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Found 10 results

  1. Hi I made a claim against Capital one about the charges in 2014 by sending the first letter then followed by LBA. On 14th April 2014, I received a letter from Capital one refused to refund the charges and they stated in their letter “Financial regulations require me to advise you that this is my final response in relation to this matter. If you fell I have not resolved your complaint to your complete satisfaction, you now have the option to contact the Financial Ombudsman Service with six months from the date of this letter.” I know I should have taken the case to the court sooner after I received the rejection letter for the claim. On February 2017, I decided to make fresh claim and I send LBA, Capital One replied to my LBA by saying “Please refer to our letter dated 14th April 2014, which was our final response on this complaint.” Also the keep saying I had the chance to contact FOS within 6 months from the date of our final response. My question is can I still file a claim through a small claim court? capital#21_02_2017.pdf capital#16_11_2016.pdf capital#14_04_2014.pdf
  2. Hi I hope you are all doing well Can someone please assist me in ensuring I am proceeding correctly to defend the below Claim from Lowell Solicitors. The claim is probably about 10 years old.. possibly more. Its that old that I dont remember when it was taken out so I thought that would mean it was statute barred but I guess not judging by this.. I have logged onto MCOL and ack that I will defend in full. I will also send a 31:14 to lowell to Lowell Solicitors in the next few days. Lowell Portfolio LTD are listed as claimant though so would I also send them a CCA request? Thanks in Advance What is the claim for? 1. The defendant entered into a consumer credit act 1974 regulated agreement with Capital one under account reference 54xxxxxxxxxxxxxx (‘the agreement) 2. The defendant failed to maintain the required payments and a fault notice was served and not complied with. 3. The agreement was later assigned to the claimant on 31/06/2013 and notice given to the defendant. 4. Despite repeated requests for payment, the sum of £1569.25 remains due and outstanding and the claimant claims a) The sum of £1569.25 b) Interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.328, but limited to one year, being £125.54 c) Costs What is the value of the claim?£1694.79 plus £105 court fees and £80 legal representative fee = £1879.79 Has the claimant included section 69 interest(8%)within the total claim or is it shown separate within the Particulars but not added to the debt? Yes, within the total claim Is the claim for a current or credit/loan account or mobile phone account?Credit card When did you enter into the original agreement before or after 2007? 07/2003 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.Debt purchaser has issued the claim- Lowell Solicitors Were you aware the account had been assigned? Not that I recall – Did you receive a Notice of Assignment?Unsure as this was a long time ago Did you receive a Default Notice from the original creditor? Unsure but CRA defaulted in 01/2008 Have you been receiving statutory notices headed “Notice of Default sums”at least once a year? I don’t recall Why did you cease payments: Lost my job - Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? I did in the beginning but couldn’t keep up with the payments
  3. I received an offer from CapitalOne for £6185 This was made up from £3050 in premiums, £2370 in interest and £958 in further 8% interest. Putting all the premiums into a compound interest calculator resulted in compound interest of £13,000 Am I correct to use compound interest in my calculations? The £958 in 8% interest .. where does that come from? What is it 8% of? I was told on the phone that it is 8% of the amount I would have saved if I had not had the PPI. Should I not also be receiving that amount I would have saved (which comes to the amount of compound interest). The PPI was on a credit card which ran from April 2004 to October 2012.
