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    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report?   The three I have with the May date are moot anyway as either way they are gone - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August so I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they.   I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc?   I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's.   Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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The Great Interest Rate Escalator Trick - Capital One now joining in?


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I have a thread over on the MBNA/Virgin Money area discussing what I believe to be a highly unscrupulous practice by Card lenders to punish their more vulnerable customers by using so-called 'account reviews' to selectively increase their rates of interest to some customers by in some cases massive amounts.

 

It seems that Capital One are also now engaged in this questionable practice. I thought I'd share this with you guys and would welcome your thoughts and input.

 

I had a letter this morning saying that 'based on an account review' (I have a high balance, but monitor my credit record and there have been no negative changes to this since I took out this card - nor do I have any current arrears on this or any other account), they are going to increase my interest rate by a WHOPPING 7% APR :eek:

 

Looking at the agreement, it seems that on the surface of things they can probably do this legally, but I am becoming more and more convinced that due to the:

 

• Apparent selectiveness of the process - i.e. the active targetting of the most vulnerable and the punitive nature of the changes

 

• The sheer amounts of increase involved

 

..that there may be some mileage in challenging this. I'm wondering if these rises could be possibly construed as (dare I say it) penalty charges? I would welcome input from any legal eagles/mods etc if possible.

 

I've requested a management callback from CAP One and will keep you updated.

 

Thanks in advance

Mac

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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UPDATE - I was told by the lady at the call-centre that this letter has gone out to 'over two thousand' other Cap One customers today - so some of you may be getting this too. Hopefully we can fight this together. ;)

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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UPDATE

Another callback today. It seems that they may be backing down in my case, but the person calling me used fairly weasly and vague language, so I'll be reserving judgement until the clarification letter I asked for (along with my original CCA) arrives. I'll let you know what transpires.

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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Thank you Mac. I have one of their cards. although not used and no balance outstanding. I am going after them for PPI, i wonder if i will get this letter too. I suspect that all of the cutomers who have had refunds will get these letters.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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ukaviator

 

I'm not sure they would dare do that! However I do believe that they have software that identifies certain borrower profiles (high balance/min payments, perhaps problems in the past or with other lenders).

 

They then use this to either squeeze these people for massive rate hikes or 'encourage' them to clear their balances/cut up their cards.

 

Therefore I believe that they are peverting the part of the agreement that says that they will 'review' accounts 'from time to time', using this for much more sinister purposes altogether. It's an example of the use of language that on one hand looks like responsible lending to legislators, whilst on the other allowing sharp practice to go unpunished. Allegedly. :cough:

 

We'll keep a listening watch on 124.6, eh? ;)

 

Mac

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

UPDATE

 

Got the management callback. They're not backing down. Have asked them for a more detailed letter asking for the specific reason that I was selected for this penalty.

 

I have also requested an original copy of my CCA.

 

Keep you posted ;)

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

Thanks Mac. I look forward to your findings. . .

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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I'm reposting this for clarification as due to the CAG system clock incident yesterday, what should be my latest update is still halfway up the page :lol:

 

UPDATE

 

Another callback today. It seems that they may be backing down in my case, but the person calling me used fairly weasly and vague language, so I'll be reserving judgement until the clarification letter I asked for (along with my original CCA) arrives. I'll let you know what transpires.

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

All

 

Here's the letter for reference. Why not post to let us know if you get one of these, too?

 

Cap_One_01.jpg

 

 

Cap_One_02.jpg

 

Cheers

Mac

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

  • 3 weeks later...

Well if worst comes to worst you can insist on the current rates. I had a large balance on a credit card when I was a student and I always wondered what would happen if the banks did that.

 

On the one hand they have you over a barrel, on the other hand some customers are in a position to pay it off or move it elsewhere. Seven per cent seems a huge rise but I forsee the problem being the scale, if that is there rate for lots and lots of people they could argue there is nothing sinister about the increase.

 

If you want to continue using the card then you have a bit of a problem.

 

Do you have access to other low cost credit?

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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