Rayne Vs Capital One **WON**

[Rayne]

Morning all (I think)

 

Right, got the schedule of charges from January 2005 to present day. Up until August lst year (2006) the overlimit and late payment fees are all £20 a piece. After that they've dropped down to £12. Now I'm ASSUMING that this is in line with a recommendation I read about the maximum charges shouldn't exceed £12. Don't ask me where I read it, I just know I read it. My question is, as these are still charges which exceed the actual costs (again I'm assuming they do) are they still claimable?

 

I have a feeling they are as I'm not a COMPLETE noob at this now (Capital One are my fourth claim, two others in progress and one won), but this is my first credit card so I'm kinda struggling a bit here. Not sure if it's because it's Sunday morning or because the friend's wedding do I was at last night was a bit TOO good

 

Not a lot I seem to be reading about credit cards makes sense as I've never actually understood a damned thing about them, especially their monthly bills.

[Stornoway]

Morning all (I think)

 

Right, got the schedule of charges from January 2005 to present day. Up until August lst year (2006) the overlimit and late payment fees are all £20 a piece. After that they've dropped down to £12. Now I'm ASSUMING that this is in line with a recommendation I read about the maximum charges shouldn't exceed £12. Don't ask me where I read it, I just know I read it. My question is, as these are still charges which exceed the actual costs (again I'm assuming they do) are they still claimable?

 

I have a feeling they are as I'm not a COMPLETE noob at this now (Capital One are my fourth claim, two others in progress and one won), but this is my first credit card so I'm kinda struggling a bit here. Not sure if it's because it's Sunday morning or because the friend's wedding do I was at last night was a bit TOO good

 

Not a lot I seem to be reading about credit cards makes sense as I've never actually understood a damned thing about them, especially their monthly bills.

Yes the £12 was recommended by the OFT but you should still be claiming ALL the charges on the basis that even the £12 exceeds the actual cost.

 

Good luck.

[Rayne]

Good call!!! That's the answer I was hoping for Hopefully this lot will pay for the actual church next year. So far HSBC have paid for the majority of the honeymoon (2 weeks in Mexico) and will be paying for the wedding dress, along with Abbey who will be paying for the reception booking and food

 

Well they won't, WE will be now that we're getting our money back, but you get the idea

[Rayne]

Right had a partial offer through as a goodwill payment, wording below:

 

Thank you for taking the time to write to us about the fees we've added to your account. I understand you think these are unlawful and I'm sorry you feel we've treated you unfairly.

 

To explain, we automatically add late payment fees if your payment is missed, arrives late or isn't enough to cover your minimum payment. We'l add overlimit fees if your balance goes over your agreed credit limit, which is £****

 

When we opened your account in September 2004, we sent you a credit card agreement which stated these fees. By signing and returning this to us, you agreed to the terms and conditions for the account, including the fees.

 

As you're probably aware the OFT haven't challenged the right of banks to charge default fees, but merely the level of those fees. Although we feel £20 is a just fee, we've reduced our fees to £12 so taht we're in line with our competitors. I appreciate that you've incurred previous fees at the higher rate and would like address this.

 

I've reviewed your account and, as a matter of goodwill, I'd like to reduce the fees we've added to your accoutn of £12 each. I've refunded £168 and you will see this on your next statement.

 

The rest of it is the usual gumpf, ie hope we can put this experience behind us etc and if we don't hear from you in four weeks we'll consider the matter closed.

 

My intention is to accept it as a partial offer and go after them for the rest.

[Rayne]

Claim submitted via MCOL for outstanding amount plus 8% per s.69

[Rayne]

question:

 

cap one keep phoning, im guessing to see when payment is coming. however they only just sent the statement thru. on the day their statement arrived they phoned us 3 times!! anything i can do about this cos they're REALLY starting to **** me off!!!!!

[ukaviator]

Hi Rayne

 

You should still make payments to your account to stop the hassle calls.If you have them on the phone later, explain that they will be reported for harrassment and they are not to keep calling you. Then refuse to take the calls, refuse to give your personal details over the phone. Start a written complaint to the FOS about the harrassment. Keep a log of all calls and what was said.

