Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Payment of Reclaim for PPI

    I've been successful in reclaiming PPIicon back from my Capital Oneicon Credit Card albeit through a reclaim company.

    Capital One are saying they are putting the money back onto my account. I could really do with this money in my hand.

    As anybody got their refunds paid directly to them rather than put back on their card. ?

    My card was originally over its limit but the refund of charges I received from them would have sorted that out. The card isn't in use anymore and the balance is being paid off via a dmpicon.

    I know in theory the money should go onto the account but I could use this money to clear other arrears I have and it would make life alot easier.

    Any ideas what to do, I'm going to ring Capital One later but I need to put a good case together

    Thanks

    Kaz

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  2. #2
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    Default Re: Payment of Reclaim for PPI

    Hi Kaz , welcome to the forum - and well done on re-claiming your PPIicon .

    It has been known for cap oneicon to pay by cheque - or by BACS for that matter .... have look at the link below :

    http://www.consumeractiongroup.co.uk...iting-cap.html

    I would say don't bother to phone them , as they'll promise you the earth and then ignore you , as they did in this case - to their detriment -

    I would write and ask them to pay by the method you would like -point out that the card is not in use anymore, therefore you would like the refund paid via.......... Send the letter 'recorded delivery' - so someone has to sign for it and see what they say.........

    By all means come back if you need more support - there's always someone who will answer - and we're a friendly lot on here ......


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    Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.


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  3. #3
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    Default Re: Payment of Reclaim for PPI

    Sorry but they do have the right to offset the payment against the debt.

    Nothing you can do about that.


  4. #4
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    Default Re: Payment of Reclaim for PPI

    Oops , sorry Kaz , Ross-co is right I missed the fact that there was still a debit balance on the account - they can use the refund to off-set it .......


    Nemo me impune lacessit


    Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.


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  5. #5
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    Default Re: Payment of Reclaim for PPI

    Im not sure that is entirely right as they have a duty to put you back in the position you would have been in had they not charged you for the PPIicon and in that case the money would of been in your pocket the fact that there is a debit is there doing not yours as it could be said that you would not have had a debit on your account had they not denied you of this money.

    Thats my argument anyway

    Regards

    Pompeyfaith


  6. #6
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    Default Re: Payment of Reclaim for PPI

    I'm still chasing this money

    I've chased up the reclaim company and they are still waiting for a response from Capital Oneicon.

    I sent off my acceptance of the reclaim but I also requested that the refund was paid to myself rather than put back on the account.

    Capital One have since "sold" my loan onto another company. They amount they have passed on is the balance of my account but not including any refund.

    Should I write to Capital One saying I want my money together with interesticon they are getting as it's in their account and not mine.

    Any ideas as I could really do with this money

    K


  7. #7
    Site Team dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk's Avatar

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    Default Re: Payment of Reclaim for PPI

    urm..
    sold it on whilst the A/C was in dispute? dont think that should have happened.

    dx

    GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
    Credit Reference Agencies:Experian Equifax CallCredit <<<<CRA FILE INFO IS HERE<<<<

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan & Credit Card Charges Read Here
    4. The CAG Interest Tutorial Read Here
    5. Feel Bullied by Creditors or Debt Collectors? Read Here
    6. Staying Calm About Debt Read Here
    7. Thinking of a Full & Final Settlement? Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
    rather than hittting to be my friend - hit the star
    DX
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  8. #8
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    Default Re: Payment of Reclaim for PPI

    You are right Dx100uk , an account should not be sold on when it is 'In Dispute' .

    The trouble is that these DCAs buy the debts ln bulk without checking the leagality of their actions and they rely on bully-boy tactics to extract the money from the poor debtor.....
    However, if you tell them that the account was in dispute when passed to themand cannot be collected , they usuallly 'pass the parcel' quickly back to the originator.

    Hi kazma, you could try something like this :


    Dear Sir or Madam,
    Account number: XXXX XXXX XXXX XXXX
    ACCOUNT IN DISPUTE
    I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original/DCAicon** and has been since xx xxx xx.. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998
    As the original Creditor has not paid me the reclaim amount which was agreed via .........(enclose a copy of the letter if you have it ) this account was in serious dispute when it was accepted by you .
    Now I would respectfully suggest that this account is returned to the **original/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities

    I would also send a letter to Capital Oneicon , enclosing a copy of the letter you send to the DCA and ask them for an explanation of why this was passed on whilst it was ‘In Dispute’ and request immediate payment of the monies due to you from them .
    Make clear that failure to pay will result in court action to recover what you are owed. (maybe with bailiffsicon if necessary , like Audreygreeneyes did .......)


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    Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.


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  9. #9
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    Default Re: Payment of Reclaim for PPI

    I wrote to Capital Oneicon complaining about their service and have just got a response.

    They put the reclaim to my account on 15 Jan therefore reducing the balance to around £800

    but

    On 27th Jan I got a letter from Cap One to say they have "sold" my debt on with the balance being just over £2100. The date of the balance was 16th Jan. The day after my supposed refund.

    What should I do next, in theory they didn't sell a disputed accounticon on as they sorted the dispute out on the 15th with the refund.

    K


  10. #10
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    Default Re: Payment of Reclaim for PPI

    Hi K

    What should I do next, in theory they didn't sell a disputed account on as they sorted the dispute out on the 15th with the refund.

    Technically you're right ..... but that also means that technically that the balance on 16th should have been £800 - not £2000 +
    and you've got a letter to prove it .....?


    Nemo me impune lacessit


    Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.


    If you think I've helped you please feel free to tickle my star


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE