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Capital One/Cabot

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  • Capital One/Cabot

    Hi All,

    I hope someone can help, my partner had a problem a few years back with capital one. I will try and outline the problem in steps and then outline what I have done so far for her.

    1) About 3 Years ago my partner received a call from Capital One saying that she owed them money this despite the fact that she had cleared the debt with them and no longer had a card link to the account. The orginal credit agreement was signed in 2001.

    2) The call from Capital One said that she had spent £400 odd abroad and despite my partner saying that she had not been abroad and also that she would not be able due to not having a valid passport! She said that this must have been a fraud Cap1 still insisted that she owed them the money and that they would not investigate the case.

    3) Fast forward 2 years and me and my partner had just started living together Nov 2009. While at work she received a call from Cabot who where acting on behalf of Cap1at this point Cap1 had never tried to contact my partner after the call 2 years previous. The debt now stated by Cabot was for £800. Anyway cutting to the chase she arranged to pay them £50 per month until it was cleared.

    4) I was recently sorting out our finances and noticed this payment and crossed questioned my partner when she said about the above. I told her we would not pay any further sums until Capital One could a) prove she had an active account with Cap1 and b) they could produce a Credit Agreement.

    So 13 days ago I sent Cabot a CPR and we received a speedy reply to say that all action was now on hold and that they did not have this information and would need to contact Cap1 to get it. Tomorrow is the end of the 12 days they said would be needed to get this and I know we are not going to get a reply. This whole episode sounds like a complete balls up on Capital One's behalf. Firstly the moment my partner said she did not have a passport when the person at Cap1stated she had spent £200 in a German hotel her case should have been investigated for card fraud but there attitude was "you had the money you are going to pay it back!"

    Now I don't know what to do to continue the action and reclaim the £400 we have paid Cabot since Nov 2009! I feel it only proper that some action is taken against Cap1 for there pure lack of customer service and the fact they have failed to follow any of the rules set out under section 77. Could someone please suggest what my next step is please.

    Many Thanks,

    Andy
    Last edited by inthenook7672; 25th November 2010, 17:10:PM.
    Tags: None

  • #2
    Re: Capital One/Cabot

    Its a problem that the OH started to pay by doing so she has acknowledged the debt.

    Write to CAP one request their complaints procedure, explain again the circumstances of your complaint and ask that they investigate the matter. Include in the letter a subject access request for all data on all systems relating to this account.

    Request that until their investigation is complete all enforcement action is ceased.

    They must commence an investigation if they do not do so ask them for a final response letter.

    When or if you receive this commence a complaint to the Financial Ombudsman Financial Ombudsman Service Put all the circumstances down on the claim form you can download from the site.

    Write to Cap one informing them that you have done this and that until such time as the FOS complete their investigation the account is in dispute.

    As belt and braces approach if you can afford it set aside the £50 in an account just in case something unforeseeable happens.
    Light travels faster than sound. This is why some people appear bright until you hear them speak.

    Nemo me impune lacessit - No one provokes me with impunity. (Motto of the Kings of Scotland)

    Comment


    • #3
      Re: Capital One/Cabot

      Thanks for the reply Frisp, I thought that may be the best action to take but thought I had better ask the question just in case I had missed something. Thanks for the advice and there will be a letter in the post to Cap 1 today :beagle:

      Comment

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