  4. Hello All, I need some advice on how to proceed. I will seek to outline as much as I can below In July 2008 I fell into financial difficulty when I lost an IT contract and struggled to pay all my bills including my credit card bill with Capital One. I thought no big problem here, I have PPI and will claim... Big Mistake. They didn't pay out as PPI wasn't for people in my situation i.e Self-employed. Suffice to say the account went into default in Nov 2008 for £680. I commenced my pursuit to get i.)the default removed ii.) PPI repaid for mis-selling. Capital One ignored me for years even and sold debt to Lowell in Jan 2011. I never acknowledged debt with Lowell instead directed them to CO as an account in dispute. In 2013 CO admitted misselling and refunded PPI payments to the tune of £340 and promised to notify Lowell accordingly. I didn't hear from Lowell until recently when BW Legal contacted me to say they intended to initiate legal proceedings. I have today received a N1CPC claim form from the County Court in Northampton for £384 (Court Fees - £35, Solicitor's cost £50) totalling £469.82. I do not want a CCJ on my file as I'm trying to rebuild my life and I don't believe I BW legal or Lowell are acting within the law. What options are available to me? I feel like this is Blackmail just as the account is about to become statute barred. Many Thanks
  5. Hi I received a claim form from BW legal on the 13.2.14 who where assigned the debt from capital on the 1.10.2009. i filed a defence stating that i disputed this matter and believed that the matter was statue barred when they issued it. The default from capital one came off my cra in january 2013, but i know that i had was in a payment plan with capital one for some months but cannot remember when my last payment to them was. I have not kept old old bank statements or letters in relation to this. BW have now stated that unless they hear from me with an offer to settle the case then they will write to the court requesting that my defence be struck out based on their notice of assingnment letter which was dated the 1.10.2009. However they have not to date provided a copy of the default notice. the matter is listed for a hearing at my local court on 11september because i entered a defence. My question is how to get details of the default notice and more importantly when my last payments where to them to ascertain wether at the date of issue the matter was statue barred or not. having gone through the forum do i need to make a CCA request and details of payments that where made without prejudicing my position ? thanks
  6. I have relocated (settled down) to other country and missed to close by CapitalOne 360 Acct. Can anybody help me on How to close the account? Will it possible to transfer the money to my friends account in US? Eager to hear from experience people. Thanks
  7. Hi everyone, I bought an item from a Play.com seller (Playtrade) around mid-February for about £30 (an office machine). The Playtrade seller said he despatched the item the same day I ordered it but it turned out to be false. I contacted the seller several times by email and no reply. I filed a Missing Item Claim and a Fairplay Guarantee Claim but Play.com didn't reply to the latter. So I filed a chargeback with my credit card company (Capital One) and they refunded me the money. Today I received a letter from Capital One saying that they will give the seller 45 days to resolve the dispute. I called them up, telling them that I already purchased the goods from another retailer and that the seller is in breach of contract. I also asked them what would happen if the seller sends the goods, and they said they will reverse the chargeback. This is unfair. So the seller gets a whopping 75 days to send me the goods AND I end up paying for the goods twice because I bought it from another supplier. I told Capital One this, and they said I need to contact the seller and tell him I no longer want the order. So I sent the seller a message saying I'm cancelling the order, but Play.com give the seller 3 working days to reply. What would happen if the seller sends the item within this 3 working day period? Wouldn't that mean Capital One would reject my chargeback claim? Also I noticed that whenever someone writes the words "breach of contract" in the contact seller text box, Play.com automatically reject it and say "Your message contains inappropriate content". When I removed these words the message was sent! Unbelievable.
  8. This was my Mums Capital One Visa card debt - a/c opened in Oct 2003, credit limit £1,100 - I have only just found a statement dated 27/07/2006 showing £10.11 charged monthly for Payment Protection Insurance, also on the statement are charges listed and paid per item of £20.00 for Late Payment Fee and for Overlimit Fee (on this statement the overlimit amount was £189.58). I don't know what date the account was either passed to or sold to Robinson Way Ltd (ex Capital One) as the first letter I've found from them is dated June 2007 and the last letter from them is dated 26th June 2008 stating the debt balance due on the account was £981.91. The next communication that I have located is dated 21st June 2009 from Horwich Farrelly Solicitors (interestingly their address, telephone number etc is EXACTLY the same as Robinson Way Ltd) almost one year later and stating that Northants Court granted Robinson Way Ltd a CCJ on 7th February 2009 and the debt ordered to pay was for £1,156.16 which is £174.25 OVER the amount listed almost a year earlier? My mother became seriously ill in 2010 and I started opening her post and dealing with all her correspondence. On 5th October 2010 I opened a letter dated 16th September 2010 from Horwich Farrelly Solicitors referring to the judgment and informing if they did not hear from my mother within 7 days of 16/09 they would apply to