Cap One PPI - What to do next?

[G&J]

Hi all...

 

This is relating to one of 'my' current problems. The short history details follow:

 

Credit Card with Captial One for many years. Balance - £1986.28

 

I'm self employed and things slowed down a couple of years ago.

 

In 2010 I sent all the requested info to them and they agreed to me making monthly payments of £5.00 which ran for some time. No defaults as far as I remember.

 

Later, out of the blue I received a letter from 'CapQuest' who made all the usual threats Etc.

 

After contacting them they informed me that they had taken over the debt.

So I pleaded my case again.

Eventually they agreed in writing that I continue to make £5.00 monthly instalments. Letter dated 18th Feb. 2011.

 

It mentioned that it would be under review at their descretion Etc.

 

That's the short history....

 

So on 6th June 2012 I receive a letter saying that they regret I have chosen not to deal with this matter despite previous communication.....

 

So to assist me in clearing my indebttedness they would like to offer a reduction in final payment and would I call them to arrange this final payment.

Then the usual legal threats of Baliffs Etc.. Etc...

 

Upset by all of this I did some research, some of the info was gleaned from here and I wrote them a reply and sent the PO £1.00.

 

Copy of my letter follows: (Sorry it's long)

 

Michael Daniels,

Capquest Group Ltd.,

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

 

 

**My Address*

 

13/6/2012

Dear Sirs,

OUR Ref: [EDIT]

 

With regard to your recent letter sent to me dated [EDIT] regarding my account[EDIT]

I do not acknowledge nor accept that I have defaulted on any payments to your company as set out and agreed in your letter dated [EDIT].

I also dispute the statement set out in the first line of this recent letter from you.

In response:

For your information, all communications regarding this matter must be in writing for Court use.

Personal callers will neither be admitted nor spoken to.

Telephone calls will not be answered or acknowledged.

If your telephone calls continue, then legal action may be taken and/or a complaint will be made to the Office of Fair Trading

under section 40 of The Administration of Justice Act 1970.

I will continue with the agreement as set out in your letter[EDIT] but as a result of the above

I am formally giving you notice that I now request a full copy of the original credit agreement AND

a copy of the FULL statement of accounts on a/c: [EDIT]

 

You are required to supply the following:

1. You must supply me with a copy of the agreement you refer to. This is my right under your obligation to supply a copy of the agreement which is s.78 (1) CCA 1974 (s.77 (1) for fixed sum credit) - your obligation extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

2. You are also obliged to supply a copy of the deed of assignment of the above referenced agreement.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

4. This information should be supplied to me within 12 working days of the date of this letter

I understand that under the Consumer Credit Act creditors/agents are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under this section of the Act. I also request a full statement of account detailing this account and showing how the sum alleged to be owed has accrued to date.

Failure to comply with my request will result in a report being submitted to the relevant statutory authority.

I await your response in writing.

 

Yours faithfully,

 

 

G **********

 

 

PS:

Please do not make futile attempts to gain my signature by returning this letter as the above personal mark is legal.

I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S77/78request.

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why would it have taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78was made on 13/06/2012and the 12 working days for your compliance expire on 29/06/2012.

 

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

------------------------------------------------------------------------------

 

On 14th June I received a very short note from CapQuest simply saying

"Than you for your recent correspondance. We can confirm that a copy agreement and statements have been requested from our client and these will be sent to you wnen receved."

 

On 15th June, another letter from CapQuest saying that due to my contact

and request for further information the above account is now on hold for 28 days whilst we obtain the information required.

 

And thats about it......

 

So, what do I do next? One thing I did notice on my old statements from CapitalOne was that I had been paying PPI.

 

After ALL the cr*p CapitalOne & CapQuest have put me through (a lot not mentioned here)

I really would like to claim anything I can from them. They are like maffia.

 

Any advice would be appreciated and I apologise for the length of this post (just thought all the info in one make it easier)

 

G&J

Edited July 4, 2012 by ims21
Reference Nos and possible identifiers removed

[citizenB]

Well now, if you believe the PPI was mis sold - you should send a Subject Access Request to Capone in order to obtain all your statements and then start the ball rolling in order to reclaim the premiums + I think being self employed is a good reason for the PPI being valueless.

