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  1. Hello I'm very new to this. I've received a county court summons with regard to a debt I owe to Capital One credit card for £8500 from Lowell Solicitors. The issue date is 22/7/2016. so the service date is 5 days after that. I went through some financial issues years ago and although I scrape by dog walking (earn aprox £7000 per annum incl working tax credit) (I have MS and am on anti depressants so try to do a job that will keep me healthy but will be flexible enough to take into account my fatigue) nowadays I still have some old debts that i don't have the resources to pay. this is the biggest one. I did write to them in 2014 (the debt was owned then by Cougar Finance) telling them my financial circumstances and offering to pay a monthly amount which they refused. Since then Ive stuck my head in the sand and hoped they'd go away. Now its come to a head. I own my house, got rid of my car years ago as I couldn't afford it. . Im terrified I'm going to loose my house. I have not used a credit card in years I wish I hadn't been so stupid in 2013. I have some PPI going back to the 1990s on different loans and credit cards thankfully all paid up, that I hope I can claim back which i could also use some advice on. I have kept every bank statement, credit card invoice and financial paperwork. I'm a bit of a hoarder. Please advise what I can do. Thanking you in advance
  2. Hi I have received the court paperwork for an old Capital One debt (claimant is Cabot) The document says it was taken out on or around the 29/7/2014 and I've never had any documentation from Cabot to say they own the debt. In the past I have been given the wrong advice and have sent off a cpr18 letter and cca request. Can somebody please advise me of the correct way to deal with this. I have acknowledged service that I intend to defend all the claim, total amount with fees is £401.82 Thank you in advance for any advice given Macker16
  3. Hi, Please can someone look over this default and let me know if it is enforceable? From the previous S78 I believe the debt to be unenforceable, it's from 2014 but I haven't been in contact with the DCA and other than the default on my CRA there's been no correspondence since. I recently sent a SAR to cap 1 just to test the waters and see what came up, so my questions are is the default notice ok and also - on my transaction I "only" missed 2 payments before it was issued, does that make a different at all or is the rule surrounding timings only for issuing the default notice? Cap1 Default.pdf
  4. Hi everyone, I am about to make a claim against the above. I have received claim doc from BoS to fill and return within 14days. Does anyone have any experience of filling the form or claiming against them, so I do not make an error. They have sent me questionnaires for loans and credit cards Also, I have previously claimed bank charges from welcome finance and capital one some years ago. I have lost all the paperwork. Can I still claim PPI against them, and does anyone have their address or know how to make the claim. All advice is highly appreciated.many thanks
  5. Hi, this is my first post and I apologise if by mistake I did not pick the correct section. I received a call from Rossendales few days ago asking me to pay £50k Capital contribution order for my defence expenses after my conviction in 2016. I had already paid 5k as income contribution order before the conviction. I told them that I prefer to receive any communication by letter as I like to keep evidence. I did not confirm anything on the phone and I told them that I would have made my enquires to the Legal Aid Agency via a Subject Access Request. So far I have not received any Capital contribution order notification from Legal Aid Agency. Details: I did not go to the trial as I pleaded guilty. I have two jointly properties with my wife but not liquidity in my bank account as I paid the Court confiscation order in full leaving me with not cash at all. The two jointly properties were already declare during the means test. The two properties have outstanding mortgages. Currently I am jobless and receiving JSA. I live with my wife and two young children. The total equity is over threshold of £30k I am probably liable to pay something even if I strongly believe 50k is excessive and not yet supported by evidence. I would like to protect my wife and children first. Can I transfer my share of the two properties in my wife sole name or the name of a trustee, and form a Family Protection Trust or a property protection trust. If this is legally possible, how much could cost and which are the negative consequences to use a Trust, such as taxes or future costs? Thank You very much for your help:-D
  6. Received a claim? Yes Issue Date: 15-12-2017 Amount approx: 1979.25 Claimant: Cabot Financial (UK) LTD Solicitor: Mortimer Clarke Solicitors LTD Original Credit: Capital One Particulars of Claim: 1.By an agreement between CAPITAL ONE BANK (EUROPE) PLC & the Defendant on or around 08/10/2015 (the Agreement) CAPITAL ONE BANK (EUROPE) PLC agreed to issue the Defendant with a credit card. 2.The Defendant failed to make the minimum payments due & the Agreement was terminated, 3.The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1794.25 Stat Barred? No Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request Have also file my defence. Well i had a letter back from their solicitors this is word to word and don't they proof check before sending out? also i know about Cabot Financial (UK) Ltd are unlicensed. Which means its an offence to under take debt collecting