Capital One-v-Very Good Friend

[Shelley181146]

I am trying to guide a good friend how to reclaim unfaiir charges and PPI from many of their accounts with different organisations. I am merely assisting.

 

They had a Capital One account which defaulted and was sold to a DCA.

 

They have sent SAR request and upon receipt of the statements a Prelim letter has been sent. Cap1 have responded with the attached. There is NO PPI involved in this matter, purely unfair charges between 03-08.

 

I am looking for guidance on how/what is their next step please.

 

Appreciate any guidance/feedback please.

Shelley

cap1 .pdf

[citizenB]

I have flagged your thread for attention of the site team in respect of Capone's response to charges.

[ims21]

Hi Shelley

 

Your friend can accept of course.

 

If your friend wants to push, you can carry on with a claim in exactly the same way as you did with your BC claim (outstanding work) although Cap1 are a bit of a tougher nut to crack.

 

Regards

 

ims

[silverfox1961]

From my experience of Cap1 (purely through the forum) they will argue all the way to the court steps.

If the figures they give are significantly lower than yours, I would write a letter before action and wait for the response. They sometimes increase the offer. remember, they don't want to give a breakdown of how the charges are made.

 

The problem with Cap1 is that on the odd occasion, they will go to court to defend, especially on the Limitations Act bit. There has been a couple of cases that I can recall that creditors folded on the 6 year rule and paid all charges.

 

Have a read of other Cap1 cases

[Shelley181146]

Thank you CB,ims and SF for your replies.

 

There is a significant difference between the amount Crap1 are offering and the amount on our calculations using the spreadsheet with Interest in Restitution and my friend (for the purpose of this thread I will call her Kaye) is happy to proceed for the forseeable future.

 

I have explained S.S case to Kaye so as not to get wrapped up in the excitement of my victory as each case is different and, each organisation are processing claims differently.

 

Is there anything in Crap1's response which we could challenge apart from the route Cagger's are already taking?

 

I have prepared an LBA but have held on to it until I had posted this thread for guidance.

 

Appreciate you expertise and guidance.

 

Regards

Shelley

[huggy41]

subbing maybe we will meet on the same court house steps

[nightwalker]

hi

 

i have filled in a questionaire to claim ppi of capital one .

 

they have sent a letter saying they are looking into it and will give me an answer within 8 weeks .

 

whats the next step to exzpect

[huggy41]

if it's anything like mine. i have today found out the reason i have not had my letter back with there offer is because they have sent not 1 but 2 letters with the amount they are offering me to the wrong address along with my full name , account number and the amount they are offering.

so now i'm claiming for a breach of my personal data to unknown parties aswell.

[nightwalker]

what did they they offer you

[huggy41]

5% of my claim i've declined there very generous offer.

[Shelley181146]

hi

 

i have filled in a questionaire to claim ppi of capital one .

 

they have sent a letter saying they are looking into it and will give me an answer within 8 weeks .

 

whats the next step to exzpect

 

Nightwalker, you will get a better response if you start your own thread.

[Shelley181146]

Thank you CB,ims and SF for your replies.

 

There is a significant difference between the amount Crap1 are offering and the amount on our calculations using the spreadsheet with Interest in Restitution and my friend (for the purpose of this thread I will call her Kaye) is happy to proceed for the forseeable future.

 

I have explained S.S case to Kaye so as not to get wrapped up in the excitement of my victory as each case is different and, each organisation are processing claims differently.

 

Is there anything in Crap1's response which we could challenge apart from the route Cagger's are already taking?

 

I have prepared an LBA but have held on to it until I had posted this thread for guidance.

 

Appreciate you expertise and guidance.

 

Regards

Shelley

 

Having taken a break from this case I have now returned with fresh eyes in order to contest the response received from Crap1, as posted above.

 

Is it fair to say we would be rejecting the offer on the basis that we intend to claim charges pre 6yrs based on Kleinwort Benson and the emphasis on claiming Interest in Restitution? They state in their letter that it is a breach of the pre-action protocol to refuse an offer purely on the basis of 'level of interest' awarded. Is this correct?

