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i have today received a letter from Capital 1 stating any refunds will go to the debt agency. They have offered the difference between £20 and £12 and none of the interest. This makes it £134 offer out of £456 charges and £1264 requested.
Both the refund and sending the payment to the debt agency are not acceptable to me as i want the money to come to me. The debt has been satisfied with the agency but i don't want to go through months of wrangling to get the money out of them.
Had a heated argument with a lady on the phone at Cap1 who insisted it has to go to the debt agency as they now legally own the debt and Capital 1 are not allowed *by law* to even deal with my enquiry. I asked her for proof of this and she refused.
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
Posts
25,002
Re: tifo vs capital one
great customer service!
its YOUR money they have unlawfully taken from you.
reject the offer & request that the claim only be paid by cheque as you have many debtors & you wish to distribute any refund of YOUR money equally to everyone.
dx100uk
GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT 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
passed the complaint to the Ombudsman just now and he agreed the money should come to me.
however, he said they would only get back the difference between the charge and £12 as its a "OFT ruling". I told him it's not a ruling and not a law but only a report and that the refund request is based on actual law.
looks like they might be a waste of time with credit card claims, but lets see what the adjudicator says when he gets it.
in anticipation of a court claim from me, how do i detail Capital One as the defendant when they say they no longer legally own the debt (the debt agency could not provide proof under a s.78 request and wrote it off).
Capital One will just come back and say its not our account anymore.
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
cap one have offered to pay additional £250 of the charges (in addition to the £134 already paid to Lowell) and around £50 of interest, making the total less than the amount of charges i claimed. fos say this is acceptable to them.
Lowell have sent a short application form as CCA request compliance so the debt is unenforceable. They wrote it off in April 2007 and resurrected it again some months later. If the payment went to them i would just lose it and Lowell would gain at my expense.
Is there a claim for a refund of this money against Lowell if this money went to them, after a debt is legally unenforceable? The FOS don't seem to be bothered about this.
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
Posts
25,002
Re: tifo vs capital one
what is it?
you say 134 went to lowells, then you say if the payment went to lowells?
if you are confident the figure you quote £1264 is correct then they have no business paying anyone else, if it been written off [got this in writing?]
then you should get all the money back..its YOURS to decide who it goes too.
for someone with 1306 posts you seem very unsure, i would of expected you to be more knowledgable than myself , all i have learned is by reading threads in this forum.
dx
GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT 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
if you are confident the figure you quote £1264 is correct then they have no business paying anyone else, if it been written off [got this in writing?]
for someone with 1306 posts you seem very unsure, i would of expected you to be more knowledgable than myself , all i have learned is by reading threads in this forum.
Lowell wrote off the debt then resurrected it some months later, so they say it stands now. But they haven't complied with a CCA request yet after 1 year.
We learn all the time and come across different things depending on what we are doing. I haven't come across this situation before because the banks used to pay the claimant. This has changed only in the last few months or so, so having a lot of posts does not mean i know everything. Plus the fos first agreed with me and now at offer time they say the bank can pay the DCA even on an unenforceable debt.
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
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
Posts
25,002
Re: tifo vs capital one
the only threads i can find already contain posts from you about this subject.
what does rory32 have to say.
as far as i see it, its your money, you tell them what to do with it, not the other way around.
i cant see anything written that allows them in law not to pay your money directly to you.
if they sold the debt on, then they have nothing to do with what happens to your money, .
is there not a case here for a 3rd party disclosure breach.
how do cap1 know [or think] that the debt is still open, if they sold it, then how did they know it was not cleared?
something smells
dx100uk
GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT 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
the only threads i can find already contain posts from you about this subject.
what does rory32 have to say.
as far as i see it, its your money, you tell them what to do with it, not the other way around.
i cant see anything written that allows them in law not to pay your money directly to you.
if they sold the debt on, then they have nothing to do with what happens to your money, .
is there not a case here for a 3rd party disclosure breach.
how do cap1 know [or think] that the debt is still open, if they sold it, then how did they know it was not cleared?
something smells
dx100uk
i hear there was a case in Dec 2007 which set in stone that banks now pay the DCA's if there is a debt outstanding, or the DCA can sue the bank.
cap one ask Lowell 'is there a debt' and they say 'Yes £xxx.xx'. So Cap One pay them. No proof asked or mention of enforceability or CCA complaince, even through the fos who agree with the bank.
I passed a complaint to the fos following Capital One stating they have sent a part payment to the debt agency and the matter is closed.
At the FOS they offered to pay the rest of the amount, again to the debt agency. I did not accept this.
Now an Ombudsman has reviewed and uphelp the decision of the Adjidicator as above.
