me and OH vs capital one

[alibobsy]

Ok both I and OH had old cards from capital one. Both defaulted then sold on to debt collectors. OH's was settled for a reduced sum under a full and final.

Mine its sat there-I say unenforcable and in breach of my CCA request, they say not, but so far all quiet.

 

Going to trawl through our old papers to find my old statements but the debt collector "kindly" produced copy statments for OH so we can do the calculation and send his off first. Nice to see a DCA being useful eh lol. Did wonder if I could get around the SAR fee by asking for statements for mine, but not sure I want to poke them when it has been quiet for so long, will work on OH's claim then decide.

 

Ali x

[rebel11]

Hi ali

 

Have a read of 1,2 and 3 in my signature. There are spreadsheets to calculate the charges and interest on this site.

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

[alibobsy]

Thanks rebel some good info there. I used a simular compounded cntractual interest spreadsheet I had found on here from one of my other ppi threads (or was it a sticky? can't remember lol).

 

Banged the figures in yesterday and with the compounded interest it almost hits 2k (that compound interest soon mounts up). I assume the 8% court/fos interest is on top of thid, but is it a straight 8% on the whole figure?

 

Ali x

[rebel11]

Just put the charges into the simple claculator to get 8%, but you only need to do that if you have to go to court.

[alibobsy]

ok thanks. FOS questionaire done and soc ready to go with it so off to send it today and then wait, will have a look at my card later this week.

 

Ali x

[alibobsy]

Thought about doing a SAR on mine as I don't have all the statements but as OH pointed out the cards were opened within a few weeks of each other and had the same credit limit, and defaulted about the same time. Therefore if they made an offer on mine it should be a very simular amount-plus if I end up going the court route I have a big chunk of the statements-several years to do an average from if required, so to save time claim sent for mine as is.

 

Ali x

[alibobsy]

Small update letter acknowledging the claim and stating they will look at it and try to respond within 8 wks-one letter for each of us.

 

Ali x

[huggys boss]

subbing

[alibobsy]

Help!

Letter re Oh's claim to say its turned down as the have already issued a final response in 2008-don't recall this at all.

Looking at the attached copy of the letter from 2008 it seems to be more about complains relating to tem passing it to a DCA when we considered it to be in dispute. There are 2 paragraphs at the end though-one relates to charges and one to PPi. Regadng the PPI it just says you requested it and never queired it on you statements so it stands.

 

They are saying it cannot go to the FOS as the final resonse was in 2008 and is now time barred.

 

Can I respond by saying it is not the same complaint but afresh one relating to the same subject. Surely the recent court case and the OFT guidence/review means I can raise it as a fresh complaint? Our complaint is much more complex now as we only recently became aware that having a good redundancy/sickness package through work makes a difference.

 

Ca we ask for a fresh final response due to new evidence (would both the court case and recent publicity be further evidence?).

 

Ali x

[alibobsy]

Still looking for help on this one so bumped ali x

[ims21]

Hi

 

I am sure there was something in the Judicial Review that said that lenders had to re-investigate all claims...can't recall the exact wording so Google might be your friend here.

 

When you've found it, I would write back to them and remind them of their responsibility and if they refuse then straight off to fos or court.

 

Regards

 

ims

Edited October 1, 2011 by ims21

[Old Cogger]

Hi

 

I am sure there was something in the Judicial Reveiew that said that lenders had to re-investigate all claims...can't recall the exact wording so Google might be your frined here.

 

When you've found it, I would write back to them and remind them of their responsibility and if they refuse then straight off to fos or court.

 

Regards

 

ims

 

 

I am sure you are right, they have to re-look at all cases, I read that somewhere?

[alibobsy]

I have googled to no avail-shed loads of sites mention the review and to get a claim in, but nothing specific regarding our situation and i can't find a copy of the full review.

 

In the end decided to contact the FOS and see what they reckon.

I contend that 1) the judicial review is new evidence(and probably states claims should be looked at again) and 2) this is a fresh complaint on new grounds all be it on the same subject-previous complaint was as they had been fined (don't recall having the t & c's as in their fine) and a belief it was added automatically, this new one is also based on the fact that job had a good redundancy/sickness package as well.

 

Will post what the FOS say as it might help others.

 

Ali x

[ims21]

Hi

 

http://www.guardian.co.uk/money/2011/apr/20/fsa-wins-ppi-battle-banks

 

Starting point......first line "Re-Open"

 

ims

[alibobsy]

Ok well in the end they accepted my position and reviewed OH's account, suprise suprise they rejected his claim.

So his is now off to FOS now as well. Both with them so don't expect to hear much on either account for some time.

 

Ali x

[alibobsy]

OK so my initial contac t with FOS not so good the adjudicator concerned seems keen to accept their position so its now in the queue for the ombudsman. I hadn't done a SAR as I found the statements in the end so considering doing one now to see if any further info is thrown up. Meanwhile OH's claim has finally been allocated and they have asked for further info which we have provided.

 

So will see what happens.

 

Ali x

[alibobsy]

Letter from FOS re OH's claim they intend to uphold and have asked cap one to make us an offer of appeal to ombudsman for final ruling by 15th Aug. Identical sort of claim and reasons to mine but this adj at the FOS wants to uphold straight away, no ryhme of reason to their decisions lol. Will update when we hear more on either.

 

Ali x