 

Crap1 says "it is our responsibility to provide evidenc of the actual loss and to allow them sufficient time to respond before proceeding to issue a Claim in Court".

 

They also seem to want to repay their shabby offer direct to a DCA to reduce the debt - I am sure that once they have sold the debt on that they have relinquished all connections to the debt and thus, any refund should be repaid directly to my friend. Is that not the case?

 

Would appreciate your thoughts please.

 

Shelley

[Shelley181146]

Following my friends LBA Crap1 have decided to make their final offer which is no where near the amount claimed and have repeated the point of 6 year Limitation Act. They have also repeated the point that any monies will be paid direct to DCA even though they sold the account and relinquished all ties to it some years ago.

 

They appear to have been offended that Kaye has mentioned she will be going down the court route as opposed to FOS and advise it won't make any difference to how they handle their claims - they are settled fairly - yeh right!

 

I am of the opinion to write one final letter to them pointing out that they are once again mis-leading their clients with false information to see if they will increase their offer.

 

I would appreciate any comments/thoughts on Crap 1 and how they are choosing to deal with their claims.

 

Shelley

[coffeeangel]

Hi Shelley, how is this going? Anything new happened?

 

I myself today have received the exact same response to my claim for charges and just wondered what stage you/your friend was at right now?

 

Best,

 

Coffee

[Shelley181146]

Hi Coffee,

 

My friend Kaye has other pressing matters to attend to at the moment so I think we are just keeping low profile for now, but still researching the subject around the site.

 

When you say you have received the same reply do you mean in regards to you taking them to court rather than FOS and they're saying it won't make any difference? or they won't increase their offer?

 

I think research, research,research is the key to these people.

[coffeeangel]

Morning Shelley,

 

What I meant was that their response to my reclaim letter was exactly the same as Kaye's in that they offered me a paltry figure by way and refund with 8% interest which really wouldn't even cover a week's grocery shopping!

 

They also banged on about being out time as I have charged going beyond 6 years :blah: Shelley there are only TWO charges of £20 that go over the 6 year mark. I mean how petty and pathetic to argue over that! Surely they must realise I'm not going to accept it?

 

Anyway, I have 8 weeks within to either accept or reject their offer so I will be taking that time to research, research and prepare!

 

I hope things get better for your friend Kaye.

 

Have a good Friday Shelley.

 

Best,

 

Coffee

[Shelley181146]

Hi Coffee,

Have you got a thread on here for your Cap 1 case?

 

They do realise your not going to accept their paltry offers but they also hope you'll give up trying and go away. Naturally, we're not going anywhere.

 

It's hard going if you'v got more than one case on the go at the same time. You can end up with information overload, which I am guilty of sometimes.

 

Take care,

 

Regards, Shelley

[coffeeangel]

Hi Shelly,

 

Yes, I have my own thread here: http://www.consumeractiongroup.co.uk/forum/showthread.php?323333-Coffee-and-Captial-One-Reclaiming-charges

 

And yes it is very hard going when you have more than one thread/thing to deal with. My head feels like it is about to explode! These reclaiming charges/ppi threads are important, but more important and pressing for me at the moment is my Halifax legal issues - trying to sort out my defence at the moment.

 

Anyway Shelly, I will keep an eye out for this thread and in the meantime, I hope you had a good weekend and the coming week is good to you.

 

Take care,

 

Coffee

[Shelley181146]

Am I correct thinking that when issuing N1 claim to retain its process within 'Small Claims' process that only the amount of 'Unfair charges or PPI' need be below £5k, that interest in restitution can be added seperately, plus the daily rate of interest on top?

[Shelley181146]

Latest update - Kaye is approaching the 6 month time limit before their ungenerous offer is no longer avilable, so I have drafted a few options up in the hope you guys will assist me with some opinions and feedback to consider please.

