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DisgruntledDebtGuy

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

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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.

 

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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?

 

 


..

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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.

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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? 

 

 


..

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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.

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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

 

 

 

 

 

 

 


..

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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.

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

 


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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