Capital One, daughter's account

[miamidancer]

Hi,

 

Would be grateful for any advice regarding my daughter's Capital One CC.

 

She got the card in July 02, got into financial difficulties and charges/inflated interest were added to the account. Cap One defaulted the account in 2008 and then sold the debt to Capquest in Nov 08, the balance was £1907.90. She made payments to Capquest of:

 

3/2/09 207.90

27/2/09 200.00

30/3/09 200.00

 

leaving a balance of £1300

 

Capquest offered a discount and she paid £975 in settlement. She has letters confirming the account is closed and the balance £0.00.

 

It is reg in Capquest's name on her credit file as settled but they did say "Please be advised that this account was partially settled, therefore the default will not be removed from your credit report but will show a special flag symbolising that this account has been partial settled and closed".

 

She wants to reclaim the penalty charges and PPI, so she sent and SAR to Cap One. When she received the information, the CCA is marked that she did not want PPI on the account but they have added it, no problem on mis selling on that point. She has found though that Cap One still have the up to date balance as £1907.90.

 

If she makes a claim on the penalty charges/PPI, can Cap One try to offset against the balance they say is on the account?

[havinastella]

Hi,

 

Would be grateful for any advice regarding my daughter's Capital One CC.

 

She got the card in July 02, got into financial difficulties and charges/inflated interest were added to the account. Cap One defaulted the account in 2008 and then sold the debt to Capquest in Nov 08, the balance was £1907.90. She made payments to Capquest of:

 

3/2/09 207.90

27/2/09 200.00

30/3/09 200.00

 

leaving a balance of £1300

 

Capquest offered a discount and she paid £975 in settlement. She has letters confirming the account is closed and the balance £0.00.

 

It is reg in Capquest's name on her credit file as settled but they did say "Please be advised that this account was partially settled, therefore the default will not be removed from your credit report but will show a special flag symbolising that this account has been partial settled and closed".

 

She wants to reclaim the penalty charges and PPI, so she sent and SAR to Cap One. When she received the information, the CCA is marked that she did not want PPI on the account but they have added it, no problem on mis selling on that point. She has found though that Cap One still have the up to date balance as £1907.90.

 

If she makes a claim on the penalty charges/PPI, can Cap One try to offset against the balance they say is on the account?

 

The simple answer is yes they will.

 

This brings me back to one of my old arguments. IF they have SOLD the account, why are they still showing your Daughter owes £xxxx?

 

I really really need to reopen my court case with these people.

[miamidancer]

Hi havinastella,

 

Thank you for posting.

 

I take it you have experienced these problems before with Cap One.

 

It is disgusting the way these companies treat people.

 

My daughter has proof of the payments made to Capquest and letters from them.

 

Should she write and ask for this balance to be removed or should she report them to FOS or anyone else?

[miamidancer]

Effectively my daughter only got a discount of £325, she has paid a whole lot more than this in penalty charges and inflated interest.

[miamidancer]

Hi,

 

Can anyone give any advice as how to progress with this matter or should my daughter send the penalty charges/ppi claims to Cap One and see what happens?

[citizenB]

The PPI and Penalty charges should be reclaimed from Capone. If the debt was sold on then in theory they should not be permitted to offset against any discounts given.

 

If you dont have your daughter's statements, then you should make a Subject Access Request to Capone - they are obliged to comply within 40 calendar days, it will cost you £10.00 but you are entitled to all the data they have in respect of your daughter's financial relationship with them.

 

There is a draft letter in the CAG library, linked in green top left hand side of each screen

[miamidancer]

Hi citizenB,

 

My daughter has already SAR'd Cap One, that's how she found out the balance they had on the computer printout list.

 

There is a lot of information they have not provided i.e statements, no correspondence or Notice of Assignment to Capquest, no interest rates etc.

 

She is going to request this information as she has needs the statements to claim penalty charges and PPI.

 

Should she mention the balance that they have and request it be removed as the debt was sold and has now been settled ?

[citizenB]

If there was at any time arrears, then the default will show for 6 years after that it will drop off the account.

 

However, if the arrears were caused by the mis sold PPI or unlawful charges then you might be able to make a case for them to remove it sooner. It will be hard work though !!

