Cabot/Drydens claimform - Capital One card debt

[AvengingAngel]

Hello everybody,

I am acting for my partner who had PPI added to his Capital One credit card account one month after he took on the credit card. He did not sign or tick a box to accept PPI.

 

He was quite clear to Capital One during the application process - he didn't want PPI. One month after he signed the agreement, Capital One telephoned him and asked him to have a direct debit.

 

He said yes to the direct debit. He always worked very long hours so did not notice until last year that Capital One had added PPI to his account the same day as that phone call. As soon as he noticed, he cancelled it. Capital One refused to refund the PPI payments.

 

We went to the FOS, whose adjudicator gave his decision that because my partner spoke to Capital One in that telephone conversation one month after opening the account, my partner "must have, on the balance of probabilities", agreed to taking out PPI.

 

This, despite the fact that my partner provided the copy original credit card agreement, (hard evidence), and Capital One only provided the standard blank telephone script.

 

We complained to the adjudicator and asked for an ombudsman to take on the case. The adjudicator wrote back explaining his reasons in full, and saying he wanted to "resolve the matter informally", and asked my partner again if he wanted to put it to an Ombudsman, or accept his "view" so as "not to delay matters further".

 

My partner has written back saying that he had already requested that the matter go to an Ombudsman and that he is contacting our local MP.

 

I personally believe that the FOS have agreed a quota with the credit card companies, as to how many consumers' claims they will let through (decide in favour of), and that they are now under so much pressure due to the number of claims they are processing, that they now wish to get rid of as many claims as possible, without looking at hard evidence.

 

I believe it will take interference from an MP to get a fair investigation and a fair decision from the FOS.

Edited July 20, 2013 by citizenB
formatting

[AvengingAngel]

This is an update.

 

My MP intervened (turns out he hates Capital One).

 

The Ombudsman took over the investigation from the adjudicator, and decided in my partner's favour.

 

Debt written off.

 

Capital One behaving like little babies and being slow to provide correct information regarding exactly how they calculate the refund.

 

Our complaint has gone back to the Ombudsman to enforce the decision.

[citizenB]

I am pleased to hear this has been resolved in your partner's favour.

 

 

We complained to the adjudicator and asked for an ombudsman to take on the case. The adjudicator wrote back explaining his reasons in full, and saying he wanted to "resolve the matter informally", and asked my partner again if he wanted to put it to an Ombudsman, or accept his "view" so as "not to delay matters further".

 

I was interested in seeing that the adjudicator had contacted you as above. This happened to my OH after an adjudicator found in favour of the bank. The ombudsman overturned the adjudicator's decision.

 

I understand there is quite a high turnover of staff at the FOS and wonder if poor first tier decisions are becoming a problem.

[AvengingAngel]

Hi Citizen B

 

From my telephone contact with adjudicators,

I think they are out of their depth in ploughing through the murky world of lying credit card companies.

 

 

I would doubt that many of them have sufficient legal training to be fit for purpose.

I say this because I have worked with solicitors and barristers dealing with complex court cases,

and I believe it takes a good level of legal expertise to cut through the lies and get to the truth.

 

 

A few months ago I took up computer chess, and in a small way, (not pretending otherwise), it does help me to think long-term strategies.

 

 

All the best,

[AvengingAngel]

Hi Team,

 

It's a long time since I have posted. Hope you are all well.

 

May I have some advice please.

My partner had a PPI claim against Capital One.

The Ombudsman gave a decision in my partner's favour in May 2013

and ordered Capital One to do a hypothetical reconstruction of the credit card account,

remove the PPI premiums, interest and charges, and interest on the charges;

 

 

pay my partner the difference between the closing balance and what the closing balance would have been without the PPI;

pay my partner 8% interest on the account and 8% on the difference in the two balances;

and set out in writing to my partner how Capital One calculated the compensation.

 

Capital One refused to comply.

They 'sold' the account to Credit Solutions, Power2Contact, and now Cabot (all owned by Capital One) who are threatening legal action through Drydens Fairfax.

 

In August 2013 my partner wrote to the Ombudsman stating that Capital One had not complied with the their judgment,

and that we had calculated that Capital One owe my partner £2,000 net of the 'alleged' account balance.

He has never had a reply.

My partner has today received a letter from Drydens Fairfax.

 

 

My own instinct is to wait and see if they do take out an N1 against my partner,

and if they do, then we can respond to the claim enclosing a copy of the Ombudsman's Decision.

 

 

I will calculate what is owed to my partner up to date, and we will counterclaim.

 

We have not contacted Capital One in any way since the Ombudsman's Decision.

I would like to somehow mend my partner's credit record, as he doesn't owe them anything,

and they owe him, probably substantially more than £2,000 as another two years have passed since the Decision.

 

I would be very grateful to receive any advice on this situation.

 

Best wishes

AvengingAngel

[i hate bailiffs]

You should be dealing with capital one in writing

If the ombudsman has gone in your favour

 

Send a letter before action then issue court proceedings against cap one

[fkofilee]

Well this is interesting... You could hit them right here right now. Scan a few copies of the letter from the Ombudsman... Send emails to the following email addresses explaining the situation in full....

Theyd be stupid to go to court on this! But you need to inform them NOW! The Ombudsman made their decision clear.

 

[email protected] - CEO of Cabot Group

[email protected] - CEO of Drydens Fairfax

[email protected] - CEO Cap One UK

[email protected] - Compliance Cap One UK

[email protected] - Compliance - Cabot

[email protected] - Compliance - Drydens Fairfax

 

Informing DF and Cabot about this WILL Stop them from going for legal action and hopefully hand back off to Cap One for them to deal with. Then Cap One will have to abide by the decision of the Ombudsman.

