MIKE770 v Capital One

[Tools]

New thread for MIKE770 to keep a record of his claim

[MIKE770]

Re: MIKE770 v Capital One

WAITING GAME mike

[Curlyben]

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...

[WendyB]

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.....

[MIKE770]

Re: MIKE770 v Capital One

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

[Amethyst]

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

[MIKE770]

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.

[Tools]

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?

[MIKE770]

Re: MIKE770 v Capital One

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

[archer_66]

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

[MIKE770]

Re: MIKE770 v Capital One

Have taken the 18% as ocontractural interest, ? mike

[Curlyben]

Re: MIKE770 v Capital One

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

[archer_66]

Re: MIKE770 v Capital One

lol that should bump it up a bit!!!

[Tools]

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.

[MIKE770]

Re: MIKE770 v Capital One

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