Ruralgirl v Capital One "WON"

[ruralgirl]

Up until today I have posted in the DCA forum as I believed my fight was against NCO. The story up to 18th September:

 

Things have moved on somewhat now and I really need some help and advice and aplogise in advance for the long post.

 

I received the nastygram saying they were passing my account to S.C. Leatham-Locke LLB if I don't reply in 72 hours (dated 6 September, received by me on the 10th). I replied the same day with Curlyben's great letter informing them the account was in dispute. Now today I've got the red Leatham-Locke letter (dated 13 September) informing me my account is being passed to their outside field agency.

 

I sent NCO a CCA request on 22nd August which they passed on to Capital One. All I received (from Capital One, not NCO) was a poor copy of the bit I signed on the bottom of my application form, a copy of their current terms and conditions and blank templates of the default notice and statement of default which Capital One say are identical to the ones sent to me without the details. They say in their letter what the default sum was and also the current balance of the account.

 

Have they sent enough to have complied with the CCA? I don't think so but it seems Capital One believe they have (or surely they would have called off their NCO heavies). What do I need to do now. I also never received a Notice of Assignment when I got the CCA from Capital One yet it is NCO who are hassling me. Should I ask for one?

 

I also asked Capital One (last week) for a refund of PPI + interest because I never signed up for it. I have received a sod off reply with the following reason:

 

"I've checked your account and our records show that you asked for PPI when you applied for your card on the internet on 23 October 2001. We sent you documents detailing the policy which also confirmed you had 30 days to cancel if you weren't happy. Because we didn't hear from you blah blah .."

 

I sent a S.A.R. to Capital One and all they sent was a printout of my statement information and some screenshots of account activity. I understood a S.A.R. had to include ALL the information they had on me which surely should have included where it says on their records I asked for PPI and a copy of the policy document they are supposed to have sent. I certainly didn't receive it and Capital One's response to that part of my letter is:

 

"You've mentioned you didn't receive the policy. However these are sent automatically and we've no reason to doubt they weren't sent".

I sent Leatham-Locke (NCO) a lovely letter (courtesy of Curlyben) - the one that talks about the pre-action protocols of the Civil Procedure Rules and I did get a reply from Spencer Locke saying he had passed my letter to Dina Patel and she would reply in 7-10 days.

 

However, today I got a letter from Crap One in reply to that so I am now assuming that NCO have passed this back to Crap One. It's hardly answering the letter I sent to Leatham-Locke but it looks like it will have to do.

 

Dear Ruralgirl,

 

Thank you for contacting recently requesting information about your account.

 

Our records show that we have already provided you with the information you've requested. We wrote to you on 31 August including copies of your credit agreement and details of your default. We also completed a subject access request in August which included copies of all your statements.

 

You've requested a copy of our fair use of Data under the data Protection Act. It's unclear what you refer to but we do adhere to this act. For example, customers are asked various security questions before an account can be discussed over the phone. We also require any letters to be signed before we can carry out any instructions received by letter. I'd like to assure you that we take security of each account very seriously.

 

As you're aware, your account defaulted in January 2005 and was then passed to a debt collection agency (NCO) to recover the balance on our behalf which was on 26 January 2005. We've also shared your information with credit reference agencies as we're obliged to report each month how your account has been run. The agencies we use are: Experian, Equifax and CallCredit.

 

You've also requested a copy of our complaints procedure so I've included a leaflet which explains this. I hope you find this useful.

 

Yours sincerely,

 

Karl W Johnson

Executive Office

 

I'm now confused where to start with Crap One. I did send a prelim for my charges last week and am still awaiting a reply.

 

Please can someone who can think logically help me with this.

 

Thanks.

[ruralgirl]

A quick question. Should I write to the guy at Crapital One and ask why he has replied to a letter I never sent him or wait to see which one (NCO or Crap One) contacts me next?

[ruralgirl]

An update and a stupid question.

 

Received an offer after my prelim letter to Capital One. Just the difference between the £20 and £12 (plus £20 interest). Going to reject it and send a LBA.

 

Question - my account defaulted in 2005 and no charges/interest have been applied since then. Do I calculate CCI to when the interest stopped or up until now?

[dpick]

An update and a stupid question.

 

Received an offer after my prelim letter to Capital One. Just the difference between the £20 and £12 (plus £20 interest). Going to reject it and send a LBA.

 

Question - my account defaulted in 2005 and no charges/interest have been applied since then. Do I calculate CCI to when the interest stopped or up until now?

