the bank library - send them that too.

[aldav45]

Hi there, thaks for the prompt response.

I simply want to let Capital One know that I am disputing my account due to charges levied. In Lynne's thread http://www.consumeractiongroup.co.uk/forum/capital-one/53034-starting-fight-capital-one.html

she was advised (first page) by a "helpful friend" to notify them about this by letter. I suppose I could pay them but I dont see why I should so it may get to the stage that it is passed to an agency before I can tally up the charges and send my initial request for repayment. They have harassed me and my family by telephone and i work out (conservatively) that they owe me over £1000 (even allowing for the OFT's forthcoming ruling, assuming it's £12ish per charge). I'm not paying them another penny till the matter is resolved.

 

Do you think I should draft up something as follows (rougly)

 

my name

 

their address

 

date

 

acc no : XXXXXX

 

Dear Sirs,

This letter serves as notice that as of 06/03/07 I dispute the amount owed by me to you due to continually excessive and unfair charges and, as such, will make no further payment(s) to the account until this situation has been remedied. I have requested a detailed breakdown of the charges levied since (XXXXdate) from your Legal Compliance Specialist by recorded post on 06/03/07. As you will be aware, you have 40 days to respond to the aforementioned letter and supply me with a comprehensive breakdown of said charges. Once this information has been recieved I will then launch a legal action against you to recover the full balance of these penalty charges. I will see this action through to the end and will not be put off by stalling, bullying or underhand tactics. I intend to recover the FULL amount owed to me with interest at the appropriate rate, plus any costs incurred. I am fully aware of my rights on this issue and I have the backing of The Consumer Action Group. Unless you wish to discuss this issue (and only this issue), I would insist that no further telephone calls are made to me by your collections department. Be advised that all telephone calls from you will now be recorded and logged as a matter of course as part of my legal action. I have also sent a separate letter by recorded post to complain about your continual, repeated and excessive harassment by telephone.

I trust you will deal with this matter accordingly.

 

yours faithfully

 

(aldav45)

 

 

Do you think this will be O.K? Any help or comments will be greatly appreciated..it's getting really annoying because I only owe them a tenner this month and they've phoned me 15 times today and it's my only day off this week...grrrrrr

 

thanks again in advance

 

 

EDIT: thanks noodledoodle, have just seen your post and am checking it out just now. I know I can be a bit dim but I honestly can't find anything on the site to do with "disputing" an account. I may be getting my terminology mixed up a little. I'll have another look again :) :)

[dpick]

Hi the OFT ruling is a guide not law people are still claiming and getting full refund of charges from credit card companies crapital one included.

 

best of luck stick it to the mongrels

 

dpick

[aldav45]

cheers for the reply dpick:D

[aldav45]

Hi all, Just a quick update for you:

I recieved an extraordinarily patronising letter today from our friend Mr Udy explaining that the charges are fair and blah blah blah. He has offered to refund over £400 as a "goodwill gesture" (gee thanks Mr Udy:lol:).

Needlass to say, as I still have not recieved my statements from my SAR request that I won't be accepting this paltry offer. They have done their usual and offered to reduce all past fees to £12 following "suggestions by the office of fair trading".

My take on it is that if the fee is unlawful then it is unenforceable in it's entirety so this reduction simply is not good enough.

I won't be accepting this offer. The 40 days for the SAR are up a week tomorrow (fri 13th) and I'll be tallying up the charges and sending my prelim letter the day I get them through the post.

As ususal i'll update you as things progress.

[dpick]

Hi all, Just a quick update for you:

 

I recieved an extraordinarily patronising letter today from our friend Mr Udy explaining that the charges are fair and blah blah blah. He has offered to refund over £400 as a "goodwill gesture" (gee thanks Mr Udy:lol:).

Needlass to say, as I still have not recieved my statements from my SAR request that I won't be accepting this paltry offer. They have done their usual and offered to reduce all past fees to £12 following "suggestions by the office of fair trading".

My take on it is that if the fee is unlawful then it is unenforceable in it's entirety so this reduction simply is not good enough.

I won't be accepting this offer. The 40 days for the SAR are up a week tomorrow (fri 13th) and I'll be tallying up the charges and sending my prelim letter the day I get them through the post.

As ususal i'll update you as things progress.

 

Hi aldav45 you are about a week ahead of me I have requested er demanded CCA and SAR all I have recieved is my application form so they are now in default.