 

 

Uk

[Rayne]

nice one cheers boss

[Rayne]

W00T!!!!!!

 

Full offer just after filing claim

 

They've actually offered more than was outstanding against the claim but it adds up to what they've charged since starting against them, £207.12 plus £160 already paid out as goodwill, total £367.12.

 

If a mod could please change title and move to relevant section, many thanx

 

Keep up the good fight people, you DO get there and they pay it back

[ukaviator]

Well done. .. congratulations. .

 

Don't forget the survey and a donation to keep the site going.

 

Uk

[Rayne]

rgr boss

[Rayne]

Now they're taking the ****

 

Had a phone call from them last night to pay the current bill, went to pay it with my credit card to be told they don't accept cc payments, only debit cards

 

didn't think they could do that?

[k1mmie]

Do Crap1 always pay up if you MCOL? Any cases been stayed? Had an offer through the FO of £862 on a claim of £950, however this has since increased to £1020. Crap1 been on the phone harrassing for signing acceptance fee - which we have not received yet! Telling us we are holding the whole thing up! Would this go in their favour if we decide to MCOL as they have made an offer and we have rejected? They have said that they will not repay the £12 charges since October? Any advice?

[Rayne]

If you haven't actually filed the claim yet if it were me I would send them another letter stating that you do not accept the offered amount and that this has since increased to the current amount of £1020. I would give them 14 days from the date of your letter to settle otherwise file your claim, but on a form N1 (I think) through your local court as MCOL I believe are automatically staying all claims.

[k1mmie]

If you haven't actually filed the claim yet if it were me I would send them another letter stating that you do not accept the offered amount and that this has since increased to the current amount of £1020. I would give them 14 days from the date of your letter to settle otherwise file your claim, but on a form N1 (I think) through your local court as MCOL I believe are automatically staying all claims.

 

 

Thanks for that - worth a try. I thought credit cards were exempt from the OFT test case?

[Rayne]

I believe so but there's been cases where District Judges etc have just automatically stayed anyway, not sure why. But at that point you apply to have the stay removed as it falls outside the terms of the OFT test case.

[k1mmie]

Decided to accept the offer from Crap1, as it was not too far outside of the amount being claimed. Let's see how long they take now.

[Rayne]

At the end of the day its your claim therefore your decision - congratulations on your win

[Rayne]

I wish to advise you that I am currently experiencing major financial difficulties, mainly due to unlawful charges continuing to be levied against my bank account. I understand that this should be resolved in early 2008 with the resolution of the OFT test case, however in the meantime, the bank continues to levy such charges.

 

With this in mind I respectfully request that you close my account above and freeze any further action, including interest and fees on it.

 

I enclose an Income / Expenditure breakdown for your perusal and ask for you to come up with a reasonable repayment program. Please understand that I cannot give preference to any one creditor with regards to repayment amounts, so any suggestions should take this into consideration.

 

Once I have received responses from all creditors I will respond to suggestions.

 

In the meantime please find enclosed a postal order for £5 as part payment and a gesture of my continued goodwill.

 

I look forward to your earliest response.

[Belville]

I wish to advise you that I am currently experiencing major financial difficulties, mainly due to unlawful charges continuing to be levied against my bank account. I understand that this should be resolved in early 2008 with the resolution of the OFT test case, however in the meantime, the bank continues to levy such charges.

 

With this in mind I respectfully request that you close my account above and freeze any further action, including interest and fees on it.

 

I enclose an Income / Expenditure breakdown for your perusal and ask for you to come up with a reasonable repayment program. Please understand that I cannot give preference to any one creditor with regards to repayment amounts, so any suggestions should take this into consideration.

 

Once I have received responses from all creditors I will respond to suggestions.

 

In the meantime please find enclosed a postal order for £5 as part payment and a gesture of my continued goodwill.

 

I look forward to your earliest response.

 

 

Hi Rayne

I may be wrong but have you posted this on the correct thread???

[k1mmie]

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Edited October 23, 2009 by k1mmie
removal