activity contrary to the Financial Services and markets Act 2000 and technically they aren't unlicensed they are unauthorised. "We confirm receipt of your defence. We can confirm that we acknowledged your request for documentation pursuant to civil Procedure part 31.14 and consumer credit act 1974, in the letter you sent to you on the 28/12/2017 (copy enclosed) In response to your assertion that our client is not authorised by the Financial Conduct Authority ('FCA'), the FCA register shows Cabot Financial (Europe) Limited permission as lapsed because, with the permission of the FCA, it has been made an appointed representative of Cabot Credit Management Group Limited. Cabot Credit Management Group Limited is a principal regulated firm and with the permission of the FCA, has .appointed its operational company, Cabot Financial (Europe) Limited, as appointed representative to perform debt recovery and/or debt administration activities on its behalf. Please find enclosed a copy of the Notice of Assignment and Statement of Account for your records. Our client's position is the documents provided evidences how the balance accrued and how a balance remained outstanding when the Agreement was assigned to our client. In response to your request for a copy of the Deed of Assignment, our client considers that it has no statutory obligation to provide you with any further documents in relation to the assignment. It has complied with its statutory obligations by sending you the Notice of Assignment in accordance with section 136 of the law of Property Act 1925. Furthermore, the Deed of Assignment is a confidential document client and the original creditor. We are instructed that the Deed of does not contain any personal details relating to you and is not disclosure. We can confirm that the remainder of your defense has been referred to your client for its instruction and we will contact you with a response as soon as possible. In the meantime, the Matter has been placed on hold." As you can see they are on about Cabot Financial (Europe) Limited, and not Cabot Financial (UK) LTD, also no Deed of assignment, or the original agreement, all they sent was the letter from capital one saying that they sold the account to cabot credit management group, and the letter Cabot sent to say they now own my account from Capital One and 3 pages of payments made to Capital one. What should be my next move? to me it seems they don't have the paper work to back their claim or am i wrong. And is there any other letters i can send to ask about the Deed of assignment and the original agreement?
  7. Hi everyone, I am new to this so I apologise if this is in the wrong place, but please point me in the right direction if so wish I had come to these forums and used your advice and letters before I started my claim but unfortunately I didn't will try to keep this as short as possible whilst trying to give enough info to help me if possible. I had a Capital One card 2004 -2009 which had PPI on it. The ppi was sold during a telephone call when I called them to activate the card and to request a cash advance at the same time (as they ask if you want one). I was young and carefree and thought ok ill have a cash advance haha. that makes no difference. I haven't done anything until now as I didn't think I was able to make a complaint as I have no paperwork other than a few card statements showing the ppi. ..until I recently read something that said I still could. I was originally on a different website before making my claim and I found details about the Resolver tool, I submitted a complaint on there rather than by post. Oh so I wish I had done it by post instead! On Resolver I stated some points of why I think I was mis sold the ppi and why I am now unhappy about it. I won't put everything on here as it will be long enough anyway but feel free to ask if you need to know more before being able to help, some of the reasons I stated were: the costs and insurance were not properly explained (I didn't even know it would attract interest and it was made to sound like it was pence or just a few pounds each month where it ended up being over £40 most of the time), I would have already received company sick/redundancy pay and so I didn't need the insurance but this was not discussed (I would have received redundancy pay from employer but limited sick pay before it reverted to ssp, so I was trying to show that I wouldn't have afforded to keep paying premiums if I was off work sick, but I would get redundancy so didn't need it that way). I felt like I had to take the policy to have the card activated, I was not informed of their commissions made. I got behind on payments on the card in the end and PPI was cancelled in 2009 when I made a payment plan with the credit card. I have no idea what I was covered for on the policy as i didnt receive anything, but from the call i was under the impression i was covered for any sickness if i was off work. I recall calling capital one at some point to as if i could claim as i was off sick and just getting ssp (only off a couple of weeks) they said i couldn't. I've no idea when that was. I also rang to cancel the policy at some point but was made to feel i should keep it as its cheap (but it wasnt). The resolver form seemed quite basic and I just put the basic reasons like that, expecting that the company would respond to ask me further information and explain the process form there etc. That did not happen within a week of submitting the complaint they replied on resolver to say they had sent a reply directly to me. I got it in the post the next day and they had rejected