Credit Card query re: unfair charges and procedures

Dawn09

New Member
Mar 2, 2010
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I'm posting on behalf of an disabled, elderly friend of mine. She recently told me that she was recieving nuisance phone calls from Capital One with regards to charges incurred on her capital one card. her story is that in 2004 Capital One sent her a credit card without her consent and without her completing an application form (she insists this is correct). She subsequently filed the card away, forgot about it and binned any future "bumph" as junk mail. However at some stage Cap One are saying that a purchase was made which culminated, this penalty charges in a sum owing of £33. by Aug 09. In Sept 09 she forwarded a cheque for £30 (she misread the amount)a hoping they would leave her alone not thinking to request closure of the account, unfortunately this £3. balance has now with subsequent penalty charges and purchase interest rates increased to £67. to date. If what she says is true and I have no reason to doubt her I feel these charges are unreasonable to say the least and feel that this debt should be cancelled. I have been told she can request information regarding this alleged purchase as well as the "credit agreement" the company is supposed to possess with her signature on. I would like to help in this case because she is adamant that she does not owe them anything but is also frightened they will call in debt collectors which was mentioned in their latest letter. Does anyone know if she has any redress regarding this matter or is she obliged to pay the sum outstanding regardless?
 

Rachelle

New Member
Apr 25, 2009
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My god - an increase from £3 to £67. Surely a classic example of credit cards extortionate fees? Makes my blood boil. I think you're allowed to contest in case like this ...
 

Dawn09

New Member
Mar 2, 2010
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I intend to. firstly I am going to request a detailed scedule of all supposed transactions that are relevant to her account from the moment it was activated. I am also going to request a copy of her agreement, if they can't produce one then I'm sure we will be able to contest it through the courts assuming she will be able to get legal aid. She is quite willing to go down this route however I hope it won't come to that.
 

Dawn09

New Member
Mar 2, 2010
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My old lady had a couple of letters in the post today, the first was from the "Director of Collections" stating that her account was in default, they were closing her account and demanded a final payment of £80.54 or they will be forced to call in Debitas. The second letter was from Debitas requesting said amount. As I forwarded my last letter informing them the account was disputed and asking for a CCA copy by registered post with a guarantee of arriving at the legal compliance dept on Monday March 8th they are either a. ignoring my letter or b. The company's left hand doesn't know what the right is doing. Methinks another letter is in order!
 

Hughesy

New Member
Feb 18, 2010
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Hi Dawn,

Really sorry to hear about your problem with capital1. I am an ex capital one customer and can personally vouch for the appauling levels of customer service and huge charges placed on accounts on a whim.

With regards to your situation as soon as you notify a debt collection agency that you are disputing the debt they have a legal obligation to ensure that they are chasing a valid invoice. Once you bring your concerns to their attention they should send the account back to Capital one for them to sort it out or at the very least request your relevant proofs from Capital one.

If they havent sent you a copy of your agreement or full statement of account within the period laid out in your letter then i would issue another letter giving them seven days to respond with the doc's/details requested or you will concider the matter closed.

This should at least prompt them into taking some sort of action towards resolving this dispute.