Re-claiming Capital One charges

[wakeywakey]

Hi Guys,

I have started the process of getting my charges back from cap1.
About £600s worth.

However, they have written to me stating that they will robustly defend any claim.

Where does it state that I am right and how do I enter this as a claim?
Also, how much will all this cost me as I am very tight budget at moment?

I say this as I can't seem to find anywhere that states their £12 charges are illegal?

[evilhamster]

Re: Re-claiming Capital One charges

if you find a way please let me know
i have £500 in there charges that would help clear the outstanding balance

[MIKE770]

Re: Re-claiming Capital One charges

Hi Guys,

I have started the process of getting my charges back from cap1.
About £600s worth.

However, they have written to me stating that they will robustly defend any claim.

Where does it state that I am right and how do I enter this as a claim?
Also, how much will all this cost me as I am very tight budget at moment?

I say this as I can't seem to find anywhere that states their £12 charges are illegal?

Standard template reply from Crap One. Also It has never been stated that £12.00 was legal, what was said was That intervention will not take place for a figure of £12.00 or less as I remember.

[supermac9]

Re: Re-claiming Capital One charges

This might be helpful (apologies if it is mentioned elsewhere on this website).
http://www.oft.gov.uk/news-and-updates/press/2006/68-06

[Rohan]

Re: Re-claiming Capital One charges

Cap 1 will indicate their charges are in line with the Office of Fair Trading Guidelines. The OFT did not give them permission to charge £12.00 I include these quotes from OFT “We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold”.“We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults”.

In order for them to charge you £12.00 they must demonstrate that it cost them £12.00.

[Flangie]

Re: Re-claiming Capital One charges

HI wakeywakey

Cap One will refuse you saying thier charges are legal bla bla.
However, keep up with your claim. sen them another letter a letter before action letter, it states you are still going to file at court. I did this 2 year ago and filed to court, around £120 it costs me, nut it was worth every penny as they paid up.... I didnt have to wait too long either.
£80 which of course I refused................
So stick to your guns as I did and it will pay off.t
Budgie helped me wih my claim, he was fabulous as did Ame and others too, all sooooooooooo helpful

[Flangie]

Re: Re-claiming Capital One charges

hello All; I am in the throws of claiming back around £400 in charges from cap one with 25% interest. I am having trouble wiht my spreadhseet. I have privately message Ame to see if she can help me with it. Ame can you help or anyone else look at it for me. Then I need the template for 1st letter, 2nd etc. Cant seem to see it on the forum as things have changed a little

Many thanks in advance

[MIKE770]

Re: Re-claiming Capital One charges

look under Budgies threads

[wakeywakey]

Re: Re-claiming Capital One charges

My claim was denied by the FOS.
They stated that Cap1 had sent them confidential information as to why it costs £12 for these charges.
I then stated that most of the £12 were indeed £24 as they charged me twice for the same misdemeanour, meaning one £12 for late payment and one £12 for being over limit. But they said that was just how the terms & conditions works.
Is it worth me asking the ombudsman to review the case?

[MIKE770]

Re: Re-claiming Capital One charges

Yes why not!