speedtrip v Cap1

[speedtrip]

I recently settled a Cap1 Debt via lowe for 60%.

 

I have worked out they owe me £550 in charges over last 6 years.

 

What now given OFT ruling?

Can I go back futher than 6 years?

Could i CCA them and ask for my money back?

 

Cheers

[speedtrip]

bump

[steven4064]

Which OFT 'ruling' do you mean? If you mean the OFT 'test case' it is not relevant to credit card claims. If you mean the £12 stuff - you can ignore that too.

 

What you should do is send a (modified) prelim letter (see bank templates library) requesting your £550 back. If you have the information to hand, you can claim back beyond 6 yeras too (but be prepared for a fight). If you haven't got the information, send a SAR (again loook intemplates library)

 

A CCA request is not relevant as the debt is settled.

[elizabeth1]

I recently settled a Cap1 Debt via lowe for 60%.

 

I have worked out they owe me £550 in charges over last 6 years.

 

What now given OFT ruling?

Can I go back futher than 6 years?

Could i CCA them and ask for my money back?

 

Cheers

 

The OFT test case isn't about credit card claims - it's about the Bank Accounts - a notice is on here to explain about it.

 

YES do CCA them as if they send you a tacky cut & paste application form like everyone else seems to be getting your claim wouldn't simply be about charges.

 

If you got the application form as the CCA (which is most likely) you can claim back interest that they charged you, charges and PPI from them. If they registered a default against you while there wasn't a CCA in place you can also argue to get that removed from your credit files and ask for damages for the way they shared erroneous data with the CRA's about you (charges were amongst the balances they shared with the CRA's = experian etc.. - so data was wrong?)

 

It doesn't matter whether the account is cleared or not - you can still reclaim these monies from them - it's not simply the charges. If a CCA wasn't correctly in place they had no business sharing data with anyone about you at all and certainly shouldn't have sold account to Lowell's clowns to chase you.

 

Post back if you need more help - and do keep us updated.

[steven4064]

It doesn't matter whether the account is cleared or not - you can still reclaim these monies from them - it's not simply the charges. If a CCA wasn't correctly in place they had no business sharing data with anyone about you at all and certainly shouldn't have sold account to Lowell's clowns to chase you.

The problem is though, Elizabeth, that they don't have to comply with a request under s78(1) of the CCA1974 if the account is settled. Section 78(3) says

(3) Subsection (1) does not apply to--

(a) an agreement under which no sum is, or will or may become, payable by the debtor

[elizabeth1]

Speedtrip - I have PM'd you

 

The alternative is to send them a combined SAR/CCA request as per my PM to you - this way you will get ALL the data you require from them and although it will cost you £10 - you can reclaim this later. (SAR will contain the relevant CCA, DEFAULT NOTICES ETC.. AS PER LETTER SENT TO YOU - you need to gather as much information as you can and then build your case/claim)

 

Don't over complicate things - you are making a simple request to see whether the CCA existed etc.. it is an important document - this combined letter will get that info for you. If after 40 days they haven't complied - you then go the court route for non compliance and get the courts to order full disclosure of documents as you requested.

 

Courts won't allow these companies to not comply etc..- you will get your documents one way or the other.

 

In my own CAP1 claim Judge has ordered CAP1 to disclose documents my hearing is tomorrow - so it should be interesting to see how CAP1 get out of this application form lark? I will post tomorrow what has happened.

[steven4064]

I'm looking forward to hearing what happens there Elizabeth

[speedtrip]

wow, .... so am I and many thanks for your help,

 

E1, i have your pm and will take a closer look tomorrow,

 

I had done searches for the process but couldnt find anything relevant,

 

Again thanks

[elizabeth1]

wow, .... so am I and many thanks for your help,

 

E1, i have your pm and will take a closer look tomorrow,

 

I had done searches for the process but couldnt find anything relevant,

 

Again thanks

 

You need to edit the letter I PM'd to you - just edit your name, address, account number into it. Send by recorded delivery so you have proof of postage. SAR is £10 - but you can claim this back later - sending this combined letter as in the PM will ensure you get the documents you need.

 

You should within the 40 days recieve all of your data as per the letter to include the CCA too. (it should contain statements, CCA, default notices etc.. as per lettter request).