 

keep at em dpick:mad:

[aldav45]

Hi all, got my stsements in today from crap1 and I want to check something.

Do I claim for late payment fees as well as overlimit fees???

some quick help would be appreciated cos i'm tallying it up and sending my first letter off today reg post so the clock stsrts ticking for them asap.

thanks in advance

[redsonja]

Yep, you can claim for both.

[aldav45]

Yep, you can claim for both.

 

Thanks for the quick reply, i appreciate it. It's off to the post office for me and the timer has started for Mr Udy:D

[redsonja]

You are welcome.

Dont hold your breath for much of a decent response from him though. You will more than likely have to file to court.

Good Luck

[aldav45]

You are welcome.

Dont hold your breath for much of a decent response from him though. You will more than likely have to file to court.

Good Luck

 

Thanks again for your help. I'm prepared to go all the way with crap1 anyway. After reading some of the posts on here, I'm pretty appalled with them. It makes me cringe everytime I see on of their adverts on t.v and I've advised everyone I know not to go anywhere near them.

I owe them £20 and they call me 5-10 times per day. (even after sending the harassment letter, apparently it is their "duty" to inform me I owe them it but, seemingly, not their duty to act in an honest and responsible fashion when they owe ME money)

They owe me over a grand and they respond with patronising letters and derisory offers.

I think I'll offer them £2 out of the £20 I owe them and see how they like it:D

[redsonja]

I know what you mean. You may want to read my thread against them. I have just had an offer today for full charges and contractual interest.

[aldav45]

Just a quick update again. LBA was ignored so filed court papers today, hopefully I'll get them back before the end of the week and I'll get the Sheriff Officer to serve them for me pronto

p.s cheers for the tip redsonja, have read through your thread and I feel a bit better now ta

[aldav45]

Just a quick update, got my papers back from the court and got a Sheriff Officer to serve them 2day

:)

Tick tock tick tock Capital One!!

[Paintball]

You'll get your money just waiting now

[aldav45]

Just another quick update. I got a letter from C®ap1 today (strangely the letter was dated 24th April and postmarked 24th May). The letter explains that they think their charges are fair and they're sorry I'm thinking about court action and they'll give me 406 as a 'goodwill gesture' and they would like to "put this behind us and save the courts valuable time" hahahayada that last bit made me laugh. If you want to "save the courts valuable time" then give me back my money.....

What an absolutely pathetic last-ditch attempt by Capital One to get me to back down. Do they honestly think that I've gone this far just to accept a derisory offer 3 weeks before my court date. :)

 

[dpick]

Just another quick update. I got a letter from C®ap1 today (strangely the letter was dated 24th April and postmarked 24th May). The letter explains that they think their charges are fair and they're sorry I'm thinking about court action and they'll give me 406 as a 'goodwill gesture' and they would like to "put this behind us and save the courts valuable time" hahahayada that last bit made me laugh. If you want to "save the courts valuable time" then give me back my money.....

 

 

 

What an absolutely pathetic last-ditch attempt by Capital One to get me to back down. Do they honestly think that I've gone this far just to accept a derisory offer 3 weeks before my court date.

:)

 

 

hi I got the Ellie Renshaw version of your letter just the name account number and amounts different so LBA letter to crap1 now that will give me a further 2 weeks re advice on improperly executed agreement and what my advisor means by irredeemably unenforcable agreement.

 

ow aint it good to stick it to these *******

 

dpick:p

[aldav45]

Good news folks,

I WON AGAIN :)

Capital One sent me a letter today telling me that they would refund my entire claim amount including interest and fees, by cheque within 14 days. I'll wait until I receive the cheque before calling a halt to the court proceedings tho.

Another triumph for the consumer!!

I'm off to do the survey:)

[ukaviator]

Well done. . .congratulations. .

[Paintball]

Good news folks,

 

I WON AGAIN :)

Capital One sent me a letter today telling me that they would refund my entire claim amount including interest and fees, by cheque within 14 days. I'll wait until I receive the cheque before calling a halt to the court proceedings tho.

Another triumph for the consumer!!

I'm off to do the survey:)

 

 

Hurray!!! WELL DONE :D

 

Good idea about informing the court AFTER you receive your cheque. I think it will be winging its way to you very soon ... xx

[redsonja]

Well done.

Once the cheque has cleared bang a wasted costs order off to the court!