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I've been successful in reclaiming PPI back from my Capital One 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 dmp.
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
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 ......
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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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.
If you think I've helped you please feel free to tickle my star
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 PPI 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.
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
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/DCA** 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 One , 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 bailiffs if necessary , like Audreygreeneyes did .......)
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
I wrote to Capital One 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 account on as they sorted the dispute out on the 15th with the refund.
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