 

You are not entitled to see the Deed of Assignment, however you should have received a Notice of Assignment.

 

I find it rather strange that they have implied they are the owner of the account, yet refer to "their client"!!

[PGH7447]

aftre 12+2 days sent the account in dispute letter and either continue the £5 payment or stop it, personally I would stop paying them if they cant produce an agreement

[dx100uk]

if they are offering a discount

that means something is wrong.

 

i suspect that its the PPI.

 

how old is this card

and

do you have all the statements?

 

dx

[G&J]

Hi CitizenB

I can't remember if I was self employed when I first ever got the card. More than likely was but in different arena. One thing I do know is that I was never asked to comply (no doubt it was in the small print) is it still worth looking into? and how?

 

On another note my parntner and I have a mortgage with Lloyds (Cheltnam & Glos.) which has a PPI attached. I'm still self employed but she is employed, is that on the cards also?

[G&J]

dx100uk

The cardmust be some 10yrs or so old. I did have every statement until 'she' moved in and cleared stuff out

 

I have asked them for a copy of them though... in that letter??

[lilly white]

may i asked do capquest own the debt or are they acting on behalf

[dx100uk]

if its 10yrs old

 

then the ppi reclaim will wipe the debt out

 

thats why they have offered a discount

 

 

 

they want to get 'something'

 

out of you before you realise

they prob owe you!!!

 

get that sar off!

 

as for the mortgage

 

yes go get'em!!

 

dx

[lilly white]

Assigning A Debt Or Benefit Of Contract?

 

It is important to first provide the debtor with a notice of the assignment!

 

Other points and issues that should be borne in mind:

 

· In principle, the benefit of a contract can be legally assigned without consent,

provided there is no express prohibition on assignment or, for example, a requirement that consent

is obtained.

 

· Where there is no restriction on assignment, the usual way of assigning the benefit of

contractual rights is by statutory assignment. The assignment must be in writing, signed by the

assignor, absolute (not purporting to be by way of charge only) and notice in writing must be

given to the other contracting party (section 136, Law of Property Act 1925).

· If a contract is not effectively assigned under statute, it may still be assigned under

common law by an equitable assignment. An equitable assignment may exist where the requirements

for a statutory assignment are not satisfied. The main practical consequence of an equitable

assignment is that the assignee cannot bring an action in its own name against the third party,

but must fall back on the rules governing equitable assignments and join the assignor as a party

to the action.

It is, in any event, desirable for notice of an assignment to be given to the third party because

the third party will otherwise be entitled to continue to make payments to the assignor. Notice

will give the assignee priority over any other assignee that has failed to give notice, provided

there is no knowledge of such prior assignment.

[G&J]

if its 10yrs old

 

then the ppi reclaim will wipe the debt out

 

thats why they have offered a discount

 

 

 

they want to get 'something'

 

out of you before you realise

they prob owe you!!!

 

get that sar off!

 

as for the mortgage

 

yes go get'em!!

 

dx

 

Great news... Ok, I presume there is an area on the board that covers all the nesseceries? Not ventured too far on here as yet

[G&J]

Assigning A Debt Or Benefit Of Contract?

 

It is important to first provide the debtor with a notice of the assignment!

 

Other points and issues that should be borne in mind:

 

· In principle, the benefit of a contract can be legally assigned without consent,

provided there is no express prohibition on assignment or, for example, a requirement that consent

is obtained.

 

· Where there is no restriction on assignment, the usual way of assigning the benefit of

contractual rights is by statutory assignment. The assignment must be in writing, signed by the

assignor, absolute (not purporting to be by way of charge only) and notice in writing must be

given to the other contracting party (section 136, Law of Property Act 1925).

· If a contract is not effectively assigned under statute, it may still be assigned under

common law by an equitable assignment. An equitable assignment may exist where the requirements

for a statutory assignment are not satisfied. The main practical consequence of an equitable

assignment is that the assignee cannot bring an action in its own name against the third party,

but must fall back on the rules governing equitable assignments and join the assignor as a party

to the action.