1) Can we go back to Crap One and now claim only the charges within the six years - it's still a nice amount, with added interest in restitution or will they just say "we have said all we're going to say, accept the offer or go away"?

2) Is it worth taking the complaint to FOS - based on their long waiting times?

3) submit claim to court for charges within 6 years and take our chances?

 

Appreciate your assistance guys/girls please

 

Shelley

[Shelley181146]

Latest update - My friend and I decided to put a letter into FOS to report that Crap One have increased their offer but wish to pay it to the DCA, since they had sold the debt on sometime ago. However, nothing yet received from FOS other than their usual acknowledgement. At the same time Kaye sent a letter accepting their latest offer on the understanding that any funds were refunded directly to her. Their offer date expired a longtime ago, albeit they had received Kaye's acceptance within their timeframe.

Today it appears they have telephoned Kaye and said they will refund the funds either to;

1) The DCA who holds the account now or

2) Rebuy the account back and then apply the refund to that

 

eitherway, they will NOT refund directly to Kaye.

 

Please, can someone enlighten me because it is my understanding that Crap One cannot do this - I fought B/C over the exact same dilemma and won but I know Crap One are a tougher nut to crack. Please, can someone offer words of wisdom or guidance as to how to proceed with this?

 

Kaye has requested they put this in writing before proceeding further.

 

Appreciate your advice guys/lasses.

[slick132]

Hi Shelley,

 

Looking in at Citizen B's request.

 

We have just recently had a decision from the FOS in a similar case where they sided with the bank and refused to order the bank to refund direct to the claimant. The FOS said it was fair for the refund to be set against the outstanding debt, even though it had been sold to a third party.

 

This contradicts case law which you used successfully when arguing with BC but, as you rightly observe, CapOne have a different attitude and will take cases into court.

 

The only way to (try to) get a refund direct for YF is to take court action. CapOne will probably defend against any claim for charges over 6 years and against any claim for interest in restitution.

 

As ever, it's down to the judge on the day to decide on both issues, taking into account your evidence and that of CapOne's barrister.

 

What would the approx total claim be for :-

 

1. Charges over the last 6 years plus 8% s.69 Stat'y Int't.

 

2. Charges over the last 6 years plus compound int't in restitution. (This is the relevant figure when deciding what Track the claim is allocated to).

 

[Shelley181146]

Hi Slick,

What the hell is going on with these bloomin Institutions?

 

Isn't it enough that we have to jump through hoops and then FOS over rule Caselaw? How on earth are people expected to follow this stuff?

 

Kaye isn't in a good place right now and is trying to cope with some personal family stuff.

 

I will pop in to see her tomorrow and tread very carefully and pick my moment (if appropriate) and ask what she'd like to do because I am not sure if she would cope with a court case at the moment. In the meantime, I will have a look at the figures and see what amounts are involved.

 

Your message has frustrated the hell out of me this evening, following a conversation I had earlier today with ICO on another B/C thread of mine. I won't confuse the issue here.

 

Thank you sincerely for the head's up on this matter.

 

Truly grateful as always

Shelley

[Shelley181146]

Ok.Kaye has been through hell but I have managed to speak to her in depth today and I have correspondence she received from both FOS and Crap One.

 

I will blank out the personal details and will post here asap.

 

The gist of it is: We responded to FOS just on the deadline but they have said we were out of time - may still consider if extenuating circumstances and Crap One admitted having received letter sent by S/D but claim it arrived out of time so have once again changed their offer.

 

I have explained to Kaye the difficulties with Crap One and she has decided that the previous offer could be 'set-off' against an amount outstanding but we need to argue their recent response.

 

Will post back shortly

[Shelley181146]

I have checked with the Royal Mail website and both Special Deliveries were signed for on the final day of the 6 month time period allowed and both acknowledged by respective organisations as having been received on the correct date. They are both now saying that were out of time.

 

Would appreciate your thoughts please.

CAG response for forum p1.pdf

Cag response for forum p2.pdf