reply from capital one help please

[carlih1]

Letter as follows:-

 

Thnk you for taking the time to write to us about the fees we've added to your account. I understand you're unhappy and i'm sorry for any upset we've caused but i'd like to explain why we've added them.

 

In your credit agreement which you signed before we opened your account in june 02, you agreed to pay our fees. To explain, we add an overlimit fee of £20, if your account goes over your agreed credit limit. And a late payment fee of £20 if your payment is late.

 

I understand you believe these fees are unfair, and the office of fair trading are investigating this. However, our fees are in line with the fees that other banks and financial institutions charge. We will of course, continue to work with the office of faier trading and answer any questions they have while they complete their investigations.

 

Looking at your account we didn't recieve monthly payments so we automatically added fees to your account each month.

 

(then goes on to say that my account is now defaulted because it is over the limit, (because of the fees))

 

You've mentioned we've charged you late payment and overlimit fees in the last six years. I can see you opened your account in june 2002, so it's been open for three years and eight months. You've asked me to refund all the fees we've added. I'm afraid i'm unable to do that because we've added them correctly. However, as gesture of goodwill i've refunded one late payment fee and one overlimit fee.

 

blah blah blah

 

I would like to write a response to this, but don't really know where to start. Any help would be appreciated, they have done the usual, you agreed to terms and coniditions, really sorry but these are fair ect ect....

 

Any suggestions or anyone got further with cap one???

 

Carli

[BankFodder]

Don't bother to respond, meaning don't bother to address their points. They don't care and you don't care.

They have sent you a template letter.

Send them back a template letter - prelim 14 days

then another - LBA 14 days

Then another template from Moneyclaim. I would suggest that you add the default as part of your moneyclaim.

[Bookworm]

And could you let us have a scanned copy of the letter? As they admit they "automatically" add charges. Another one against the "2 people manually intervene" bullsh!t, so potentially very useful.

[carlih1]

Bankfodder - When you say add my default to my calim, what do u mean?

 

I will scan in the letter but my scanner is not working and i will have to use my parents when i am next there

 

Carli

[BankFodder]

Well no one has tried it yet - and course where poeple have tried to make their deafult pasrt of their calim, the banks have merely paid up the money and refused to touch the default.

 

Someone revealed recently that the bank has the right to apply the default because contratually you have allowed them to do so.

 

That's fine bu then I think that this must mean that it is implied int he contract that the default information will be accurate and just.

 

If you beleive that your deafult was caused by non-payment of unenforceable penalties then it follows (in my mind, anyway) that the default must be in accurate and therfore in breach of the bank's contractual obligation towards you.

If this is what you believe then you could include it as part of your claim in the County Court.

You would have to undersatnd that this could very likely lead to the bank really defending the case because as I have said elsehwere, they don't care about the money but they do care enormously about the default.

You have to decide whether you want the excitement

[carlih1]

Hi

 

sent standard letter this morning stating they had 14 days to pay up or else, hopefully that will work, anyone had more than £300 refunded by cap one???

 

Carli

[Kal_357]

You've not updated recently. Have you been successful?

 

I would say that you could probably get more of your fees refunded as they've not said it is a final offer. However I dobt you'll get everything as the inital problem was caused by you failing to make the minimum payments on the card, and legally speaking you are responsible for that not Cap One.

 

Capital One have refunded more than £300 worth of fees, however larger sums require an individual managers authorisation, rather than a member of the ERC team.

[carlih1]

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