my complaint. said it is their final response but invite me to send in any additional info regarding sick or redundancy pay. say they will also review it after 29th August under the Plevin rule of non disclosure of commission. stated that the ppi was sold on the card activation call in 2004 but they do not have the call recording. All of what they say is 'we would have said this on the call or we would have done that'. I did not attach any evidence or do a SAR before submitting on Resolver as I thought I'd be able to do it whilst awaiting their reply and corresponding with them etc. Their reply said I can request the evidence they used to make their decision, but no address to write to I called to request it and asked for a copy of my original signed CCA and signed PPI documents. I also asked if they could put their response on the resolver system where I submitted it they said they can only put a standard response like the one telling me they had sent it to me directly. I don't think that's true. I received their evidence which was a copy of a ppi terms and conditions leaflet, nothing to show it is specific to me and no info of costs etc, it is fairly basic in what it covers. I didn't get that at the time. They also attached a copy of my signature in a box detailing the fraud and credit checks etc and the date, then on the back is some terms and conditions but not the full set. It is just 3 points. In the heading it states it is taken from clauses 8, 10 and 32 of the full terms and conditions, so it is clear that is not the original full terms. I appreciate the age of the policy and that they may not have certain info. what do I do now? I've seen links on here to different letters that can be used etc I've no idea if I can do any of that now that I got that letter off them. I know after a final reply the usual next step is the ombudsman, want to try and settle with the company if possible before that. As they are reviewing it after 29th august and as they invite me to send in any sick/redundancy info, it appears they are willing to correspond still. I don't have anything in terms of sick/redundancy to send to them what can I do in terms of other evidence? I don't know the terminology or court case references or anything like that to put in any letters to them. Should I send s SAR to get whatever other info they may hold? What can I ask for or use as it was a telephone sale and they don't have the call recording? If it is straight on to the ombudsman from here, shall I try to gather any evidence to send with it and again what can I send? It's frustrating as I know that they didn't advise me properly of a lot of things on the call and I didn't receive any paperwork or policy info after that call, I don't know what I can say or do to make a successful case like so many others have done with telephone sales. Sorry this is so long. Any information, advice, points to the right pages or help with what to say and evidence etc would be great. Thanks in advance!
  8. Hi, Does anyone know what Nationwide is likely to do in our situation please? Wife is 16 years older than me so we had a 10 year self cert mortgage taking her to age 65 originally through Derbyshire/Salt and now taken over with Nationwide. About 12 months ago we rang Nationwide after receiving a standard letter re repaying the loan at the end of the mortgage term. The friendly but extremely unhelpful call center guide was only interested in referring us to an independent mortgage advisor when asking about options and whether we could extend the term as they couldn't give advice and there were NO options on Nationwide doing some sort of deal or changing the mortgage. There wasn't much point in talking to a broker as my business went south in 2009 and we have wobbly credit, can't prove income to service the loan now although have no arrears or ever been in arrears. Instead we have been trying to sell the property - £255000 mortgage and 2 local estate agents started us at £395,000 now down to £340,000 and only 3 viewings in a year! I have been trying to understand 'Forebearance' but can't find any examples of any lenders being helpful to customers when they can't afford repayment. All we want to do is to continue actively trying to sell it while paying interest only rather than have it repossessed and forced sold. Does anyone know what is 'likely' to happen - particulalrly where Nationwide are involved? Any thoughts or advice would be really appreciated. Wife was just going to leave today she is getting so upset. We have until Feb for the mortgage term to end although haven't received any notices about the mortgage since last year. Thanks
  9. HI I had a small line of credit of £1500 cap on tap and £3000 from IWOCA whilst operating as a ltd company freelance consultant I have been paying back from my business account now my contract has ended early due to an emergency re-shuffle. I just paid my VAT quarter and this months IWOCA but have no money left to pay cap on tap or future debt for these lines of credit My current balances are C.O.T £1000 and IWOCA £746.62 They will attempt to take money from COT this month and IWOCA in January but my account will be empty as i have a mortgage to pay. What will happen to me as these are business debts, i am closing the ltd company down after i have emptied the bank account of december's money and will set up corp tax and Vat repayments with the HMRC. Will IWOCA and Cap on TAp pursue me personally, will i be able to make arrangements with them. There is no advice about these companies out there. Thanks, i know im doing wrong but we planned on 6 more months contract.
