Capone Account settled 2010 - Is it too late to claim PPI and charges ?

[Lorraine101]

This was my Mums Capital One Visa card debt - a/c opened in Oct 2003, credit limit £1,100 -

 

I have only just found a statement dated 27/07/2006 showing £10.11 charged monthly for Payment Protection Insurance, also on the statement are charges listed and paid per item of £20.00 for Late Payment Fee and for Overlimit Fee (on this statement the overlimit amount was £189.58).

 

I don't know what date the account was either passed to or sold to Robinson Way Ltd (ex Capital One) as the first letter I've found from them is dated June 2007 and the last letter from them is dated 26th June 2008 stating the debt balance due on the account was £981.91.

 

The next communication that I have located is dated 21st June 2009 from Horwich Farrelly Solicitors (interestingly their address, telephone number etc is EXACTLY the same as Robinson Way Ltd) almost one year later and stating that Northants Court granted Robinson Way Ltd a CCJ on 7th February 2009 and the debt ordered to pay was for £1,156.16 which is £174.25 OVER the amount listed almost a year earlier?

 

My mother became seriously ill in 2010 and I started opening her post and dealing with all her correspondence.

On 5th October 2010 I opened a letter dated 16th September 2010 from Horwich Farrelly Solicitors referring to the judgment and informing if they did not hear from my mother within 7 days of 16/09 they would apply to the court for a charging order however there may be a reduced settlement figure available on the account.

 

On the same day, 5/10/2010 I called Horwich Farrelly Solicitors and explained my mother had been hospitalised since early July 2010 and therefore unable to contact them directly. Obviously due to data protection the employee would not supply any information to me until I sent them my mothers signature authorising them to correspond with me. I asked the employee to put a note on the account about my mothers situation and to state that I had called them and that I would be forwarding an authorisation letter as soon as I could get to the hospital to get my mothers signature.

 

I also asked if a stop could be put on account allowing them time to supply me with the account information and therefore allowing me time to work out a plan (as this was one of three problems I had to deal with and it was third in importance, first was Santander/Eversheds mortgage arrears threatening repossession and second in importance was a second charge fixed loan which was in arrears on my mothers house which she'd already been to court about just before going into hospital and the court had ordered extra payments monthly ontop of the usual payments which my mother obviously hadn't honoured).

 

 

I followed this telephone conversation with a letter confirming what had been discussed including my mothers signature of authorisation and also requested that they send me the details of the account debt.

I never received information about the account debt.

 

Horwich Farrellys next letter dated 18/10/2010 stating the court had advised them that the bailiff wasn't able to execute the warrant that had been recently issued.

 

Another letter dated 15/11/2010 saying to pay the arrears £1,156.16 within 10 days and also details Instalment:- £120.00 or else enforcement action would be taken.

 

Next letter dated 19th November 2010 stating their client Robinson Way (assignees of Capital One) would accept £763.07 in full and final settlement of the account debt £1,156.16 in six monthly instalments of £127.18?

 

I was overwrought trying to stop the court, Santander, First European Securities ordering the house to be sold and negotiating continually with solicitors and litigation departments etc that I didn't have the time to attempt finding any paperwork for this debt.

 

I could not cope and had no money left to offer payments to Horwich Farrelly so I turned to my mothers friend who loaned the money and who also directly called HF and paid the £763.07 settlement offer with her Visa card.

Next letter from HF dated 29/11/2010 acknowledging £763.07 payment but stating the account still had an arrears of £393.09 to pay?

 

I confirmed with Mums friend that she had definitely paid it which she confirmed providing the HF employees name who had taken the payment, the number she telephoned and the bank payment authorisation code she'd been given by HF.

I had no time to call HF due to hospital appointments, social services, care agency's etc coming to see me and my mother however the next letter from HF dated 2nd December 2010 confirming the account is now settled following the recent payment and their file on the matter has been closed.

 

About a fortnight ago my mother called the court and was told the account is not settled?

Then my mother called Cabot (as far as I am aware of Cabot has not had any association with this debt but Mum rang Cabot as they have been hounding Mum for a few years regarding a Capital One Credit Card debt sold to them. She is convinced she only had 1 Capital One credit card and convinced this settled debt is the same as the one Cabot are wanting payment for? )!

 

Cabot told her it is 2 separate account debts and NEITHER debt has been settled?