 

Hi I have had similar from Crap1 they stopped interest in 2006 I calculated CCI to 2006 they did same as you offered difference £20 to £12 I refused filed at court they paid out in full after filing defence(approx 3 weeks after I filed at court). Like you for my CCA I only got copy of my original application form, I am now considering issuing for section 85 default and reclaim interest applied since replacement card in Feb 2004.

 

all the best dpick:)

[Curlyben]

I'll wade in as well.

I calculated the CCI to the current date.

Cap1 are quite easy to deal with but you WILL have to file court action especially if you are going for CCI.

Once filed they normally pay out within 4 weeks, 3 in my case.

They gave me ALL charges, ALL interest paid on the account, 8% stat and court fee.

So quite a result really.

 

Have a look at my thread here: http://www.consumeractiongroup.co.uk/forum/capital-one/83965-cb-capone-ci-advice.html

[ukaviator]

I calculated the CCI until the date they decided to settle. I still had an open account with a couple of grand as a limit, with about £150 owing. The %APR was'nt as high as some i have seen, but they paid it in the end.

[WendyB]

I calculated debited interest on all charges to the current date, but it was only at 14.0% apr, got it plus 8% s.69 plus court fee.

[ruralgirl]

I've received the full & final letter from Capital One (in reply to my LBA) so I'm ready to file my N1 next week. I claimed CCI at 29.9% APR.

 

I have a few questions about the POC (the new one posted at CAG) and I hope someone can help me. I've put the bits from the POC I'm having problems with and asked my questions in bold below.

 

17. The Defendant wrongly applied Charges to the Account totaling some £[xxxx] between [ xx/xx/xxxx] and [xx/xx/xxxx ]. Particulars appear from Schedule 2.

 

Is this just the charges or charges + CCI?

19. The Defendant has not repaid them or any of them.

And the Claimant claims:

 

(1) A declaration that the sums totaling £[ xxxx.xx] have wrongly been applied to the Account

Is this just the total of charges or charges + CCI?

(2) Payment of the said sum of £[xxxx.xx ] and interest of [£xx.xx] applied by the Defendant thereon.

 

Is this just charges and then the CCI as the interest bit?

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of £[xxx.xx ], and at the daily rate of [ xx ] until judgment or sooner payment. (4) Court costs of [ xxxx].

 

Do I put "In the alternative to 19(2) and then put in the numbers from a new spreadsheet calculating 8% pa simple interest?

Thanks for any help on this, I'm confused and would like to get it right.

[ruralgirl]

Bump. Please can anyone 'in the know' help me with this?

 

Thanks.

[ruralgirl]

Just an update. Filed N1 at my local court today, now the wait.

[ukaviator]

Well done. .. nearly there. .

[ruralgirl]

Not quite, I'm afraid.

 

Didn't have to pay court fees and I submitted all the required evidence (or so I thought) with the form. The court sent the whole lot back (including the N1) a week later and said they needed up to date bank statements. I have had to order (and pay) for them and they only arrived yesterday. Handed the N1 in again today and the court clerk checked through the fees exemption stuff and said it was fine but it would have to be checked by her line manager so fingers crossed, N1 will be served early next week.

 

I have had a letter from Capital One today confirming my account has been passed back to them by NCO and that I should now pay them. The letter includes my account balance (so they have not paid any of the goodwill gesture Ellie Renshaw offered me in her full and final).

 

My first response was to laugh and file under 'ignore' but what a cheek, they have already offered me an amount and they know the account is in dispute (reason NCO passed it back) but they have the gall to ask me for the full balance.

[baslow138]

Why did you not have to pay court fees?

Has anyone else been asked for up to date statements to be added as part of their court claim?

 

Baslow

[ruralgirl]

Why did you not have to pay court fees?

Has anyone else been asked for up to date statements to be added as part of their court claim?

 

Baslow

Sorry, I didn't make myself very clear. I am exempt from paying the court fee because my husband is disabled and his Incapacity Benefit, DLA and my Carers allowance do not add up to the £16,000 threshold for the fee exemption. If you get JSA or Income Support all you have to provide with the exemption form is up to date letters from the benefits people (which I got from the IB, DLA and Carers people) but because our benefits are not means tested in the same way as Income Support or JSA, I had to provide up to date statements for myself and my husband for the bank accounts our benefits are paid into (Halifax).

 

All this messing about and getting statements had to do with me not paying the £85 court fee, nothing to do with the N1 claim itself.

 

If I'd have known how much hassle it was going to be I'd have paid the £85 and claimed it back from Capital One.