the court for a charging order however there may be a reduced settlement figure available on the account. On the same day, 5/10/2010 I called Horwich Farrelly Solicitors and explained my mother had been hospitalised since early July 2010 and therefore unable to contact them directly. Obviously due to data protection the employee would not supply any information to me until I sent them my mothers signature authorising them to correspond with me. I asked the employee to put a note on the account about my mothers situation and to state that I had called them and that I would be forwarding an authorisation letter as soon as I could get to the hospital to get my mothers signature. I also asked if a stop could be put on account allowing them time to supply me with the account information and therefore allowing me time to work out a plan (as this was one of three problems I had to deal with and it was third in importance, first was Santander/Eversheds mortgage arrears threatening repossession and second in importance was a second charge fixed loan which was in arrears on my mothers house which she'd already been to court about just before going into hospital and the court had ordered extra payments monthly ontop of the usual payments which my mother obviously hadn't honoured). I followed this telephone conversation with a letter confirming what had been discussed including my mothers signature of authorisation and also requested that they send me the details of the account debt. I never received information about the account debt. Horwich Farrellys next letter dated 18/10/2010 stating the court had advised them that the bailiff wasn't able to execute the warrant that had been recently issued. Another letter dated 15/11/2010 saying to pay the arrears £1,156.16 within 10 days and also details Instalment:- £120.00 or else enforcement action would be taken. Next letter dated 19th November 2010 stating their client Robinson Way (assignees of Capital One) would accept £763.07 in full and final settlement of the account debt £1,156.16 in six monthly instalments of £127.18? I was overwrought trying to stop the court, Santander, First European Securities ordering the house to be sold and negotiating continually with solicitors and litigation departments etc that I didn't have the time to attempt finding any paperwork for this debt. I could not cope and had no money left to offer payments to Horwich Farrelly so I turned to my mothers friend who loaned the money and who also directly called HF and paid the £763.07 settlement offer with her Visa card. Next letter from HF dated 29/11/2010 acknowledging £763.07 payment but stating the account still had an arrears of £393.09 to pay? I confirmed with Mums friend that she had definitely paid it which she confirmed providing the HF employees name who had taken the payment, the number she telephoned and the bank payment authorisation code she'd been given by HF. I had no time to call HF due to hospital appointments, social services, care agency's etc coming to see me and my mother however the next letter from HF dated 2nd December 2010 confirming the account is now settled following the recent payment and their file on the matter has been closed. About a fortnight ago my mother called the court and was told the account is not settled? Then my mother called Cabot (as far as I am aware of Cabot has not had any association with this debt but Mum rang Cabot as they have been hounding Mum for a few years regarding a Capital One Credit Card debt sold to them. She is convinced she only had 1 Capital One credit card and convinced this settled debt is the same as the one Cabot are wanting payment for? )! Cabot told her it is 2 separate account debts and NEITHER debt has been settled? Soooo friends, is it too late to argue charges and PPI and also to argue the debt balance and therefore the CCJ information??? And which letter do I send and who do I send it to? Many thanks to you all and this is just my first question of quite a few to follow.
  9. Hi guys can someone please help me with this..... Just so you know I try to post each of my queries on different debts seperately to avoid confusion. I have an outstanding debt with Capitalone which they have now defaulted. This has been passed to Cougar financial and I have recieved a letter from Power2Contact today on behalf of Capital one telling me if I do not contact them within 72 hours they will contact me at my property. Luckily for the moment they dont know my new address as I have just moved 3 weeks ago but I will be informing Capitalone when I know where I stand with this. Im panicking now incase they try and take my belongings/enter my home etc... .can someone please explain what rights and or legal standing they have please??!!! My intention has always been to repay but it doesnt sound like I have time no to send a letter and for them to respond before this 72 hour deadline. I m not ringing them but want to know what my next steps should be and if I should be worried......
  10. Hiya, I thought Id already posted this but cant find it???. ..maybe I didnt post correctly.. Hubby has a debt with Cap1 and they have now defaulted it. We have recently moved house and havnt updated our records yet but yesterday we sent off an SAR request with a change of address inside along with a photocopy of his passport- hope thats sufficient. Today we get a phoneall off the mother in law saying theres a letter at hers for him. She hasnt opened it but as you can imagine we were shocked when he opened it and it was a debt letter from Cougar about said debt. Its made me feel sick and Id be mortified if she knew what it was because shed go off her rocker and rightly so. Can anyone help me with this as I just dont know what to do to prevent it!!?? I presume they are going through previous addresses?
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