 

If they have completely ignored you then I suspect that they may offer something on top of it.

[dx100uk]

Capital One refused to comply. They 'sold' the account to Credit Solutions, Power2Contact, and now Cabot (all owned by Capital One) who are threatening legal action through Drydens Fairfax.

 

None are owned by cap one FYI

 

Dx

[Old Cogger]

Capital Answer.

[AvengingAngel]

You could hit them right here right now.

Sounds good to me. Thank you so much for the email addresses. I will follow your advice.

 

 

Thanks again. I will let everybody know the outcome.

Best wishes,

AAngel

 

Oops, it should have had a question mark after it - regarding the other companies being owned by Cap One. Thanks.

AAngel

[fkofilee]

Please do keep me posted, Im interested in this case with you. It seems like Cap One have been pretty ignorant. Any claim made by the DCA and Sols will be derailed instantly anyway. But Before you get to that stage, manage it now, Its a LOT more easier to do so.

 

If anyone refuses to play ball, then you start legal action yourself with a Letter Before Action stating your requirements and 7 - 14 days.

[AvengingAngel]

Hi,

Ankit Pande, of the Executive Office, Capital One, replied,

saying that they had complied with the Ombudsman's decision,

taken some money off, and that my partner owes the outstanding balance.

 

have recalculated the redress amount again and confirm that no further redress is due.

they don't know where we get our much larger figure from, that they owe my partner.

 

They also say go back to the Ombudsman if we are not satisfied.

they sold the debt to Cabot so they have no connection with the debt anymore.

 

We had a holding email from Drydens.

 

We have had no response at all from Cabot.

 

The 14 +2 day deadline for replying was 30.12.2015.

 

Capital One say that the few hundred pounds they refunded my partner is correct,

but they did not refund the masses of £12.00 payment charges that should not have been applied,

and which the Ombudsman ordered be refunded.

 

I have calculated the PPI using an excel PPI calculator.

 

Is there one attached to this site please, so I can do my calculations again, before we take further action?

 

 

As ever, I would appreciate thoughts as to what next?

[dx100uk]

attach your spread sheet please

 

 

upload

[AvengingAngel]

Hi,

I have uploaded a PDF of the calculator I was using. I have also now found a PPI FOS calculator on this site.

 

I get confused as to when to apply interest of 8% or interest of what Cap One was charging, ie 30.34%.

 

All help appreciated.

Thank you.

AA

 

PS, I stopped calculations as at the judgment date,

but I would imagine my other half is owed payments up to the date they pay?

PPI Calculator_03.01.16.pdf

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

ideally you should use the running

 

however fosci might work better and quicker

 

you can inc penalty charges with the PPI

 

dx

[AvengingAngel]

So, looking at the sheet I uploaded, am I doing it right? I'll have a go with the FOS and the running calculators. It looks as though I insert 8% 30.34%?

 

I started inserting figures in the FOS spreadsheet, which doesn't work, as the column for 'Card balance excluding PPI' gives the same figure as the column for 'Card balance' (with PPI).

 

 

I'll have to try the running spreadsheet.

[dx100uk]

read the red notes tabs on each sheet 1st

 

 

fos CI might be best

[AvengingAngel]

Hello Everybody,

 

I trust you are all well. Here's a little ditty,

 

Cap One's Ddff have written, chasing for a debt against someone I know (not me). The last payment was well over six years ago and is statute barred. Below is a template letter. Is this one of yours?

 

[ template removed - dx]

[dx100uk]

doubt cap1 are drydens client?

read the letter again carefully

is this the old cap1 card you reclaimed PPI on for your OH years ago ??

[AvengingAngel]

Hi there,

 

You've got a good memory. Yes, it is.

 

I found that template letter somewhere and I was going to send it to DDFF.

 

The Ombudsman ordered that the PPI be refunded and that Cap One should reconstitute the account and send us a copy.

 

While the debt was in dispute and under the Ombudsman for investigation, Cap One sold the debt to Cabot Financial (UK) Ltd.

 

The reconstitution they did was inaccurate and they refused to amend it.

I contacted the Ombudsman who was no help.

 

Meanwhile the debt passed into 'statute barred'.

 

So really, I would just like to send DDFF packing.

And I would love your advice, as usual,

[dx100uk]

threads merged

once again you are making the mistake in thinking Drydens etc are operated by or for CAp1

they and you account are nothing to do with cap1 anymore they sold it on.

 

 

unless drydens letter says WILL court ignore them.

[AvengingAngel]

Hi,

Letter states,

'our instructions are to continue with collections activity in this case. Then says to contact their office by 19 June with income and expenditure information to discuss a repayment arrangement.

 

 

Then states, 'If we do not hear from you we will issue a letter before action prior to the issue of a County Court Claim against you.'

 

 

I know the debt was sold on and this is not Cap One. It is Cabot. But would that template letter I sent you deal with this? I thought it came from your site. If not, how do I knock this on the head please?

AA

[dx100uk]

its a threat-o-gram

ignore unless they do issue LBA

then comeback here

[AvengingAngel]

I will do that. Thank you.

AA

x

[AvengingAngel]

I will do that. Thank you.

AA

x

 

Hi,

Drydens sent a letter, attached as a PDF, with bits cut out. It arrived today.

Thanks

x

Ltr 21.06.17 AA DF.pdf