 

Soooo friends, is it too late to argue charges and PPI and also to argue the debt balance and therefore the CCJ information???

 

And which letter do I send and who do I send it to?

 

Many thanks to you all and this is just my first question of quite a few to follow.

Edited October 18, 2013 by citizenB

[fkofilee]

You are in a bit of a unique situation to say the least...

 

There must be slews of repayement charges and PPI on there... you are entitled to request these at any point.

However you must SAR Crap One to get this information.

 

Do you have the letter which they offered to settle for the amount listed for above? If you do lets us know and we will help you from there

[filrobbo]

Yes you can still reclaim ppi and unlawful charges

[silverfox1961]

Hi

Please be aware that Capital One hate parting with anything.

 

The PPI is one thing which should be ok BUT the Charges are another matter. Initially, they are likely to offer the difference between the £20 charge and the £12 charge which the OFT say they won't chase so the only way to get them to cough up the full amount is to sue.

 

Once you have the details of the account (obtained via a SAR) you should be able to use the spreadsheets in the library to work out how much they owe. Stick that in a preliminary letter. As mentioned, they will offer the difference but if you are prepared to go all the way, this should be followed with a Letter Before Action. They will refuse you! Sue!

[Lorraine101]

You are in a bit of a unique situation to say the least...

 

There must be slews of repayement charges and PPI on there... you are entitled to request these at any point.

However you must SAR Crap One to get this information.

 

Do you have the letter which they offered to settle for the amount listed for above? If you do lets us know and we will help you from there

 

Hello fkofilee, thanks for coming back to me so quickly, I'm new to the laptop and hope I added quote correctly, forgive me for any mistakes.

 

This unique situation is just the 1st of many, some similar, some totally different, some belong to me and some to my mother. I really need to add a page to my profile or where ever I can detailing all the background information so that all the users trying to help and advice me can read up and understand how we are where we are, can you tell me if this is possible as it would take forever to add the background on each individual post?

 

Back to this question. Yes I do have the settlement offer letter which was from Horwich Farrelly Solicitors dated 19th November 2010 on behalf of their clients Robinson Way.

 

You say to send CapOne the SAR letter but which one do I use? Do I just combine the PPI, Unfair Charges letter?

 

Sorry to sound like a div but huge appreciation

[Lorraine101]

Hi

Please be aware that Capital One hate parting with anything.

 

The PPI is one thing which should be ok BUT the Charges are another matter. Initially, they are likely to offer the difference between the £20 charge and the £12 charge which the OFT say they won't chase so the only way to get them to cough up the full amount is to sue.

 

Once you have the details of the account (obtained via a SAR) you should be able to use the spreadsheets in the library to work out how much they owe. Stick that in a preliminary letter. As mentioned, they will offer the difference but if you are prepared to go all the way, this should be followed with a Letter Before Action. They will refuse you! Sue!

 

Wow thanks for the instructions, its really helpful as I too have an issue with an old CapOne visa debt but the case is more serious than this one and I will post it on a separate thread eventually.

 

Spreadsheets, well that word frightens me as I haven't used one of those in over 20 years! I haven't used the library yet so I hope its easy to do the spreadsheet or I'll be crying out for more help

[citizenB]

Your charges and PPI letters should be treated as separate - so separate letters, separate spread sheets.

 

However, your Subject Access Request should cover absolutely everything to do with any financial relationship your Mother had with Capone. - So just the ONE SAR letter for all dealings with Capone.

 

If you use the following SAR draft letter, that should do it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

 

Once you receive all the data, then we can help you complete the spread sheets

[citizenB]

Your first post seems to be a bit muddly..

 

Can you confirm that it is only Capital One that we are dealing with and the issue with Santander and the mortgage/secured loan has been resolved ?

[Lorraine101]

citizenB this post is ONLY about the Capital One Visa debt that I have limited information for.

 

For instance I don't know if it was sold to Robinson Way or if they are part of Capital One as on their letters it says Robinson Way (ex Capital One) Ltd but the information from Horwich Farrelly Solicitors letters on behalf of their client Robinson Way of the same address state the CCJ was awarded to Robinson Way (assignees of Capital One) Ltd in Feb 2009.

 

The other issues with Santander and the secured 2nd charge loan my mother had will be put on separate posts but not today as I'm tired.