Capital One SAR Response... Some rather interesting reading.

[LuckyReds]

Account background:

Account fell in arrears,

defaulted in July of 2012 and was passed to Cougar Financial Services.

 

Was paid off in full by early September 2013.

 

I had moved house during the time I fell in to arrears.

I'm looking to claim back charges, although I think removal of the default is going to be impossible.

 

A few interesting things from the SAR though...

 

1. Payment Protection Insurance.

Incredibly, they haven't even tried to hide their conduct here.

On the CCA they sent as part of my SAR I noticed that the PPI checkbox was not ticked.

I then dug in to their screen dumps and saw one that clearly had:

PPI Required? [

No

]

PPI2 Required? [

Unanswered

]

2. The CCA itself

Doh! If I had requested this before paying the balance off in full I may have had some luck.

It's unsigned - not a signature, nor a tick on the whole document.

 

If I'm right this means there was no legally binding agreement,

but I'm fairly certain that by paying it off I've entered some form of legally binding agreement.

So this couldn't even help with the removal of the default.. which, I think I'm out of luck here.

 

3. The Default Notice, Statement of Default

They had also included several documents regarding the default itself,

only one is readable though (Statement of Default),

the other two documents (Notice of Sums in Arrears

and a letter dated 5 days previous) are unreadable due to huge font sizing, small lineheight and text overflowing off the page..

 

I was surprised to see they had actually sent me a copy of the default notice however!

Although they had sent it to an address which I no longer resided at..

 

4. Sum of charges with Interest

Still got to do the good stuff and the calculations..

 

So with regards to PPI - banged to rights and no defence there?

 

The CCA - could it be argued I didn't actually give them permission to contact the Credit Reference Agencies due to lack of valid CCA?

I doubt it though, but surely an unsigned CCA could be of some use even now the debt has been settled?

 

As for the default notice, not a lot to be said I guess!

[LuckyReds]

Ah, Not the greatest

- only around £250 of fees using the compund interest up until the date of default.

(Add another £100 on if I did interest till today, but AFAIK it should be till the date of account closure?)

 

One interesting thing did jump out; this is in October 2012 - 3 months after the account was defaulted.

 

12/09/2012 Interest Adjustment -£2.11

24/09/2012 PAYMENT ADJUSTMENT £60

02/10/2012 PAYMENT ADJUSTMENT £60

19/09/2012 PAYMENT RECIEVED -- THANK -£60

26/09/2012 PAYMENT RECIEVED -- THANK -£60

 

Totals: £122.11 (PAID IN) - £120.00 (PAID OUT)

 

If I understand this correctly,

I paid £120 in two installments of £60

- then within 1 week of making such a payment they both cancelled out by "PAYMENT ADJUSTMENT"s.

 

I have no idea what these actually are, nor why they were applied after the account had defaulted.

 

One theory I have,

is that at that point in time I was unaware the account was under default

- and I remember making these payments through my online banking.

(Will get backdated statements online to confirm)

 

I do remember posting on here saying I had a feeling that "my money has just vanished in to their account".

 

So at this point in time it is perhaps that the account was under Cougar Financial Services,

so Capital One didn't credit it to my account correctly.

(Cougar were seemingly acting on behalf of Capital One,

judging by my payment history being continued through to Cougar on these statements)

 

Surely they couldn't just eat them up like this though!

I'm guessing these should most certainly be queried..!!

 

I would put them on the spreadsheet with interest,

alas as the account was in default there seemed to be no interest charged at this point.

[Conniff]

Get your statements in your SAR, don't pay the rip-off charge they have for duplicate statements.

[LuckyReds]

Get your statements in your SAR, don't pay the rip-off charge they have for duplicate statements.

 

Ah I got all this from the "mini statements" contained in my SAR response, I think I have all the data that would be contained in the statements actually! Just no clues as to what this payment adjustment is..

[Conniff]

[Christmas party beer money / bosses annual bonus:) ]

 

Challenge it, don't let it lay, make them work to justify it, ask for a full breakdown.

[dx100uk]

cougar are power2contact

a powerless doorstepper dca in sheeps clothing.

 

dx