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Arrow Global / Rockwell chasing old Capital One Debt - HELP!


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Hello All,

 

Please may I ask for some advice on the following situation (I will try and keep it short!!):

 

I have an old Capital One credit card account that spiralled out of control when I was last unemployed in 2005/2006. I had PPI on the card, however, due to stress and depression I suffered as a result of my unemployment I failed to make a claim for 6months. Once I got my act together and realised I had PPI I tried to make a claim only to be told I no longer qualified as I needed to make a claim within the first month(?) (cant remember specifics its long ago) of unemployment!!!!

 

Anyway, the long and short of it is, I never bothered making contact with them after that as I felt seriously cheated and I was suffering depression. The letters I recall continued but not as regularly. Finally stopping until recently....

 

Now zoom forward into 2013 - I received a letter on 22nd February dated 6th February from Rockwell requesting full payment of the outstanding amount (£4,894.44). I did some research and decided to send a letter challenging them to produce proof the debt was mine. I sent this letter on 26th February. They confirmed receipt of the letter on 28th February. They sent a reply with the original application as proof on 8th May.

 

They have proved the debt belongs to me, but I have been cheated out of my PPI and do not want to pay for this debt (well at least not pay for the amount the PPI should have covered during my period of unemployment). They are demanding payment within 14 days, what should I do next?

 

A. I believe the debt is Statute Barred, but my credit report shows default in 2008 under Arrow Global not Capital One (did they change this?), I KNOW it was 2006 when Capital One defaulted me.

 

B. Is there anyway I can challenge them on the PPI they charged me and wouldn't let me claim during my unemployment?

 

C. Have Capital One been fined for 'wrong' or 'illegal' terms and conditions/ PPI miss selling on cards/ agreements issued in 2005? (it has been suggested to me I can use this to challenge the legitimacy of the debt they are trying to recover?!).

 

I am happy to pay for the part of this debt (if any is left) after they deducted the PPI I was due back in 2005/2006 whilst unemployed. But not the full amount!

 

Please, please help me!!!!

 

Thank you to all in advance.

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Hi welcome to CAG,

 

I'll try to answer your questions.

 

1. Statute barred = 6 clear years with no payment or unequivocal written acknowledgment of the debt

A default entry should be made within 6 months of the cause of action i.e. the date a payment was due

and not made after which no further payment was ever made.

Debt purchasers like AG have been known to claim that a default ''starts' when they aquire a debt this is

totally wrong.

B. Yes you can reclaim PPI.

C. Pre April 2007 accounts were exempted from the amendments to CCA 1974 brought in on that date.

 

Now my advice is to make a formal complaint to both Capone and Arrow Global to challenge the default date,

usually debts are defaulted prior to being sold so it maybe there has been some mischief.

 

I would be happy to draft the complaint letter for you.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Hello Brigadier2jcs,

 

Thank you for your reply and offer of help!

 

I would be very appreciative of your assistance with drafting a letter for statute barred.

 

With the PPI claim, would I be trying to get them to cough up as they should have done on the policy at the time of my unemployment? Or would I be going just for a PPI refund?

 

Thank you again in advance.

 

I am so happy to have stumbled across the CAG community! :)

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usual rockys/arrow trick I see brig

 

treat the sb and the PPI reclaim as sep issues

 

lets prove itssb first

 

then we'll go for the PPI

 

and that will come to you as its been sold too.

 

have you got all the statements?

 

if not i'd get an sar off to cap1 to get them

 

in prep now

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Yep getting to be regular!

Letter follows later.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hello All,

 

Please may I ask for some advice on the following situation (I will try and keep it short!!):

 

I have an old Capital One credit card account that spiralled out of control when I was last unemployed in 2005/2006. I had PPI on the card, however, due to stress and depression I suffered as a result of my unemployment I failed to make a claim for 6months. Once I got my act together and realised I had PPI I tried to make a claim only to be told I no longer qualified as I needed to make a claim within the first month(?) (cant remember specifics its long ago) of unemployment!!!!

 

Anyway, the long and short of it is, I never bothered making contact with them after that as I felt seriously cheated and I was suffering depression. The letters I recall continued but not as regularly. Finally stopping until recently....

 

Now zoom forward into 2013 - I received a letter on 22nd February dated 6th February from Rockwell requesting full payment of the outstanding amount (£4,894.44). I did some research and decided to send a letter challenging them to produce proof the debt was mine. I sent this letter on 26th February. They confirmed receipt of the letter on 28th February. They sent a reply with the original application as proof on 8th May.

 

They have proved the debt belongs to me, but I have been cheated out of my PPI and do not want to pay for this debt (well at least not pay for the amount the PPI should have covered during my period of unemployment). They are demanding payment within 14 days, what should I do next?

 

A. I believe the debt is Statute Barred, but my credit report shows default in 2008 under Arrow Global not Capital One (did they change this?), I KNOW it was 2006 when Capital One defaulted me.