  10. I had a capital one Platinum card on which i paid PPI - i used the templates from the Martin Lewis pages to complain was rejected on the grounds that when I transferred a balance to this card in march 2000 i ticked a box to request PPI. They attached a photocopy of the said form showing this box 'ticked' - however I had had the card for a couple of years before transferring this balance and had not had PPI (as far as I am aware but I don't have records going back to those dates) and would not therefore have specifically requested this on a balance transfer. Their argument is that I selected it, the information was there and I had a 30 day cooling off period in which to cancel it. Unfortunately this decision was also upheld by the ombudsman. I am aware that I can not revisit this although I am annoyed about this I phoned them yesterday to enquire about the Plevin vs Paragon case to raise a claim for overpaid commission and was told by their representative that I would have had a letter if I qualified. Is there any way to find out what rate of commission Capital One was receiving and how do I go about making a claim in the event it was greater than 50%?
  11. I had an ongoing PPI Claim with Capital One (since October 2012) in which was rejected and referred to FOS. This was again rejected on the basis that it was a non-advisable sale and suitable for my circumstances even though I was in full-time employment, with sufficient redundancy fund and sick-pay cover etc for the rather small amount outstanding of nearly £500 (my credit limit). I did further argue the case, that I had not ticked any PPI agreement box on my postal application but for some reason it was added at a later date (about 6 weeks) in which they advised I agreed to. When I requested details regarding the later agreement, the copy that they sent is not a very good one and quotes a completely different Capital One account number ? complaint was then passed to the ombudsman, and I have today received their findings and they have also decided not to uphold my complaint. Has anyone experienced the above with Capital One (or any other entity) / FOS / Ombudsman and could possibly enlighten me regarding the Final Decision Acceptance / Rejection Form to sign. What happens if I reject the decision ? Will I still have an opportunity to provide any further reasons why I disagree or request any further details from Capital One ? As this was one of my initial complaints and obviously know more now than then, I did not proceed with a SAR as I still had all of my statements and copy of my application form. They also state that they are happy to discuss with me about rejecting / accepting the decision but they cannot discuss the detail of the complaint ? I have searched various forums regarding Capital One and believe they reject a majority of any claims presented but also wondered am I wasting my time in pursuing the matter ? Sorry for any silly questions but this is my first experience of this situation and would appreciate some clarity in the matter.
  12. Sent claim today for my wife's old Capital One Credit Card.
  13. Hi, I am looking for some advice please. I checked my credit file today and saw a CCJ has been registered against me in October 2017. My credit file was 100% clean in September 2017, no debt or defaults were showing at all. I am currently living in temporary accommodation due to a fire at my main residence I went to see if there was any mail that I missed. I found a letter from the county court business centre, sent in September saying that as I have not replied to a claim a judgement has been granted. The letter quotes CPR 23.8© and that the court will deal with the application to lift the stay without hearing. The accompanying paper work shows that Marlin claim that proceedings were issued on 26/05/2015 and that I failed to respond. I have lived at my current address for over 10 years and I have received no correspondence from Marlin regarding a debt or any claim form. I do not recognise the amount either. History The only debt I am aware of is an egg card from 2008 when I got in to some financial difficulty. The amount from memory was about half of what the CCJ is for (£5k). I have not had any correspondence from anyone regarding this debt since before 2010 and certainly not made any payments. As of September 2017 my credit score was perfect with no outstanding amounts or defaults. I know I can apply to have the CCJ set aside, the only reasons I have at the moment is that I did not receive the claim form, I have not heard anything from Marlin and that I do not recognise the debt amount. The delay between receiving the letter from the court on the 7th of September and now is that the letter came while I was away and in my absence we also had a house fire and lost access to the building. After seeing the default today I gained access and found the letter. Do I apply to set aside first or contact Marlin to ask for details of the debt? I am in a precarious situation because we (wife and children) are currently homeless due to the fire and I am trying to arrange a tenancy. I don't think I will pass a credit check as it stands. If I have missed any key information then please let me know.
