Capital One Late and Overlimit Fees

[supermac9]

I've read a number of threads about claiming back overlimit and late payment fees, even those that were reduced to £12 after the OFT ruling in 2006 - what is the best way of seeting the wheels in motion for this? If I do go down a formal route of trying to claim everything back, will I run the risk of Capital 1 stopping my account or putting other restrictions on it?

[supermac9]

Re: Capital One Late and Overlimit Fees

I've tried the soft approach with C1 about 4 overlimit or late fees that relate to the last 12 months (the only online statements I have access to, don't get paper ones) - the messages between me and C1 are as follows:

From C1 - "Thank you for your message. As we have advised in our previous message that the default sums were correctly added on your account and we can't refund these. I'm sorry for any disappointment this causes. If you have any other queries, please send us a further secure message"

My reply - "Further to your previous message in relation to the two fees charged on my December 2010 statement, I have sought further advice on this matter and can confirm that I do not agree that the charges in question are legitimate and that they should not, therefore, have been debited to my account. I have checked my online statements (from January 2010) and note that the following charges have been debited: 12.08.10 - £12 late payment fee 12.09.10 - £12 late payment fee 13.12.10 - £12 late payment fee 13.12.10 - £12 overlimit fee. I would request a refund of the fees listed"

C1 response - " Thank you for your message. On your July 2010 statement, we asked you to send us a minimum payment of £103.28, which was to reach your account by 12 August 2010. We received your payment of £3.99 on 19 November 2010 and your payment of £99.29 was added to your account on 13 August 2010. Because your payment was received after the payment date, a £12 late or failure to pay default sum was automatically added to your account on 12 August 2010. On your August 2010 statement, we asked you to send us a minimum payment of £104.78, which was to reach your account by 12 September 2010. We received your payment of £4.78 on 2 September 2010 and your payment of £100 was added to your account on 14 September 2010. Because your payment was received after the payment date, a £12 late or failure to pay default sum was automatically added to your account on 12 September 2010. On your statement of July 2010, we asked you to send us a minimum payment of £106.09, which was to reach your account by 13 December 2010. We received your payment of £6.09 on 19 November 2010. Your online payment of £100 was added to your account on 14 December 2010. Because your payment was received after the payment date, a £12 late or failure to pay default sum was automatically added to your account on 13 December 2010. This took your account over your credit limit and a £12 overlimit default sum was applied. I’m sorry but as these default sums were correctly added to your account, I can’t refund them. Please note that debit card payments made online and over the phone takes two working days* to be added to your account. The debit card payment time frame is clearly mentioned on your statement.

I didn't expect them to just hand the money over, so their reply is no surprise - what's my next step? I'm determined to fight them as far as I can. On a positive note, they are saying I can have all my past statements for £5! Looking at other threads about C1, I think I'll include a request for my original credit agreement, as it looks like there may be issues about it's enforceability.

[Brian]

Re: Capital One Late and Overlimit Fees

SUE EM!! :santa2:
no choice based on responses received...


Merry xmas

x

[supermac9]

Re: Capital One Late and Overlimit Fees

Tried another softly-softly approach, using the argument that most payments were only a day later than the due date - fell on deaf ears and I've still got the words 'we can't help' ringing in my ears.

No choice but to take it further.:yell:

[Rohan]

Re: Capital One Late and Overlimit Fees

Cap 1 tend not to listen until you file at court.

[MIKE770]

Re: Capital One Late and Overlimit Fees

Claim against them using Compound highest rate interest then 8% as per rule.

[panzer]

Re: Capital One Late and Overlimit Fees

Hello supermac.

Not meaning to hijack, but i have a similar / identical query. I thought i was hard done to, having paid a couple of days before the due date (online with a debit card).

I noticed the following extract from your post:

"We received your payment of £4.78 on 2 September 2010 and your payment of £100 was added to your account on 14 September 2010."

Is that a typo, or are they seriously claiming that they are entitled to hold onto your money for 12 days?

It seems they hold onto it for whatever period is required to incur the fee. Two days after due seems to be rule of thumb no matter when i pay it.

[Budgie]

Re: Capital One Late and Overlimit Fees

Have a read of Budgie's strategy for reclaiming credit card charges - Legal Beagles Consumer Forum

Let me know if you would like any help in progressing your claim with Capital One.#

Budgie

[MIKE770]

Re: Capital One Late and Overlimit Fees

Have a read of Budgie's strategy for reclaiming credit card charges - Legal Beagles Consumer Forum

Let me know if you would like any help in progressing your claim with Capital One.#

Budgie

Contact Budgie he will guide you through the process, he has been there!!!

[supermac9]

Re: Capital One Late and Overlimit Fees

A bit of an update.
I've left this one for a while, but tried again by putting things in writing - Cap1 came back saying they will give me the difference between £16 charges and their 'legitimate' £12 charges 9going back 6 years) - in total, it amounts to around £11.
they have gone to quite a bit of trouble with this as it doesn't look like a standard reply (although I could be wrong), but I take it they aren't too keen to give me everything back

[supermac9]

Re: Capital One Late and Overlimit Fees

Another update with this one.
Went back to C1 with a LBA rejecting their offer - they have just responded offering a full refund of charges + interest going back 6 years.
Result!

[MIKE770]

Re: Capital One Late and Overlimit Fees

good at least 6 years worth!

[supermac9]

Re: Capital One Late and Overlimit Fees

Cheque for over £128 arrived last week - should encourage others to keep trying.:bounce:

[The Debt Star]

Re: Capital One Late and Overlimit Fees

well done.

[Gorang]

Re: Capital One Late and Overlimit Fees

Well Done