 

If they don't comply fully within 40 days - you can then issue a court claim asking for full disclosure of the documents and follow up with claimung the charges back etc..

 

Keep us informed how you go on with this and ask if you get stuck.

[speedtrip]

Thanks E1, I am already in dialogue with Moorcroft & AIC re other credit cards that I have not settled so I understand the CCA process.

 

However, given the comments from Stephen below in response to your post, is it feasible to now challenge them given I settled. I dont believe for one minute that they have a CCA as they are useless but I have a lot on my plate right now and dont want to tie myself up in knots. I also have claims in for Lloyds Bank & Credit Cards.

 

I am also considering taking on MINT. I have the means to pay but it would clear me out and am have not been treated very well by them. I run my own business and am treating these as business issues as the cashflow would help my business run far easier.

 

Would like to see how your case goes and good luck. Had you previously settled before CCA them?

 

 

 

Originally Posted by elizabeth1

It doesn't matter whether the account is cleared or not - you can still reclaim these monies from them - it's not simply the charges. If a CCA wasn't correctly in place they had no business sharing data with anyone about you at all and certainly shouldn't have sold account to Lowell's clowns to chase you.

 

The problem is though, Elizabeth, that they don't have to comply with a request under s78(1) of the CCA1974 if the account is settled. Section 78(3) says

 

Quote:

(3) Subsection (1) does not apply to--

(a) an agreement under which no sum is, or will or may become, payable by the debtor

[elizabeth1]

send the combined SAR/CCA letter I PM'd to you - they have to comply with that - you'll have the CCA request in that to use.

 

Once you have the information come through you'll have the information to compile your claim.

 

Steven is correct they may not comply under an ordinary CCA request - so you simply do the combined request which they DO have to comply to.

[speedtrip]

Ahhh, i see what you are getting an now, thanks for your help

[speedtrip]

recently got a letter from cap1

 

basically saying they wont pay what ive asked for but willing to pay a nominal sum, ie reflecting the OFT charges, ie what they have calculated are excess charges over the £12 suggested by OFT.

 

They refer to CCA saying that I signed and agreed to these.

 

I guess its time for the combined SAR/CCA letter now?

[ukaviator]

Yes, that is what i would do. This is a standard response from them.

[speedtrip]

ok, have a response now from Cap 1.

 

• they have enclosed a copy of current t&C
  
• they have enclosed copy of cca signed in 2005 in respect of replacement card issued when they cancelled original card (processing error)
  
• they have enclosed template default letter issd 2006
  
• they are sending deed of assignment under separate cover
  
• as account was sold to dca they are referring me to them re o/s amt and i dont think they know it has been settled.
  
• still sticking to nominal offer in respect of charges

As this goes back to pre 2000 what would you recommend next? Go back to Cap1 for original cca and if missing would this overule 2005 cca?

[speedtrip]

big bump please

[elizabeth1]

ok, have a response now from Cap 1.

• they have enclosed a copy of current t&C
  
• they have enclosed copy of cca signed in 2005 in respect of replacement card issued when they cancelled original card (processing error)
  
• they have enclosed template default letter issd 2006
  
• they are sending deed of assignment under separate cover
  
• as account was sold to dca they are referring me to them re o/s amt and i dont think they know it has been settled.
  
• still sticking to nominal offer in respect of charges

As this goes back to pre 2000 what would you recommend next? Go back to Cap1 for original cca and if missing would this overule 2005 cca?

 

Hiya Speedtrip,

YES it's the Original CCA that you want from CAP1 as this is the one that forms the basis for the account from the start - you want the original T&C's with that too - not the "leaflet" they are so fond of sending to people.

 

You need to hold out for the full amount of charges to be refunded too - you don't have to accept any offer for less.

 

PS.

Have a look at my thread in the CAP1 forums - CAP1 settled out of court with my claim - so there was no hearing.

[speedtrip]

I have now received a reply from Cap1.

 

 

I asked them for a copy of the original T&C, CCA, Deed of Assignment to Lowells and to confirm they have provided all financial statement available and the following is their reply.

 

Thank u etc but im afraid that we wont be able to send any different documentation to support your request.

 

As already explained I have suppied you with the current t&C of your agreement, which is compliant with s78 on CCA 1974.

 

I have already sent you a coy of your CCA even though this is not required under s78 on the CCA 1974, this is signed by us both.