  14. Capital one have upheld my misspelling of ppi complaint but have written to advise me that they are offsetting it to a balance on my capital one account that is currently in a dmp. The repayments I am making to my dmp are to capquest. Is capquest part of capital one? I'm not sure if they just collect on behalf of capital one or if they have purchased the debt?! Any advise appreciated
  15. Hi all, Not been here for a while but wanted to ask for some help. Recently I went down the route of doing a PPI claim via Resolver with Capital One and I was sent a letter confirming I had previously had PPI and they were investigating. Today, I received a letter from them outlining their decision and why. The document they have sent me is 4 pages long and they have said that I ticked a box for PPI when I signed up for the card, I never did, I specifically recall having to call a number to activate my card and on I went to spend a few quid. I do recall seeing the payments on my card statement and to be fair, I never put two and two together and just left it, assuming it would be a good idea to have it. I'm happy to post up a copy of the pages tomorrow for you to look through, if someone would be kind enough, I know you guys really helped us last time. They are stating something about a case Plevin v Paragon. I've had a look on google but it seems a bit mind boggling to be honest. They (Capital One) claim a decision is to be made by the end of August 17 and my case would be "automatically reviewed" but after coming back here and seeing numerous posts about Capital One and the claims process I am seriously doubting the document and would really appreciate the help of the geniuses here that helped us previously. Would be grateful if someone could advise on what to do next, I'm sure I am on a timescale and I know I never ticked a box and I am almost 100% sure that when I applied for the card it was online / via phone. I've never applied for a card via post, ever. The card was taken out 2000 and cancelled 2004.
  16. Hi. First time here and spent a few hours looking through the impressive library of information here. Hopefully someone will point me in the right direction. Yesterday, out of the blue I got a letter from CT Capital, to my new address, I have moved twice since my least dealings with them, they did not use my first name, just my last name. It says I previously made a complaint about PPI with them which was rejected. Following a supreme court decision and new rules by the FCA, I can now make a new claim, and then some information of high commission levels they received. I looked at google and found out they are some form of group associated to Central Trust, a company that I did deal with years ago and it didn't end well with them, I am deeply suspicious of anything they tell me. I will explain, this maybe a long post due so I apologise in advance. In 2005, I bought a house after a relationship ended very badly, and having to start all over again and not with a perfect credit record, I got a mortgage with a company called Southern Pacific. Two years later in 2007, and still having a few debts I still needed to clear off, as well as some house improvements I needed to do, I took out a secured loan, which I believe had connections with the mortgage company, Central Trust, the loan did have PPI which I was told was needed due to being under my works two year probationary period. The value of the house in 2007 was £135k In 2008, I was rushed into Hospital with a suspected blood clot, two operations followed and I was unable to walk for 4 months and unable to work because of it. I contacted Central Trust and was told that the illness was present before I took out the PPI therefore no claim was possible but due to my then current issues they would forward me a payment cheque for just over £1600, which I received. This was a bad mistake on my part, six months later it was clear I would never be able to continue in my normal job and I resigned from it. That would be in 2009. I had some savings to keep up payments, and with claiming housing allowance of £365 which was paid direct to the mortgage company I tried to find alternative work. My savings then ran out and still not able to find work, the Government changes to how money was paid to those with a mortgage, that reduced to just £85 a month. I then quickly ran into debt on both the mortgage and the loan. Both were kept up to-date but both were an absolute nightmare to deal with, even CAB got involved, but with no work materialising, I was in deep trouble. You sort of hope something will change but it never does. Each one took it in turns to seek repossession, in total six court appearances over a few years, in Oct 2012 I gave up, with another court possession order posted through the door and my mental health in tatters, I just left the property and went into rental accommodation. About 8 months later I got a phone call from some debt collecting company saying the house was now sold but there was a short fall on the mortgage balance, some £21k. I did need a balance sheet for the housing benefit as they were aware I had the house and wanted to know if there was any money coming to me. I gave them my new address and a few days later the balance sheet arrived. The house had been sold for £78k. A few days later two phone calls from the debt company. I told them I disputed the debt as I had issues with how the PPI was cancelled, had that been in place I may have been able to claim on it, therefore I held them responsible for the loss of the house. I was not in any financial position to pay anything or take the matter to Court, however I would be very happy for them to take me to Court so we I could have my say, and to not phone me again. That was in 2013, and they never did phone me again and I never did hear from them. What was eve stranger was that I never heard anything ever from Central Trust, from 2012 todate. I stayed in that house for nearly four years and in 2016 found a better place to live and rented elsewhere and moved again Over the last three years I have got back on my feet again. My credit rating is much improved, bit way to go yet, but getting there. I noted on my report that in June 2013, Central Trust updated my credit file to payment received and account settled - balance zero. We now come to yesterdays letter from CT Capital. Once I realised the association with Central Trust I got concerned. They have gone to some lengths to find me, not used my first name, but the address is correct. I can't find any search made on my credit report. My first thought was, sod this, and I nearly threw it in the bin. All my past dealing with these people have not been positive, at times really nasty. In some ways I would prefer to take my chances kicking a ball into Kim Jong-un's garden. But, the other side of me is thinking; They drove my nuts before and in many ways were responsible for my situation. But is it some sort of fishing trip? I really don't know. The letter looks genuine, but with those people you never really know. I can't find any information on the internet regarding PPI and CT Capitol except the Ombudsman fine they were given. I think I have covered everything, it is a complicated story but I did my best to do a condensed version. Many thanks in advance. Tony