[baslow138]

Aah I see, I was worried I had to got through a data request again.Good luck with your case.I'll be looking out for a win from you soon Im sure!

Baslow

[ruralgirl]

Thanks, I hope so too. I suppose a plus side is that it will be getting very close to Christmas when they have to file their defence, let's hope the Crap One Christmas parties make them a bit forgetful.

[ukaviator]

How much did you pay for your statements?

[ruralgirl]

How much did you pay for your statements?

Sore point, £5 for mine for 3 weeks worth but it did arrive up to date. £5 too for hubby's (ordered 17th November) and it arrived yesterday but only included items up to 8th November.

 

As I first handed in the N1 on 8th November I'm hoping his is going to be okay for the court exemption fee but won't know for certain until I get the letter to say the N1 has been served.

 

I am furious with the Halifax's treatment of my hubby and I think a strongly worded letter is going their way.

[ruralgirl]

Brief update.

 

Couldn't make this up if I tried.

 

Got 2 letters from the court today. The first I opened was to tell me the N1 had been served and that Capital One had until 20th December to respond. Opened the 2nd letter, the court had sent the N1 claim to ME!

 

To be fair, it had been sent in a large window envelope and if I shook the contents to the top, it showed Capital One's address but gravity being what it is, my address was showing in the window.

 

I rang the court (several times as the department was at lunch/out, whatever) and finally got to speak with someone. I was told that I had received a photocopy of the N1 and it was for my records. After explaining that it was the original N1 and it included the pack to acknowledge service, defend the claim, etc. they eventually said that it should have gone to the defendant and asked me to send it back to them.

 

Oh my, this has been backwards and forwards since 8th November. I asked if I could re-address it and send it to Capital One myself and they said that would be okay if I was happy with that.

 

I have posted it this afternoon to Capital One, 1st class post and got a receipt. Hopefully, it will be with them tomorrow but I suppose I need to give them an extra day - 21st December. That's a Saturday. Do I have to allow for the weekend and that they will have until Christmas Eve to acknowledge service?

[WendyB]

Don't worry, they'll acknowledge service pretty quickly if they follow their usual form. It was within about 2 days, but its up to about a week now. Closely followed by their offer letter. My OH's was deemed served on 15th Nov, acknowledged about a week later, offer letter received 29th November. So you haven't got long to wait now.

[ruralgirl]

Could someone please change my thread title to WON!!!

 

2 letters today, one from the court saying Crap One have filed a defence (pretty much what they've said in their letter) and another from Crap One refusing CCI and the reasons for it. I never asked for default removal as I don't want any more credit, ever.

 

As a goodwill gesture they have offered ALL charges, ALL purchase interest and 8% SI

 

This has cleared my balance and they are sending me a cheque for the rest. I'll inform the court once I receive the cheque, I seriously don't think it will bounce.

 

Who'd have thought that one telephone monkey at NCO pushing me for an extra fiver would have resulted in this. If he'd have kept his trap shut, I'd have carried on paying and would never have found CAG.

 

I want to thank everyone who has helped me with this and as soon as Crap One's cheque is received and clears a donation to this fantastic site will be on it's way.

 

Wishing everyone a merry Christmas.

[dpick]

Hi Ruralgirl I onder how many people on CAG and other forums have found the forums and won a charges claim after getting so naffed off at someone ringing them and following a script to get them to pay more. Well done on your win same result as mine with cap1

 

all the best dpick:)

[sillygirl1]

This 'one rogue collection person' theme is very common, look at several threads in the debt collection agency section.

 

NCO, Moorcroft, Westcot, HFO and others are now getting a taste of their own medicine and are not liking it.

[sillygirl1]

Sorry, meant to add CONGRATULATIONS :grin::grin::grin:

[ruralgirl]

Thank you so much. I had the series of calling cards, phone calls and threat-o-grams from NCO and paid them £30 a month for over 2 years. I posted about my woes with them in the DCA section and it went from there.

 

They lied to me (telling me I was in arrears when I wasn't) and the little muppet I finally got to talk to on the phone pushed me for an extra fiver a month. Enough was enough and I found CAG. The rest is history.

 

NCO were just collecting for Capital One (they hadn't bought the debt) so I suppose they got a commission on my payments but because of one greedy little sod who thought an extra fiver would boost his pay packet, NCO got nothing else and Capital One have had to pay me more than I paid them. That is what I call a result.

 

I hope the CC companies will soon realise that employing bullying DCAs will in the end cost them.

 

Should I send Miss Ellie a Christmas card?