[ims21]

I don't know how to delete attachments 1 and 5 as I have not blocked the name on these pages ???

 

I've unapproved the attachments. All you need to do is edit the documents and re-post them.

[citizenB]

Your documents have been blocked so you should be able to edit your documents and repost. When you have done this, let us know and they can be unblocked. Oops.. sorry I was posting same time as ims21

[miamidancer]

Hi, this is the latest update on this thread and I would appreciate further advice please as to where to go from here.

 

As advised on CAG I helped my daughter with the spreadsheets and fos questionnaire for her PPI claim. She sent this off on 26th April 13 and was expecting a reply no later than 23rd June 13. Unfortunately she never got a response. She then sent by special delivery, an updated spreadsheet, questionnaire and included a separate letter to reclaim late fees and charges on 5th July 13. Low and behold what fell through the door on 6th July 13, a response with an offer from Capital One. The offer was nowhere near what my daughter expected and they are trying to offset a debt that was paid in May 09. I attach copies of the letter.

 

I have been ill and this was the first time I was able to do this post. Many thanks.

 

 

[ATTACH=CONFIG]45177[/ATTACH]

Edited July 14, 2013 by citizenB
formatting

[miamidancer]

At last Ive managed to sort it, many thanks ims21 and citizenB

[dx100uk]

meerged to one pdf for you

 

did you ever do a spreadsheet?

 

and what about the PENALTY charges reclaim?

 

dx

[miamidancer]

Thank you dx100uk.

 

Yes sent an updated spreadsheet and a claim for the penalty charges on the 4th July, then my daughter got the response from the origina PPIl claim on the 5th July.

[miamidancer]

Here is a copy of the spread sheet that was sent on 4th July 13.

 

 

[ATTACH]45179[/ATTACH]

Edited July 13, 2013 by citizenB

[citizenB]

Ok, both sets of documents have had the personal stuff removed and reposted.

[miamidancer]

Thank you citizenB, got myself in a right state messing this up.

 

As stated in Post 11, I would appreciate any advice on where to go from here, the offer seems very low compared to the workings out of the spreadsheet,

 

Can they threaten to buy back the debt just so they can use setoff

How can they setoff on an a debt that has been paid and is stated as such on my daughter's credit reference

Does she have to respond to this offer within the two week period they say, considering she had to resend the claim because they did not respond within the 8 week timescale.

 

Many thanks

[dx100uk]

spreadsheet shows account number un-ap'd

 

dx

[dx100uk]

you cant claim until today

 

you can only reclaim till the account stopped charging int [usually sale date]

 

dx

[dx100uk]

using nov 08

 

roughly £480 redress

 

dx

[citizenB]

Yes, sadly they can purchase back the account in order to offset.

 

Unless you can make a case for having other more pressing debts, such as unpaid council tax, mortgage/rent arrears.

 

Hold on.. you have said in your first post that this debt was cleared with CapQuest. On what do they want to offset - you must tell them that there is no outstanding debt and you want your cheque.

[citizenB]

Do you have some proof that the account was paid in 2009 ?

[miamidancer]

I am confused now ??

 

I understood from CAG that you claimed interest on PPI claims until the present day, not when the interest on the card was stopped being charged or the debt was sold. A comparison is that I helped my son in law with a PPI claim on a loan that was paid off 5yrs ago against HSBC and they upheld his claim and paid interest until the day they paid out.

 

Is it the case my daughter should submit a new claim to Capital One, claiming only until the debt was sold in Nov 08 ?

 

Her account with Capquest was paid and settled in May 09, she has a letter from Capquest confirming this and it is stated as settled on her credit reference.

[dx100uk]

loans Ppi payments already incs int they charged so you get 8% stat int to the date of your claim settlement

credit cards are COMPOUNDED INT at THEIR RATE whist they charged it. [end of Compounded claim]

 

from that date till today

you get 8% stat int on compounded sum

 

as for cRA file

does it say settled or Partial settlement

 

dx

 

dx

 

 

 

 

C

[miamidancer]

Hi,

 

Its marked as satisfied 3/6/09 and the balance is NIL