  17. Hello everybody, I am acting for my partner who had PPI added to his Capital One credit card account one month after he took on the credit card. He did not sign or tick a box to accept PPI. He was quite clear to Capital One during the application process - he didn't want PPI. One month after he signed the agreement, Capital One telephoned him and asked him to have a direct debit. He said yes to the direct debit. He always worked very long hours so did not notice until last year that Capital One had added PPI to his account the same day as that phone call. As soon as he noticed, he cancelled it. Capital One refused to refund the PPI payments. We went to the FOS, whose adjudicator gave his decision that because my partner spoke to Capital One in that telephone conversation one month after opening the account, my partner "must have, on the balance of probabilities", agreed to taking out PPI. This, despite the fact that my partner provided the copy original credit card agreement, (hard evidence), and Capital One only provided the standard blank telephone script. We complained to the adjudicator and asked for an ombudsman to take on the case. The adjudicator wrote back explaining his reasons in full, and saying he wanted to "resolve the matter informally", and asked my partner again if he wanted to put it to an Ombudsman, or accept his "view" so as "not to delay matters further". My partner has written back saying that he had already requested that the matter go to an Ombudsman and that he is contacting our local MP. I personally believe that the FOS have agreed a quota with the credit card companies, as to how many consumers' claims they will let through (decide in favour of), and that they are now under so much pressure due to the number of claims they are processing, that they now wish to get rid of as many claims as possible, without looking at hard evidence. I believe it will take interference from an MP to get a fair investigation and a fair decision from the FOS.
  18. Hi I have recently sent a CCA request to Capital One for a credit card. I have been paying until recently on a DMP via Payplan. I have stopped making these payments and have recently received the documentation back from Cap One stating that the agreement that they have is enforceable. I have scanned what they have sent, the copies are not great but the originals are legible. I would appreciate any assistance in establishing whether it is enforceable and if so what are my options. Thanks CAP1 CCA Retiurn.pdf
  19. Hi, In 2005 I developed long term illness and had to give up working. To cut a long story short I owed my bank (First Trust) approx £300 (I cant remember the exact figure) for a couple of direct debits that came out of my current account at the time. I also had a credit card (again with First Trust) and the balance on that was approx £600. I contacted the local Citizens Advice, got a payment plan set up with a token payment of £1 per month for the current account and credit card. ( I have paid every month ever since) At the time the Bank agreed to charge no interest on either the credit card or current account, although sadly I do not have this in writing anywere. The bank has now sold the debt onto Asset Link Capital and I have had a letter from them asking me to setup a payment plan with them but the £300 current account debt has now grown into a £1100+ debt! Its obvious the bank has been charging interest on this account all along. Interestingly, the credit card debt has not had any interest added to it. Im at a total loss as to what to do about it and would be very grateful for any help. I do not mind paying off genuine debt that Im responsible for but to charge that amount of interest is criminal. PS. After reading through some other cases is it feasible for me to request a CCA for the Credit card debt and I dont think a CCA would help with a current account? Thanks in advance.
  20. I recently notified Capital One that I have ongoing mental health conditions, and am unable to work. I provided a detailed income and expenditure sheet, showing I was only able to maintain minimum payment each month. I provided medical information and proof of benefit entitlement. They replied saying that " Thank you for your secure message. I see that we have received your letter and our specialist team have cancelled the direct debit and placed a medical hold. To help support you for the next three months, your account has been put on an arrangement with our Specialist Support Team which will stop interest and charges during this time. While your account is on this arrangement we won`t ask you to make a payment, but if you can afford to make any payments this will help to reduce your balance. It`s important that you understand the implications of not making your monthly minimum payment while on hold. While you have an outstanding balance and any of your contractual monthly payments are missed we will report this to the credit reference agencies as missed payments. Although we are not asking for a payment we do have an obligation to report how your account is being managed. We`ll also put a temporary flag on your account which will show at the credit reference agencies that you are on an arrangement with us. When your arrangement comes to an end, the flag will be removed and depending on the status of the account, we may withdraw your card facility and issue a default. We`ve also sent you a letter to explain in detail what this means and what we need you to do.". Bearing in mind I have not yet defaulted, are they allowed to do this? I have shown clear proof of my medical problems and benefit entitlement. I can't make minimum payment for much longer. Can they even default me when it is them who have cancelled the direct debit payment not me? Any advice please?
