Cabot/morgan - cap1 card CCJ & AOE payments- admit they were wrong - offered £150!

[Guest DisgruntledDebtGuy]

Hi,

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.

 

[dx100uk]

i will guess that your complaint was one against Cap1 which for want of a better term was along the lines of an Irresponsible Lending claim and quite rightly so!!

 

Regardless to the FOS not being interested, did Cap1 agree that they were in the wrong?

 

 

[Guest DisgruntledDebtGuy]

No Capital One skirted around the issue and produced my apparent application form showing an income of £10,000 (which I very well may have entered at the time) but now also an extra income of £40,000 (which I certainly did not enter).

 

The FOs have stated in some of their correspondence that they are not investigating the irresponsible lending complaint as "I should have know I was irresponsibly lent to", and now is over 6 years since.

[dx100uk]

so cabot have agreed to removed the CCJ and aren't going to demand further payment?

but, I assume you asked for AOE payments return but they've refused? 

 

 

[Guest DisgruntledDebtGuy]

Yes, as far as I'm aware they were attempting to keep the AoE payments and partially settle the CCJ.

 

Cabot:

However, in light of us not responding to your dispute and for us incorrectly taking legal action against you, I have taken the decision to close your account. I am sorry that this information was not taken into consideration when your complaint was originally investigated, I appreciate this has led to a delay in you receiving this resolution and for this I am sorry.

 

I would also like to send you a bank transfer for £150.00 which I hope you can accept with my sincere apologies for us incorrectly taking legal action against you and for not responding to your dispute sooner.

 

As I am satisfied that this is your account, I have accepted the payments you have made as a partial settlement towards the outstanding balance and this will be reflected on your credit file until 30 June 2020."

 

Although since then I have received a letter from Morgan Clarke to fill in and set aside the judgement, not sure of this is different to partially settling. I am yet to complete this.

[dx100uk]

are they offering to set this aside by a mutual consent by a tomlin order free of charged to you?

or have they just sent you an N244 to fill in which will cost you £255 to file at court with no guarantee of success??

 

they have admitted that they wrongly took court action against you

IMHO I would not be agreeing to just £150 but threaten to take this back to court, issuing the N244 yourself and sue them for the £255 fee AND for the return of every payment you have ever made against the CCJ AND interest at 8% PA. and damage to you credit reputation, typically this is £1000 per entry and any compensation for refused credit , higher int rates on credit attained since...

 

pers I think it might be worthy for you to spend sometime

scan up everything to ONE multipage PDF file

read our upload guide carefully 

 

dx

 

 

 

 

 

 

 

[Guest DisgruntledDebtGuy]

Yes, I understand they are offering free of charge.

 

'we refer to the above matter.

We have been instructed by our client to make an application to the court to request that judgment be set aside.

 

To aid us in our application our client requests you consent.

If you are willing to accept the application please please sign both pages on the highlighted dotted lineunder your name and return one copy of the attached Consent Order.

 

The other copy is for you to retain for your own records.

If you are unsure as to the terms please seek independent legal advice."

 

I replied to Cabots earlier response offering the compensation advising I do not accept and that I would reply within 30 days (15 Nov).

 

I shall indeed look to upload all documents as you suggest although I have basically been 'arguing' with Cabot, Capital One, FOs and the Courts for over a year, lots of content.

[fkofilee]

No - As part of closure of this account and as a sorry to incorrectly taking legal action, Get the CRA Entry removed completely.

 

[Guest DisgruntledDebtGuy]

Hi,

Long story short,

FOS no longer dealing with me and closing any outstanding complaints including one with Cabot.

 

Had a solicitor send Cabot a CCA request in January which was ignored,

given multiple excuses

- no permission,

CCJ attached but they seem to have decided that they are not obligated to respond as there is no debt, apparently cleared.

 

CCJ has been completely removed from a search, not even showing as within last 6 years although I have others.

 

Inital FOs investigator previously recommended £750-£1000 compensation due to wrongfully Court action,

although they advised the debt clearance of £900+ (I was taken to Court for £1700+) and the initial £150 is sufficient.

 

as advised I am no longer dealing with the FOs nor agreed with any of their findings.

[Guest DisgruntledDebtGuy]

Hi,

My issue has been ongoing for years but will try summarise the main points.
Irresponsibly lent credit card from 2008, many major issues; terms, policies, laws neglected throughout.

