Capone (cap one)

[tonycee]

Neuroboy, and anybody else reading.

You could have taken the loan out with PPI at the lower rate, and cancelled the PPI within the first 30 days.

They couldnt have increased your APR then.

[Maggiebroom]

UPDATE

 

Nothing from Crap 1 for a while. All has gone very quiet. I guess I just have to wait for the FOS to get their wheels grinding.

 

News forthcoming when there is some.

 

maggiebroom

[neuroboy]

Turns out RBS refused me the loan I applied for after turning down A+L - they accepted me online, sent me the forms to sign and send back along with the myriad of paperwork (statements, agreements etc) they requested, and they then said 'sorry, no can do'. I don't understand why, as they got my full details and info during the online application - surely they could've told me then, or a few days later, rather than make me go through the whole rigmarole of digging up lots of paper work and writing a covering letter.

 

Perhaps I should've just gone with A+L, who had already cleared me and credit checked me. That'll learn me.

 

(Oh, by the way, I contacted A+L straight away after shredding their forms to tell them I didn't want the loan - that was a week ago, but I just received an email from them saying I have been accepted for a loan and the paperwork has been sent out to me. Doh! These bankers don't seem to be very joined up do they?)

[Maggiebroom]

Still nothing from Crap 1, but I did get a letter from the FOS.

 

Same old!! Same Old!! We still haven't allocated your case to a case worker, due to the pressure of so many complaints. We will update you in four weeks.

 

Surely if they have this many complaints it means that people are right about Crap 1 and how they harass people. Perhaps they will eventually do something about this disgusting company.

 

So its still a waiting game.

 

maggiebroom

[midge61]

Hi maggie

 

Don't hold your breath for the FOS. They have been lookng at my complaint for charges against Cap1 and have just written to say they think Cap 1 have made an error and offered me too much!!!!!!!!!!!!!

I am now going to have to scrape the money together to file a court claim.

 

Good luck

[Maggiebroom]

UPDATE

 

Letter from Crap 1 via the FOS (13 February 2008)

 

Dear maggiebroom

 

I'm writing regarding the complaints raised by both you and your husband, your reference 0000000. It's my understanding after speaking with the Financial Ombudsman Service today that this case has not yet been passed to an adjudicator.

We did write to the FOS on January the 8th with our settlement offer, in order to reach a final resolution to your complaint. There is somewhat of a delay in the FOS sending you their official response, due to the volume of work they have at this time. We are sympathetic to this fact and also to the effect any further delays have to you. In order to try and resolve this matter more promptly, I have sought the FOS's approval to send my offer once again to them, so that it may be forwarded to you through their existing complaint channels which you have agreed to.

I have done this instead of writing to you directly, as I understand you do not want direct correspondence from Capital One as outlined in your solicitor's letter. Therefore I am making every effort to adhere to this request, whilst still keeping you up to date on the status of your complaint. We've been looking further into your complaints raised to see if we're able to mitigate a settlement suitable to both parties.

We understand that this complaint originally began when you wanted to claim back the payment protection insurance (PPI) premiums paid on your account, 0000000000000000

We responded explaining that the premiums had been added to your account correctly and arranged to cancel the policy immediately.

You then proceeded to request true copies of your credit agreement under section 78 of the CCA 1974. Since may 2007, we have sent several copies of both the application form and current terms and conditions for your account.

Under section 78 we are only obliged to send a current copy of the terms and conditions, however we also included a copy of the original documents signed by you and Capital One. When you then asked Trading Standards to review your complaint, they also wrote to confirm that we had supplied sufficient proof to show that the credit agreement was enforceable.

We realise that a large part of your complaint is that you feel harassed by the phone calls we've made.

We didn't want to cause any undue stress by calling but you have been missing payments, and we have been calling to reach a payment resolution. We have been calling within the guidelines set by the OFT. We have added our own block to prevent further letters and calls being made to you.We have been trying to work with you to reach a resolution, but we appreciate this may have caused you undue distress.

Although we feel we have done nothing wrong in trying to collect money which is due to us, we understand that we need to look at this situation with the aim of reaching an amicable solution. As such we beleive that the best step to take is to write off your balance of £0000.00 As this situation has been ongoing for some time we will also remove the defaults held on your account

If you agree to this final offer in full and final settlement of your complaint, please sign and return the enclosed settlement form. Once we have received your signed agreement we can get this matter resolved for you.

In addition please ensure that you do also contact the FOS to inform them if you accept this as settlement. If there are any other third companies that have been involved with this complaint, please inform them of the outcome of this offer.

 

Hubby received the same letter. What amazes me is the fact that they are stating on one hand they are right and on the other hand they are saying they are giving in.

