cap one ppi refund

[acid53]

hi,

 

capital one have just responded confirming they have upheld my ppi claim with a refund of £1k plus against a 2.3k balance.

The overall account is defaulted (very recently)

 

- given that almost half of the balance was related to PPI charges,

can they go ahead and default?

[dx100uk]

if you still owed money then yes.

[acid53]

could i not argue that the amount they are claiming as default is wrong as it consists of ppi charges? 

[dx100uk]

doubt it

at the end of the day there are probably calendar marker for late payment or over limit [those might be contestable]

do you know what they were ?? that lead to the DN?

 

 

[acid53]

yes there were regular calendar markers with missed payment and many many charges,

 

however i was still paying ppi from the beginning of lending right through to the point of default which was only 2 months ago

so it wasn’t like there was a big break where it defaulted then i reclaimed 

 

my argument is that the default amount includes very recent ppi charges that i would not have had if the ppi had not been missold

[dx100uk]

yes but the DN was issued for a series of missed payments

so, the only way the DN would be void is if there was no balance due at the time of the missed payment markers - clearly not the case.

 

ok yes you could challenge them that the DN is faulty as the claimed balance includes now refunded PPI

but as the account has not been terminated that's not fatal to them under the CCA so..

they could simply just issue a correct one, which might well be a later date causing a greater timelimit it shows on your credit file.

 

 

[acid53]

thanks dxc - yes id like to challenge them re the DN is faulty but appreciate that they could just rectify the amount and resubmit.

 

However, as part of the reduced amount I have many many charges for missed payments etc.

 

I am also pursuing them for irresponsible lending as they granted me an additional card (via littlewoods) at a time I had very poor credit rating and a long history with them of taking cash advances etc