Debt sale to Cabot without notification from CC company. No notice of assignment received.
2017 letters from Cabot threatening Court action.

Respond with CCA request, a template letter by post, nothing responded.
2018 CCJ obtained,

2019 Court summons

- threat of prison sentence or complete an attachment of earnings form on the 8th day following.

 

Cabot proceed to take unaffordable money from my wages.
Speak to Cabot regarding my recent circumstances,

they state of the original account and that I thought it had beeen a [problem] until Court

- eventually agree to suspend AoE around 6 months later although they took a further payment following the cancellation.

 

Request SAR from Cabot, advise they have not responded to my prior dispute letter, somebody else's well kept statement is included and other major issues.

 

Cabot eventually apologise for wrongfully taking Court action, offering £150 compensation.

I reject this and raise with the financial ombudsman service as instructed.

They eventually send me the apparant CCA fulfillment (over 2 years late) with, as I know now a NoA using a CC company's headed letter arranged by Cabot through a 3rd party printing company along with the booklet from Cabot, supposedly sent together although show different dates.

 

My dealings with the fos were already in full swing at this stage with multiple complaints being 'investigated' relating to the original CC.

I called out one too many of their accuracies/imbellishments in their communication leading them to refuse to deal with me and have now closed any remaining complaints including the one relating to Cabot admitting to wrongfully taking Court action.

 

Their initial response on this matter suggested £750-£1000 compensation although as they had offered to clear the debt of £900 (I was taken to Court for £1800) and £150 then that would be adequate.

 

Got a solicitor to act on my behalf and they send CCA request January 2020 which is again ignored.

Call Cabot to query and am given multiple excuses as to why they are not obligated;

CCJ, no debt, no credit agreement in place amongst others.

 

Push them on this asking for literature regarding and eventually speak to a manager who advises I can not have my money back,

they did not respond to my solicitor request as it was a CCJ at that point,

I ask when the CCJ was removed,

she checks and advises February 2020, the Court confirmed January 2020.

 

The CCJ has now been removed in and the debt apparently cleared, although I still appear to have an account with Cabot.

 

There is much more to this as a whole, I was rejected for less than basic housing due to having a CCJ a

 

Any advice, signposting would be much appreciated thanks.

[dx100uk]

4 threads merged on same issue.

so from advice given last December..

can you action post 7 please?

 

 

 

 

[Guest DisgruntledDebtGuy]

I knew I'd posted elsewhere by accident but couldn't remove. Wow noob question sorry, do I have to do anything with the post? Or get the last bit done? 

[dx100uk]

On 08/12/2019 at 01:42, dx100uk said:

are they offering to set this aside by a mutual consent by a tomlin order free of charged to you?

or have they just sent you an N244 to fill in which will cost you £255 to file at court with no guarantee of success??

 

they have admitted that they wrongly took court action against you

IMHO I would not be agreeing to just £150 but threaten to take this back to court, issuing the N244 yourself and sue them for the £255 fee AND for the return of every payment you have ever made against the CCJ AND interest at 8% PA. and damage to you credit reputation, typically this is £1000 per entry and any compensation for refused credit , higher int rates on credit attained since...

 

pers I think it might be worthy for you to spend sometime

scan up everything to ONE multipage PDF file

read our upload guide carefully 

 

dx

 

 

 

 

 

 

 

get your doc up read above

 

dx

 

[Guest DisgruntledDebtGuy]

I must have been looking at a different post 7 ha.

Didn't think I had the N244 option now that there is no CCJ or debt. Small claims now I suspect?

As mostly emails: print, scan, upload?

[dx100uk]

well lets see what cards we are playing with.

no need to print them and scan.

simply copy them to a word processor prog

redact your pers details or any emails/ref no's that can Id you

them save as .pdf and upload

read our upload guide carefully

 

 

[Guest DisgruntledDebtGuy]

Right thanks a lot that's a job for Thurs/Fri

[dx100uk]

[Guest DisgruntledDebtGuy]

Would I have to hide names, emails, numbers etc of the staff?

Also I'm not too concerned about my anonymity, would like these documents in the national press, would you still advise to protect any personal details?

[dx100uk]

because of site data protection, you must hide YOUR details

forget the rest.

