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MIKE770 v Capital One

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  • MIKE770 v Capital One

    New thread for MIKE770 to keep a record of his claim
    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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  • #2
    Re: MIKE770 v Capital One

    WAITING GAME mike

    Comment


    • #3
      Re: MIKE770 v Capital One

      Now let me see.
      You'll get a nice letter back from Ellie saying that their charges are fair and that they don't agree with the OFT's findings, blah blah blah...

      Comment


      • #4
        Re: MIKE770 v Capital One

        and then another one after the LBA saying they still don't agree, but here's a pathetic offer anyway if you'll just shut up and go away.....
        Is no longer here

        Comment


        • #5
          Re: MIKE770 v Capital One

          Still awaiting for self & OH for list of charges from cap1

          Comment


          • #6
            Re: MIKE770 v Capital One

            Are you still waiting on your SAR ? try a letter asking for everything they have charged in the meantime and send them a nudge on the 40 days as well with a reminder that you will report them to the information commissioner . They will tend to stretch it to the last minute but doesnt hurt to get intial complaint in to capital one with out a specific figure while you wait.

            have a look at Tools' barclaycard thread. Tools v Barclaycard ( Overlimit / Late Payment Charges ) **Refunded In 9 Days** - Legal Beagles
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

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            • #7
              Just received S.A.R. listing copies of statements & charges since 2001, also list of terms & abbrieviations (used terms relating to Memos list) + consumer WEBP11 what looks like possibly telephone records of some sort with miscellanious info? No copies of agreements just a interest rate of purchases and cash withdrawls and list late payment charges for 2008 of £12.00 . I have added charges at statuary 8% comes to £500+ I have also added on a seperate sheet interest at an average of 18%+ which comes to £800+, should I attempt to get back the true interest rate say 18%+, and when they will not pay up I then N1 Court form and add 8% statuary interest rate, some help & GUIDENCE WOULD BE APPRECIATED, my aim is to reduce the balance I owe them, as much as I can, also get copies of CCA if non inforceable, negotiate a settlement figure, I pay an agreed payment to them as I had a health problem last year and am able to only work part time, as the empoloyer refuses to let me back on full time, also I am suppose to retire later in the year.
              Last edited by MIKE770; 27th June 2009, 11:44:AM. Reason: misspelling

              Comment


              • #8
                Re: MIKE770 v Capital One

                Hi Mike,

                As Amethyst stated in her last post, try using the method I did with Barclaycard it has had some successes so far. I managed to get the balance cleared by way of refunding the charges plus interest which covered the outstanding balance give or take a few quid.

                What is the outstanding balance on the card?
                Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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                Comment


                • #9
                  Re: MIKE770 v Capital One

                  Hi Tools, it is about £4750 or there abouts, so would not cover monies to clear, Mike

                  Comment


                  • #10
                    Re: MIKE770 v Capital One

                    aww thats a shame what about with contractual interest? just a thought :S
                    i have cleared a few of my debts claiming charges back.its well worth it

                    Comment


                    • #11
                      Re: MIKE770 v Capital One

                      Have taken the 18% as ocontractural interest, ? mike

                      Comment


                      • #12
                        Re: MIKE770 v Capital One

                        I believe that Cap1's interest is more normally 30%+

                        Comment


                        • #13
                          Re: MIKE770 v Capital One

                          lol that should bump it up a bit!!!

                          Comment


                          • #14
                            Re: MIKE770 v Capital One

                            MIKE, as different rates applied to different items I went for the easier option of letting them calculate it and relied on them to be correct (yes too trusting I know), I used the following wording within my letter

                            I therefore insist that you refund to me, by way of cheque, the total amount of all charges incurred plus any interest accrued at the contractual rate thereon. I will not accept partial repayment nor will I accept that the Office of Fair Trading report of 05/04/06 deemed £12 to be an acceptable charge, as it clearly did not. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive a refund in full which would return me to the position had these charges and interest thereon not been incurred.
                            In hindsight I should have also asked them to provide me with a detailed explanation of how they had arrived at the amount they did in the letter too, so maybe add something to your letter to include that.
                            Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

                            IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

                            Comment


                            • #15
                              Re: MIKE770 v Capital One

                              Originally posted by MIKE770 View Post
                              Have taken the 18% as ocontractural interest, ? mike
                              is there anywhere here I could find out actual interest?// only the 18% was from old statement regarding purchase interest last year, only cash interest was a bit higher????????? Mike

                              Comment

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