 

B. Is there anyway I can challenge them on the PPI they charged me and wouldn't let me claim during my unemployment?

 

C. Have Capital One been fined for 'wrong' or 'illegal' terms and conditions/ PPI miss selling on cards/ agreements issued in 2005? (it has been suggested to me I can use this to challenge the legitimacy of the debt they are trying to recover?!).

 

I am happy to pay for the part of this debt (if any is left) after they deducted the PPI I was due back in 2005/2006 whilst unemployed. But not the full amount!

 

Please, please help me!!!!

 

Thank you to all in advance.

 

Ok:

 

The Compliance Manager

Arrow Global

 

 

Ref: use theirs:

 

Formal Complaint/Falsified Credit Reference Files.

Copy to Compliance Manager Rockwell.

 

Sir/ Madam,

 

Statement: I do not acknowledge any debt to Arrow Global or its agent Rockwell.

 

I refer you a debt originating from an account with Capital One which at present Arrow Global has assigned to Rockwell, it has become apparent that there has been manipulation of the data on my credit reference files held by xxxx credit reference agency I am enclosing a copy of the entry for ease of reference.

 

You will note that the default date displayed is xx xx 2008 which is wrong as I am aware that Capital One defaulted the account in 2006 therefore this default has been manipulated to allow the default entry to remain live for a further two years have now to decide if this manipulation is deliberate or merely gross incompetence on behalf of Arrow Global.

 

I am aware that some debt purchasers have attempted to claim that a default starts again when it aquires a debt this is of course total wrong as the original default date must not be changed by an subsequent debt purchaser or collection agency.

 

I now require Arrow Global to remove the incorrect data from all credit reference agency file to which it has reported this matter with immediate effect and to confirm that it has done so.

 

I must however thank Arrow Global for prompting me to check on my credit history and in doing so I have concluded that the alleged debt is statute barred so I will not therefore make any payment or offer of payment in relation to this matter.

 

I am aware of the OFT Guidance on debt collection and the sections regarding the pursuit of statute barred debt and would suggest that Arrow Global now withdraws this matter from Rockwell and closes the file on this matter.

 

I will be reporting the conduct of Arrow Global to the OFT and the ICO within the next 7 days.

 

Send RM recorded / signed for mail check when it is received, send a copy to Rockwell by 2nd class mail.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Hi your most welcome, res please keep us up to date.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 1 month later...
Hi your most welcome, res please keep us up to date.

 

Hello.

 

I have sent these letters and received an initial acknowledgment.... since then I have heard nothing!? Should I now send a letter to the OFT and ICO as we suggested in the letter? Its been a lot longer than 7 days..... anyhow; your advice and assistance with this would be gratefully received.

 

Thanks in advance.

 

Cheers

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So they refused to let you claim on Payment Protection Insurance because you failed to make a claim within "their timescales". Have a read of the following article.

 

http://www.consumeractiongroup.co.uk/forum/content.php?984-Re-Natwest-nightmare-accident-insurance-no-payout.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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So they refused to let you claim on Payment Protection

Insurance because you failed to make a claim within "their timescales". Have a

read of the following article.

 

 

YES!!!

 

They said I had missed the time frame, so my claim was invalid!!! I wouldn't be in this pickle had the claim processed and my PPI had stated what it did on the tin!

 

This is interesting news, by all means the other gentleman's claim is a lot more serious and I wish him well. I had simply lost my job and had been made redundant.

 

I guess I should challenge this? Would it be best to resolve the Statute Barred issue first?

 

CAG - your amazing people! Giving hope to those screwed by the banks and lenders! I salute you!

 

Cheers. :)

Edited by citizenB
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I guess I should challenge this? Would it be best to resolve the Statute Barred issue first?

 

 

Hmm, now there's a question. I will try and find someone who could advise on that one.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Something for you to think about.. !

 

 

Looks like there's going to be some maths here.

 

 

If the debts is SB then he's pretty much in the clear anyway in my view.

 

 

If he wants to press of the payout which should have been awarded, and if he is successful, it may be that the T&C's of the policy only cover him for a fixed period of time and that may not clear the debt.

 

It appears that the debt has been sold on. If he puts in a mis-selling claim then the proceeds of that reclaim should come to him as the lender has no right of set-off to a third party (unless they pay the trick of buying the account back).

 

I think it best to confirm the SB status and go from there.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Yes confirmation of the status of the debt SB or not.

If no response to the letter drafted in post 7# chase it up.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Yes confirmation of the status of the debt SB or not.

If no response to the letter drafted in post 7# chase it up.

 

Thanks again.

 

So..... I have had a reply from debt collectors, but not from Global Arrow... do I send a letter to Global Arrow again? Both where sent Recorded Delivery and show as being received. Or do I now write to OFT and ICO?

 

If I now write to OFT or ICO is there a template or guidance available for this?

 

Thank you for your continued support with this.

 

Cheers. :)

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What was the response from the DCA ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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They responded with a standard letter confirming receipt and informing me they would seek further information and advice from Global Arrow and get back in touch with me.

 

Then IMHO, I would wait and see.. give it another 10 days or so.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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So it was Rockwell who responded?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hello Brig,

 

Yes that's correct.

I think you should follow CitizenBs advice to wait and see what they come back with.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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