 

dx

[Guest DisgruntledDebtGuy]

Many thanks

[Guest DisgruntledDebtGuy]

Dear Sir

 

 RE: Capital One Credit Card ending - Closed  

 

I am writing further to your complaint with the Financial Ombudsman Service (“FOS”) and your recent telephone calls.  

 

You have contacted us further because you wish to be provided with an answer to the following;  

 

• Why has the account been closed, instead of refunding you?

 

• Why have you not received a response to your dispute letter sent in 2017

 

• Why has Consumer Rights Solicitors not been provided with a response, following their CCA request? 

 

You wrote to us on 23 October 2017 and told us the account was in dispute, until we could evidence our claim.

Upon receipt of this letter, we referred it to Mortimer Clark Solicitors (MCS) to action, regrettably, no response was sent by MCS.

MCS informed us there is no record of this letter being received by them.

 

This error was reviewed by the FOS when we provided them with details of the account history, following your referral to their service.  

 

We concluded our position in the final response issued on 02 July 2019.

In reply to your correspondence, we also issued responses on 27 August 2019 and 15 November 2019.

These concerns were referred to the FOS as you remained unhappy with the outcome. 

 

When we completed the review and supplied the information to the FOS, the Complaint Handler confirmed the following;  

 

• An application was sent to the Court to set aside the CCJ (the Court has now approved our application)

•The Attachment of Earnings (AOE) was suspended. 

• We agreed to close the account. 

 

• We are not asking you to repay £1,427.68 (The outstanding balance assigned to us by Capital One was £1,658.48,

We received payments totalling, £230.00 this bring this balance down to £1,427.68.

The legal fees applied have been reversed)

 

• We have amended our entry on your credit file to reflect the account as partially satisfied

• In addition to closing the account, we offered a further £150.00 to apologise for any distress or upset caused. 

 

I have received a copy of the response sent to you by the FOS on 04 March 2020 and note they did not uphold your complaint as they felt the action taken was fair to put things right for the trouble and upset caused.

I have enclosed a copy for your reference.

 

I am aware following your notification, you have now withdrawn your complaint from their service. 

A CCA request was received in January 2020 from Consumer Rights Solicitors.

 

As a CCJ had been obtained, we were not obligated to comply with this request.

I am aware the CCJ has now been set aside, as confirmed in our telephone call on 19 May, MCS received confirmation of this by post on 13 February.

 

The account is closed and as such we are not obliged to comply with this request.  

 

These aspects have been reviewed, considered and the FOS have provided us with their view, as explained above.  

You have recently requested a copy of the telephone calls and information we hold on the account.

This has been referred to our dedicated team who will deal with this for you.

 

Please note, this can take one calendar month.

Please note, as they have already completed a Subject Access Request (SAR) in September 2019,

the information included in their response will be from the date the information was supplied previously until the date they complete the newest request.  

 

We intend to provide your SAR to your email address of.

Please let us know whether this method is not suitable in the next 30 days.

 

We will send you an email containing a link to obtain your documents, these will be available for you to obtain for a period of 7 days. 

 

Following my further review, whilst we maintain our position as set out in our previous letters,

in order to bring this matter to an amicable resolution, we would like to offer you a final payment of £500.00.

 

This represents a refund of the payments you made towards the account which total £230.80 and the remaining amount of £269.20 which represents the trouble and upset caused.

 

Please note this offer is not in addition to our previous offer of £150.00.

In addition, the account will remain closed. 

 

Please provide us with your bank details at your earliest convenience and we will arrange a BACS transfer for a total of £500.00. 

 

This is our final response to this matter and the complaint has therefore been closed, we will not reopen the complaint or investigate the same concerns any further.

[dx100uk]

im not spacing that!
 

dx

 

[Guest DisgruntledDebtGuy]

Wow sorry it didn't look that bad before posting...I'm learnding.

 

Managed to get back in touch with the Citizen's Advice guy I met with last year who is again looking into it and will arrange a meeting when life allows, they're hoping around 2 weeks, he asked if I had any time limits of which I'm unaware.

 

 

They're still refusing to produce the correct statement I requested October 2017 or even discuss it, baited into frustration

They are also refusing to talk to me on the phone unless it's to give my bank details for the £500.

 

 

[fkofilee]

Done - Spacing in place.

[fkofilee]

Dude - They have set aside a CCJ. 

They have offered £500 of money as compo (Im aware of how it is broken down)

They have closed the account and set it as partially settled. 

 

Take it and run as fast as you can... But thats my advice.