I have told them the debt with the agency has been settled and i have proof (i have a letter they sent). They re-opened the whole account when Capital One sent them the money. No s.78 compliance by DCA since Jan 2007 and debt is currently uneforceable.
The Ombudsman has made a statement which is now contradictory, i.e. that the debt agency would get the refund even if i have settled the account as that is a seperate matter to do with me and not their concern, because i did not pay the charges to the bank. But, in accepting the bank paying the agency they have made it part of the complaint, so how it be a seperate matter now?
This would mean the agency has had my money in settlement and now gets the refund from the bank as well, almost as much money as the whole amount they were asking. This would seem to be a fair and reasonable decision by the Ombudsman and in their eyes it is up to me to chase the agency for my money which they have allowed the bank to pay them
Next move anyone?
I have asked the Ombudsman for the guidelines they used in making the decision and that i want to see all the banks submissions and evidence, as the complaint is ongoing.
back to this one ... and to explain what's happened ...
This is an unusual situation i find myself in and would like some advice please.
In April 2007, I settled an account with a DCA to whom cap one had sold the account to. I paid the whole amount of £800, which included around £400 of charges. The DCA offered me a sum in compensation of additional (5) unlawful defaults it maintained for 2 accounts. They used the compensation to settle this and the other account they had. No money exchanged hands but it still means I paid the whole debt off with 'cash', i.e. they paid me compensation and I paid this back towards settling the accounts in full.
In May 2007, I reclaimed the £400 of charges from Cap One, who offered to pay the difference between each charge and £12 and said they've sent this to the DCA. I wrote in to explain the situation and that I wanted the refund paid to me but did not get anywhere.
I then passed it to the Ombudsman and Cap One offered to pay all the charges but again to send the refund to the DCA. I did not accept this and showed the fos that i'd settled the account at the DCA in full. This did not matter to them and I got the unusual (and very biased) decision that since I had not paid the bank (even though i'd paid the DCA it sold the account to) I was not entitled to the refund and if the DCA cannot have it then Cap One can keep it towards the write off they made when they sold the account. The decision got reviewed and even went to the Independent Assessor but it stood as it was set in stone. The whole process at the FOS took nearly a few years.
So forward to the present. I've wrote to Cap One and asked for a refund and they cited the Limitation Act since my charges were from the whole of 2002. However, I am out of the 6 years because of the bank and FOS and the unfair decision i've had on this claim.
I wrote back quoting s.32 of the Limitation Act (the bank misrepresented facts to me) and the bank has responded with the OFT report and how £12 is fair blah blah since 2006. This is irrelevant to me since I am claiming from 2002 but that's the last reply i've had from them.
So where can I take this? It's clearly unfair for the bank (and FOS) to want to pay the refund towards an account that has been settled in full and I feel i am fully entitled to receive a cheque from Cap One.
Not fully digested all that yet.. but I would be inclined to try & pick up your letters with where you tried to reclaim the whole charge (not the difference between their £20 and £12).
If the charges are all from 2002 then they will have all been £20. Can you confirm to me how much you were originally claimin, lookin at figures above my guess would be £640 (because they refunded £384 excluding interest) which equates to 32 charges of £20. 32 x 20 = £640.
So I am intrigued how you got to £1264. Were you claiming contractual or 8% interest or something.
The claim is £422 excluding interest and with stat it's £853 and with contractual it's now £2180 (today's date). The £1264 was with contractual from 2 years ago before and at the fos and around £675 with stat.
It's £18 x 19 plus £20 x 4 = £422 with 2 charges a month as 'late payment fee' and 'overlimit fee'.
The charges were £18 from Jan - Oct 2002 and £20 in Oct - Dec 2002.
Since i've cleared the account with the DCA, i don't see how and why cap one can get away with sending my refund to them (the fos then wanted me to claim the overpayment from the DCA) or keeping it themselves. All the charges have been paid in 2007 before my claim!
again cap one offer to refund PPI but pay towards the 'outstanding balance' but there is NO outstanding balance. They can't seem to understand this.
Wasted the whole morning trying to contact the UK Customer Services as calls go to India on every number. Finally asked to speak to a manager there. He refused to discuss the account because i couldn't answer a 'security' question after answering everything correct except 'what was the balance on your last statement' which i have no idea since the account was sold to a DCA 5 years ago and i don't have all statements.
I was told that YUK CS only write letters and do not talk to the customers they are proving the 'customer service' to. This is the first time i've heard a bank does not talk to customers about complaints!
tifo vs capital one
. This makes it £134 offer out of £456 charges and £1264 requested.
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Originally Posted by dx100uk
