Claiming Capital One Charges

[Dot1]

Hi every one,

 

I wonder if someone can help me clarify this for me.

 

A family member had a Capital One card and ran into financial difficulties which led into closing the account.

 

The debt was then sold to Lowell but it's not being pursued and now SB.

 

The debt was mainly made up of Charges and PPI.

 

In 2012 a claim for PPI and charges were made but only PPI was successful

but the amount offered for the charges was very small and apart from that Capital one wanted to pay it to Lowell.

 

Capital one sent an offer form to be signed but the money would be paid to Lowell.

The form was never signed and returned.

The family member developed health problems and never made any follow up.

 

While clearing the house recently, she came across paper work and offer letter.

The communications were dated around April 2004.

 

Does this mean that it is SB now or can it still be reactivated?

 

You thoughts and guidance will be much appreciated.

 

Dot

[dx100uk]

SB'd by far

 

 

dx

[Dot1]

SB'd by far

 

 

dx

 

Thanks DX

[fkofilee]

Statute OF Limitations states a debt will be extinguished after 5 years in Scotland and SB after 6 in England.

The clincher here is if Lowell have CONFIRMED its Statute Barred and DIDNT receive the money then it is truly SB as long as after 6 years when it does hit Stat Barred Status, it means it cant be undone

Even payment after 6 years cant kick it into gear.

[Dot1]

Statute OF Limitations states a debt will be extinguished after 5 years in Scotland and SB after 6 in England.

The clincher here is if Lowell have CONFIRMED its Statute Barred and DIDNT receive the money then it is truly SB as long as after 6 years when it does hit Stat Barred Status, it means it cant be undone

Even payment after 6 years cant kick it into gear.

 

Thanks fkofilee,

 

There has not been any communication from Lowell. They never chase the debt. Lowell was only mentioned by Cap One in the offer letter.

 

Anyway, that is a missed opportunity now yet the charges was quite a lot.

 

Dot

[cfs_too]

Hi,

Is your post asking if the debt is stat barred or whether you can still claim for penalty charges made by CC company?

 

I thought that charges over 6 years could still be claimed, even if account sold to DCA?

 

And the refund payment should not be passed to DCA as debt was already sold and original CC provider compensated in the sale?

 

I thought there were lots of BC claims on this forum for charges more than 6 years old, have I missed something or completely misunderstood?

 

(It could easily be the latter. Rather confused generally at the moment)

 

Me_too

[Dot1]

Hi,

Is your post asking if the debt is stat barred or whether you can still claim for penalty charges made by CC company?

 

I thought that charges over 6 years could still be claimed, even if account sold to DCA?

 

And the refund payment should not be passed to DCA as debt was already sold and original CC provider compensated in the sale?

 

I thought there were lots of BC claims on this forum for charges more than 6 years old, have I missed something or completely misunderstood?

 

(It could easily be the latter. Rather confused generally at the moment)

 

Me_too

 

Hi Me_too,

 

I am checking if the charges applied by the Cap one can still be claimed but as you said, it seems that it can not based on the responses. Yes, its rather confusing I must admit.

 

I do not know if it can only be claimed if part of the charges are not yet over 6 years.

 

It would be helpful if someone could clarify this as at the moment its not very clear.

 

Dot

[dx100uk]

you can and there have ben successes.

 

 

dx

[Dot1]

The last payment into the account was in May 2008 but as per earlier post, last communication between Account holder and Cap one was in April 2012. Its is definitely 6 years from that time.

Small offer made by CC company but was not accepted as it was to be paid directly to the new owner (DCA).

 

The DCA only came in the picture in the offer letter as it was mentioned that money offered would be paid to them being the new owner.

 

The account holder was to sign the form to agree for that money to be paid to the DCA. This never happened.

 

That is where my question is. Can one can still reactivate the 2012 claim or start it all afresh or just forget it as its already 6 years.

 

Thanks

Dot

[Dot1]

you can and there have ben successes.

 

 

dx

 

Thanks DX,

 

I will just try and see what will happen.

 

Dot

[Dot1]

Hi every one,

 

Sorry I got it wrong on the PPI.

 

 

Apparently, the PPI was not successful too as Capital One provided a copy of an application form with a ticked box for PPI.

 

 

They then went on to say that it was not miss sold.

 

This was in 2012 too.

 

 

Nothing was done about it, not even referral to the Ombudsman as the account holder was having health problems which eventually led to the discovery of her having cancer.

 

She can not remember ticking the box.

 

Again, we are considering re-activating it. I know the period for referral to Ombudsman is gone.

 

 

What options are available if any?

 

Can this be treated as exceptional circumstance buy Ombudsman?

 

Or should I write back to Cap One starting afresh the claim and see what they will come up with then decide.

 

Your help is appreciated.

 

Dot

[Dot1]

Any thoughts please?

 

Dot

[dx100uk]

no harm in trying.

 

 

dx

[Dot1]

Thanks Dx but should I start afresh, continue from where it was or refer it to Ombudsman?

 

What do you think?

 

Thanks

Dot

[dx100uk]

penalty charges that are within the period of a PPI claim

might not ever have been levied said for such PPI that shouldn't be there.

 

 

the FOS [if you read around..yes its a self help forum too...] rarely get involved in 'solely'

a charges reclaim and rarely side with a punter.

 

 

start a fresh, get an sar off get everything they hold.

 

 

like how it ws applied for..did he get button holed in a shop

or filled out a mag flyer

 

 

and ofcourse, theres nothing to say the app form was not either pre ticked

or ticked upon arrival.

 

 

dx

[Old Cogger]

When they do get involved then they almost always side with offers from Capital One, hence Cap 1s offers are always low and not accurate

[Dot1]

penalty charges that are within the period of a PPI claim

might not ever have been levied said for such PPI that shouldn't be there.

 

 

the FOS [if you read around..yes its a self help forum too...] rarely get involved in 'solely'

a charges reclaim and rarely side with a punter.

 

 

start a fresh, get an sar off get everything they hold.

 

 

like how it ws applied for..did he get button holed in a shop

or filled out a mag flyer

 

 

and ofcourse, theres nothing to say the app form was not either pre ticked

or ticked upon arrival.

 

 

dx

 

Hi,

 

Sorry about the delay in responding as I had to get the information.The application was part completed with names.

It came through the letter box as a junk mail.

 

She completed and posted it back and she was accepted. Though the insurance box is ticked in the application copy sent in the SAR, she does not remember ticking it .

 

Is there any success thread on Capital One please?

 

Thanks

[dx100uk]

yes lots scroll though the PPI successes thread or use the middle search cag box of the red toolbar

 

 

sounds like they ticked they box when they got it

[Dot1]

yes lots scroll though the PPI successes thread or use the middle search cag box of the red toolbar

 

 

sounds like they ticked they box when they got it

 

 

Thanks DX.