 

We we opened your account in sept 2005 (originally 2000 and they cancelled card in error hence new cca) we sent you the CCA. By signing and returning this to us you agreed to the t&C for the account.

 

We confrim you have all statements etc

 

Sorry you did not Deed of Assigment, should get within 14 days.

 

Final response go to FSA.

 

Just to remind you all CAP1 sold this to Lowells and I settled at about 30p in the round but then found this site.

 

I was paying PPI until 2004 when i cancelled it. This box is not ticked on the sept cca they refer to so maybe there is something i can do there.

 

i remember the account being cancelled in error and being reissued hence the need for a new one and being told to ignore any contradictory corres. i have default letter issd in error aug 05 and complained as they stopped card in error and agreed to issue new one.i recd a letter thanking me my application saying that they did not enough info to issue new card so asked me complete new cca.

 

i cant remember returning the cca but its possible i did. i still have a copy of what the cca sent to me with t&C

• I think they should produce the original CCA.
  
• If they cant then the amt prior to Sept 05 is in dispute.
  
• The PPI from 2000 - 1994 certainly is because the consent box is not ticked on sept 05 cca.
  
• Why did they issue another CCA in sept 05 if they thought i was defaulting in aug 05
  
• I have a letter declining credit card in aug 05

Would appreciate views:

• my aim is at et back the PPI as they no prove it was consented to (plus interest)
  
• and I want £402 in charges back as well.
  
• i cant find letter of settlement from lowells but is showing settled on credit score

[elizabeth1]

You could SAR Lowell's - this way you'd get the history of the account repayments made etc.. and copies of any correspondence - or could perhaps just write to Lowell's asking for a breakdown of payments you made and copy of the letter they sent to you when it was settled etc.. if you don't want full SAR.

 

Did you apply for new card in Aug 2005? I have no idea why they'd issue another CCA - other than they were trying to over ride the original agreement.

 

You can reclaim the PPI and charges back - also if the CCA - is the CCA they show you a proper agreement or is it an application form?

 

I'd be tempted to go to the FOS/FSA with this one and get it fully investigated. Cap1 tend to make it up as they go along?

[speedtrip]

thanks for your reply e1.

 

I think I will SAR Lowells.

 

CAP1 defaulted me in aug 05 but i had already made payment and they agreed to stop this but had already stopped card/account and sent me a new cca as they said they had missing information on their system and needed a lot of manual intervention. It was a real mess as I received a number of letters at the time. I did not apply for a new account, i guess it was there of resolving the problem but maybe i was a bit naive here.

 

As for the CCA 2005 yes it is a valid one as it is quite recent but surely they will have to produce the original from 2001. The alleged debt prior to aug 05 was already at the peak. Any money I paid after that only covered charges/monthly interest.

 

The CCA 2005 does not have PPI Consent box ticked and as they cannot/will produce CCA 2001 they have no proof of consent to PPI through til 2004.

 

I seems to me that are hiding behind 2005 CCA in the vain hope that

 

1) i will give up, or

2) if court judge will rely upon CCA 2005

 

It seems like that FSA/FOS is only option here?

[speedtrip]

got response from lowells but they have not given me a copy of settlement letter.

 

However, in their service history prints it says write off on payment of 50% which is shown as paid and my request two months later for a letter to be sent out confirming this which has never been received. It looks like they raised as a query and then forgot to do it.

 

Given that my credit file shows settled and balance zero as does this service history should I raise the absence of a settlement letter.

 

I just want to avoid them coming back and re-opening the case later and I want to pursue miss sold ppi,

 

Views?

[speedtrip]

bump

[speedtrip]

I am resurrecting this post as I need some help with Cap 1.

 

I took out a credit card with Cap 1 in 2001. I was told at the time that PPI was mandatory for the credit card although I cannot prove this.

 

I repeatedly asked Cap 1 for the agreement dated back to 2001 but they keep referring back to a replacement card issue in Sept 2005 when the orignal was cancelled in error which I do have a copy of.

 

I am about to write to them again requesting the 2001 agreement but should I just put a claim in and go for it. In the absence of a signed executed agreement what happens?

 

I would add that I have already settled and closed this account but at the time they were offering these deals they were pushing the PPI very hard.

 

I have the full payment history back to 2001

 

Reall need some help here guys!

 

ST

[speedtrip]

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