Reply to my SAR

[burkey39]

Received reply to my SAR on Saturday 21st November.

Before I reply I want to clarify a few things.

1. Can I claim back late payment charges and overlimit charges?

2. I was hit with PPI in June 2003. I signed my credit agreement in May 2003 and at no point on the agreement was I asked did I want PPI. Can I claim this back at the same time?

3. In May 2004 I requested by letter to decrease my credit limit to £4000.00. I received a reply saying this could not be done by letter, only by phone. Why could this not be done by letter?

Any advice on the above greatly appreciated


G

[Budgie]

Re: Reply to my SAR

Hi Burkey and welcome to Legal Beagles.

I have answered your questions below.

Please let us know if you would like some assistance with reclaiming back these charges and PPI payments from Capital One. Note that you can also claim back interest on these charges and PPI payments as well.

Rgds Budgie

Received reply to my SAR on Saturday 21st November.

Before I reply I want to clarify a few things.

1. Can I claim back late payment charges and overlimit charges? YES

2. I was hit with PPI in June 2003. I signed my credit agreement in May 2003 and at no point on the agreement was I asked did I want PPI. Can I claim this back at the same time? YES

3. In May 2004 I requested by letter to decrease my credit limit to £4000.00. I received a reply saying this could not be done by letter, only by phone. Why could this not be done by letter? NO IDEA BUT HOW IS THIS RELEVANT ?

Any advice on the above greatly appreciated


G

[burkey39]

Re: Reply to my SAR

The reason I asked about the credit limit is as mentioned back in 2004 I asked for the credit limit to be reduced to £4000.00 by letter, I was told, by letter that this could only be done by phone.

I can't recall if I ever did contact Capital One by phone to confirm the requested credit limit but the debt, now owned by Capquest, is now £8,000, thanks to my wife but I know Im responsible

[WendyB]

Re: Reply to my SAR

I suppose you might be able to try it on and point out that your request wasn;t acted upon, but the answer you'll get would be "we told you it could only be done by phone, you should ave phoned us, and you didn't. You subsequently spent the money so it's your responsibility" Not trying to be harsh or judgemental, just realistic.

Have you calculated how much they owe you in charges? Capital One usually give in quite easily, yes you have to file in court, but they pay up pretty quickly once the N1 goes in. There are various forms of interest you can apply, too. They tend to pay back what they call Purchase Interest, there's also the stat s.69 8%, or compounded interest. If you want to do the latter (which can bump your claim up considerably) it can be done but bear in mind it is more complex, and Budgie is your man on that one.

[Guest]

Re: Reply to my SAR

The reason I asked about the credit limit is as mentioned back in 2004 I asked for the credit limit to be reduced to £4000.00 by letter, I was told, by letter that this could only be done by phone.

I can't recall if I ever did contact Capital One by phone to confirm the requested credit limit but the debt, now owned by Capquest, is now £8,000, thanks to my wife but I know Im responsible

Notwithstanding the above reply from Wendy, which is realistic and fair I wonder why they feel it is acceptable to require instructions to be given by telephone only?

What if you were mute? Would you be barred from holding a Capital One card?

It is completely ridiculous and you should point out to them that they failed to act upon your written instructions and you require (in writing) the reason why they apparently cannot accept instructions in writing.

It may not change much, because the increase in credit limit was exploited fully, but it may throw up some interesting responses from Capital One.