It is, in any event, desirable for notice of an assignment to be given to the third party because

the third party will otherwise be entitled to continue to make payments to the assignor. Notice

will give the assignee priority over any other assignee that has failed to give notice, provided

there is no knowledge of such prior assignment.

 

Wow lilly white....

Ok to answere your question on who owns it:

I asked many times in the days of phoning only to be told they do (CapQuest)

 

After much reading here, I note I have NEVER been sent a letter from CapitalOne stating any transfer and as CapQuest state in their reply to me "have been requested from our client" I presume that CapitalOne is still the owner??? Phew! who knows?

 

Payments have & are being made directly to CapQuest on a monthly to date.

 

Now onto the above (your last post)

 

Erm...?????????????????????? All I know is that I have not been told anything... just the bully boy letters. Prior it was phone calls at all times of the day but I put a stop to that (eventually)

 

Thanks for the kine help

[dx100uk]

think i'd check my ca file then

 

see below

 

dx

[G&J]

dx

Check ca file?

Sorry for being thick

[dx100uk]

opps missed an R

 

check your CRA file

noddle is free

 

see below

 

dx

[G&J]

dx

Maybe it's late in my day

I hear what your saying and see where to go, but, don't see your reason for the suggestion.... I think I have missed a link in the reasoning or in relation to my post.

 

I bow to your great knowledge (really do) but you lost me (sorry)

 

G&J

[dx100uk]

now now....

 

your cra file will tell you who owns your debts

 

and what they really are.

 

dx

[G&J]

Arrrgh.... Gotcha'

 

Thanks for that!!

 

G&J

[G&J]

I have now checked my cra file and sure enough it only mentions CapitalOne. The balance differs by £115 from CapQuest's letter (latter being lower)

 

As I still have had no reply from either regarding my letter, should I just ignore the fact and crack on with the PPI claim to CapitalOne or should I report them to 'whom ever' for not complying?

 

Just off to get genned up on the PPI claiming.

[lilly white]

well, now you are talking.......................get on with it....keep us updated.

[dx100uk]

yep

 

you're learning!!

 

 

dx

[G&J]

Hi again,

Ok, so it's been a bit of a wait but finally got a reply from CapitalOne.

 

Plenty of legal waffle but states they enclose a reconstituted copy of the original agreement and a scanned copy of the original signature page (taken out on 4 May 2000) It states that a statement of default was issued on 18th June 2010.

 

It also warns that if I am thinking of using a claims management company they point me to the warning issued by the Ministry of Justice... Etc.

 

So, it now proves they still own my debt and state I must keep paying (which I intend to) BUT the best part for me (I hope) is when checking the scanned signature page, I note how they listed the options for:

 

Make use of priority service Y N

Want an immediate cash advace Y N

Enrole me in CapOne Payment Protection scheme Y N

 

With two box's for each I ONLY ticked the first for (YES) in the "priority service" (NO OTHERS WERE TICKED)

 

So, now with 10 years of them charging me PPI when I did not tick the YES box but nore the NO is this a green light to claim on that basis alone???

 

Could I also claim for any unfair charges?

 

Thanks again for your help

[G&J]

Just got my reply from Capital One with a load of jargon and warnings of using any claims management company to get debts written off! LOL, they must be worried.

 

The sent a copy of the signed agreement made in 2000. On this form they have check box's for Yes & No for three items one of which is their PPI scheme.

 

I DID NOT tick the PPI box in either Yes or No. The only box I ticked was f in the 'Yes' for the priority sevice. (no other box's ticked)

 

Would this then constitute a green light for my PPI claim?

 

Could I claim for any charges/fees?

 

Thanks

 

G

[G&J]

Ups... Sorry for second post... did not see it go through.

[dx100uk]

oh what a nice bit of info

 

time for a ppi reclaim

 

charges too, though you will only get 6yrs worth

 

dx

[Old Cogger]

scan a copy up, minus personal details, cap i get a CCA1974 right??? miracles do happen??? 2000?

 

They do try to argue PPI