There is quite a lot regarding my current issues, I shall try be as clear and concise as possible.
Dec 2008 - unemployed, applied for £250 credit card from Capital One.
Jan 2009 - accepted for £1000.
Credit card maxed in a matter of days mainly on gambling and drugs.
Called after 5 months activation to remind them I was unemployed and the card was unaffordable.
Some sort of payment plan arranged which was rarely upheld by myself, sporadic minimal payments.
2010 - credit limit raised to £1600 without my request.
Again all spent on gambling and drugs.
Vast proportion of spends on statement show gambling sites. Repayments often withdrawals direct from said gambling sites.
2013 - Mother pays off £1400, notes state student, zero income, unaffordable, mother cut up card.
Me and my mother ask for account to be closed but this does not show in notes.
Called back once to query any PPI.
8 months later promotional material sent to my door advising account has been upgraded, cashback offer, etc. I ticked the box and sent the form back. Requested new 'lost' card.
Again spent completely on gambling £1600+.
Many payday loans taken out to try pay back.
StepChange charity seeked by myself and was paying them back. Had to cancel this repayment plan as I was again unemployed and it was unaffordable.
Debt being chased by Apex.
Debt returned to Capital One, they send a letter advising it is with them unless notified otherwise.
2016 - Debt sold to Cabot without notification. Apparently Cabot sent a Capital One headed letter through a third party printing company, which was not received.
Oct 2016 - Dispute letter sent to Cabot.
2018 - CCJ issued.
Call Capital One to request my application form as I was sure I was unemployed and thought I may need evidence for Court. Incorrect documents sent 7 times, speak to manager who suggests sending SAR and raised a complaint for me.
Can't believe contents of SAR, various other complaints raised, investigated and rejected by Capital One.
Clear written permission to take to Financial Ombudsman.
March 2019 - Court, threatened with prison or full in AoE form. Form filled in.
£50 a month taken from wages by Morgan Clarke.
Disputes raised with Cabot, AoE eventually suspended. Query dispute letter with no response for over 2 years, CCJ is now offered to be removed but they intend to keep the AoE money and offer me minimal compensation.
Now major issues with FOS. As some of the complaints relate to over 6 years ago, state they will not investigate, although Capital One have given consent for this, FOs believe this is not consent but a referral.
Account balance stands at £1700+ although the value of account minus interest and other (some now illegal) charges, I work out £4.31.
No fixed address, they have my mother's where I do stay sometimes, mainly stay at friends, sofa surf, etc.
Lots more issues and lots of evidence. Don't know where to turn.
Is there an angle regarding the Consumer Rights Act 2015 ("CRA")? Assuming it might be unfair for Royal Mail to hide behind not entering into a contract for the purpose of limiting their liability.
From 1 October 2015, the CRA covers all aspects of unfair terms in business-to-consumer contracts which had previously been covered by UCTA and the Unfair Terms in Consumer Contracts Regulations 1999. It deals with implied terms in relation to the quality of goods and services, including digital content, and regulates attempts on the part of a trader to exclude its liability for breach. The CRA also introduced a "fairness" test. Any term which causes "a significant imbalance" in the parties' respective positions, to the detriment of the consumer and in a way which is contrary to the requirement of good faith, will be regarded as "unfair".
A term that is "unfair" is not binding on the consumer, and the consumer can treat it as struck out of the contract. The remainder of the contract will stand if it is capable of doing so according to the usual principles of severability.
Just an update.. Final Payment was due 19.11.2019. Its now 18 days since then and no letters or mails. Not sure if they have given up or are spending time thinking on other ways to threaten... Thanks for following this and I hope it helps anyone else facing the same issues..