If they are so right why did they not take it to court then.

I think we all know the answer to that.

 

So it's over and they have backed down. WHAT A RESULT!!!!

Either they knew they didn't have en enforceable CCA or they knew they would lose a harassment case. I don't care much now. It's another problem resolved.

 

There is light at the end of the tunnel folks. It has taken 10 lousy months but it was worth the fight. Many Many Thanks for all those whose support and help with letters and forms I could not have done this with.

This thread may now be passed to to success forum.

 

a very happy maggiebroom

[Maggiebroom]

A final update. (beggars belief)

 

I got a letter from the Specialist Support Unit Manager at Crap 1 this morning dated 20th February saying that they had no response to a payment plan and I must make payments to the account as soon as possible.

 

I think this is a case of right and left hand not knowing what the other one is doing.

 

That will be one letter I shall be very happy to write.

 

maggiebroom

[the main man]

Fantastic news Maggie! What happened with the sudden change of heart from Cap 1? methinks you had them cornered!

 

If only they would cave in with me:(

 

Regards

MM

[reidnet]

Congratulations Maggiebroon A long hard fight you had with them but you got the right outcome.. Im so glad to see others have the "Balls" (Pardon the Pun..lol) to stand up for their rights. A Very big WELL DONE...

 

(Just a mental note to myself .. Dont cross Maggiebroon..lol)

 

Ian

[Maggiebroom]

Hi Main Man/Reidnet

 

Thanks for your good wishes. I think in the end they knew they were on a loser, but I have no doubt that Neil Mercers intervention tipped the balance for me.

I was just so glad that I would not have to fight the default removal as well. That really surprised me. They even said they only had an application.

Its another weight off my shoulders. Now all I have to do is concentrate on Hubbys Barclaycard claim and Nasty West, who I don't think will cave in so easily.

 

No cash at the end of it, but I am pleased not to have to worry about it anymore. I was quietly confident, but there is always that little thought at the back of your mind, as to whether or not you have boo-booed along the way. Obviously not in my case.

 

The support from Caggers especially you two, not forgetting Hellhasnofury, has been fantastic, I couldn't have done it without CAG.

 

Lawyers who needs em' (Neil Mercer being the exception.) :-D

 

maggiebroom

[midge61]

Hi

 

This is fantastic news Maggie and well deserved.

Congratulations

[alibobsy]

That's superb news maggie . Been watching your cap one fight with interest from the start. In a simular position, CCA in default from august lasy year. Won't refund PPI and charges. I didn't even get an application just a "made up" unsigned agreement and a copy of the current terms and conditions. After many threatograms they have passed things to CSL. After I wrote to them re the CCA and above they suddenly have gone all "nice". keep getting letters with offers in them lol. Latest is for 30% off f&F. Not enough lol. So referring off to FOS. Given that they don't even have an application (or at least have failed to produce even that so far) they would appear to be in a very weak position.

You give us all hope thanks maggie

ali x

[davey77]

Hi Maggiebroom, that's great news! I didn't hear about it as i didn't get an update to your thread! Thanks for letting me know that good news! wow!

 

"we have stuck to OFT Guidelines".. yeah right. They always say that! They could ring you 300 times a day and still say that!

 

I don't think the FOS would have pushed this to this kind of ending though. As we have seen from my thread recently and OTR lately, the FOS don't enforce the law concerning executed agreements (or not) so i do believe it was the fact that Cap1 knew you had a solicitor's backing on this one that tipped them over. As you say though.. they haven't admitted they were wrong at all and they never will.. but who cares eh! We know different and if they had stuck to the law on all points they would have had no hesitation in going to Court to get their alleged money!

 

I'm really pleased for you! You never know.. could be a new strategy to rid themselves of tough customers.. I might be next! lol Well done!

[willtheywontthey]

inspiring read

 

I now have high hopes with the vermin Capital One...

[alanalana]

Well done maggie,

 

as you say so much disorganisation. It makes you concerned that you are complaining to the correct department!! Indeed so much misselling have you got the correct bank or credit card company etc

 

I hope I get similar result from my clash, battle, war with RBS

 

Kind regards

 

aa another ICO, FSA, FOS, OFT, BBA complainant

[hellhasnofury]

Hello Maggie,

 

OH MY GOD:D

 

I have just caught up with your thread and I am truely overjoyed for you, well done, you are a true inspiration to us all:D

 

I know how hard and frustrating this ordeal has been for you at times, but you stood strong and what a victory for you:D

[bathgatebuyer]

Maggie - brilliant result!!! You've been a real trooper. It just goes to prove what persistance can bring. I'm nearing the end of a year long struggle with over PPI on my visa card and if I get the same result as you, I will be delighted.

 

Well done!!