  21. Hello I have received a claim form through from the county court regarding a debt owed to Lowells Financial. I have not received a notice of assignment from them . I have not received any statements from them. I was wondering what the best way of approaching this is? Thanks
  22. I have bought a Capital Investment Bond with the money I inherited from my mother. The financial advisor who set this up, informs me that the monthly sums I receive from my Capital Investments Bond are neither interest or dividends, but that the bond is simply returning my capital to me which I used to buy the bond in the first place, and is therefore not taxable. Thus, the sums I receive are simply not entered on my tax return, and should not be declared for the purposes of assessing my Working Tax Credits either. Is this right? I ask, because last year the advisor I spoke to at HMRC said that the sums I receive DO count as income (he obviously had no idea about Investment Bonds and the notion of "return of capital"). I suspect I have been diddled, as my Tax Credits have been reduced in consequence. Should I take matters into my own hands and simply not mention my Investment Bond? I have been searching the Internet for hours in vain, hoping to find answers. And now I have washed up here.
  23. I am really new to this but I need some help with a rejected PPI claim from Capital One. I initially had no idea I had PPI but thought id make a claim and see. Capital One responded to say I had PPI and were investigating to see whether it was mis-sold. I then received a letter today to state that my PPI was rejected because I apparently agreed to it via a telephone call to activate my card. It then goes on to state that they are unable to locate a recording of the telephone call however at the time I met the eligibility criteria of the PPI. Can someone please advise me on what I should do next? How can they prove that it was not mis-sold if they do not have the telephone conversation to prove it? They have stated their decision is final but I feel that the case has been unfairly judged as there is no evidence to support their case. Should I send it to Ombudsman? however, I have read that always agree with the banks. Any advice I can get on this would be really appreciated. Thank you
  24. Hi, I have read a few posts with people having trouble with Capital one not refunding PPI, but the ones with the same scenario as us are from a few years ago.. My husband took out a credit card with Capital one in 2007. on the form he did not tick the PPI box, We have a copy of this which they kindly (!) sent us with the rejection letter. They say that when he phoned to activate the card the member of staff offered it then and he accepted. Now obviously we dont remember him being asked this. He was working in the same place as he is now which pays good sick and redundancy pay so we dont think he would have said yes to PPI. Is it worth writing to ask for proof or better just to SAR Capital one for all documentation/transcript of telephone call? If anyone has had the same problem, can you advise the outcome for you? Thank you.
  25. Hi Looking for a spot of advice if possible with regards to an old Capital One Credit card account. The account was disputed back in 2008 under the Consumer Credit act - the balance outstanding at the time was circa £13,500. Looking through the correspondence I have I received a copy of the signed agreement eventually in April 2010. Whilst I can see my signature the document itself due to the copy is unreadable. In September 2010, Through agents Cabot Financial, County court proceedings were issued and after seeking advice from solicitors a Tomlin order was negotiated for £11,000 on 21st Jan 2011. Payment terms for 74 months. Payments were made to Oct 2011 on the above basis and then due to a change in employment circumstance this was amended to £100 per month. The last payment made was 8th Dec 2013. No payments have been made since due to a further change in work situation. Since then numerous letters have been received from Cabot and telephone calls, which we had to write to Cabot to have stopped. The balance remains at £8,200 to date. I am not in a position to make any payments at present, but do occasionally get letters from Cabot wanting to negotiate a settlement, they make no reference to the Tomlin order. Reduced balances are offered (50%) with the statement final settlement but will be reflected on my credit file as partially settled, but when I look on Experian and expedia it is not reported anyway! I have a couple of questions: 1. What should I do about the Tomlin order, I do not want them to enter a judgement as this would cause me huge problems 2. Should I respond to the letters I am receiving, offering to pay a few pounds per month? Thanks in advance
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