Capital one complaint upheld but......

[Angry Cat]

Re: Capital one complaint upheld but......

Wonder why RBS and Capone didn't sell, preferring to keep them in-house?
Dodgy agreements, maybe?
Capone, normally sold to Robinson Way aka Robbers Way.

[DAISYC3CJS]

Re: Capital one complaint upheld but......

Yes could be dodgy agreements but from what I can suss out, think it may be amounts over £5,000 that have been sold on to either 1st Credit and/or Link Financial Outsourcing

Daisy

[FlamingParrot]

Re: Capital one complaint upheld but......

Hi, yes I realise that the reason my statement doesn't show the PPI is because I cancelled it, probably around the 2005 but will check via a SAR. It's interesting you say you haven't paid anything on your Egg card since 2010 - I can't understand why you've had no contact from anyone ? Not like banks not to drive people mad. However, I'm going to make a call to my Debt Management company just to check on the two accounts that don't seem to appear on the list just in case numbers have been changed, will be interesting!

I moved in 2004 and kept the direct debit going till 2009 but stopped using the card when it expired in 2005. Egg was bought by Citi, where I have a current account, and I gave Citi my address in 2009. Citi sold the Egg portfolio to Barcraps in 2011, I've had accounts with them till 2008 so they couldn't argue they can't find me! :grin: :grin: :grin:

[FlamingParrot]

Re: Capital one complaint upheld but......

Wonder why RBS and Capone didn't sell, preferring to keep them in-house?
Dodgy agreements, maybe?
Capone, normally sold to Robinson Way aka Robbers Way.

Yes could be dodgy agreements but from what I can suss out, think it may be amounts over £5,000 that have been sold on to either 1st Credit and/or Link Financial Outsourcing

Daisy

It really is hard to tell why or when they are/are not sold. As far as I know, none of my 3 have been sold, no payments made since Jan 2010. The 3 cards are MBNA, RBS and EGG. Never heard a peep from Egg/Citi/Barcaps (as above) but I sent SARs and CCA requests to MBNA/RBS back in early 2010. RBS returned an application form with no terms, MBNA couldn't find anything. Virtually all MBNA accounts were sold to Arrow in 2012, I've never heard anything since MBNA wrote to me in Dec 2011 "thanking me" for my letter of Dec 2010 (no typo, it WAS a year later!) and said they wouldn't enter into further correspondence regarding the fact they couldn't find my agreement. Such as shame, I was hoping it would turn up! :lol:

On the other hand, an old Citi card I'd totally forgotten about was sold to 1st Crud in 2012, with a balance of just over £350! Go figure... :noidea:

[DAISYC3CJS]

Re: Capital one complaint upheld but......

Very strange indeed there doesn't seem to be any rhyme or reason really does there on if they get sold on or not. Still can't believe you've not made any payments to Egg/MBNA/RBS and not getting any hassle about it, how lucky are you Maybe they don't bother if the balances are below a certain figure who knows. Sounds like MBNA are being very awkward! where to go from there! When I spoke to the person at Halifax, or whatever it's called now I actually asked him when my card was taken out. He very kindly told me it was 1995. When I asked the same question of Bank of Scotland they couldn't or wouldn't tell me, though the statement I have in 2004 and I don't think that one went as far back as 1995 in all honesty.

Barclays wrote and told me I had completed the form by post and one of the reasons they are rejecting it - this is on another thread - letter went off yesterday to them stating all the rules etc.

Daisy

[FlamingParrot]

Re: Capital one complaint upheld but......

Very strange indeed there doesn't seem to be any rhyme or reason really does there on if they get sold on or not. Still can't believe you've not made any payments to Egg/MBNA/RBS and not getting any hassle about it, how lucky are you Maybe they don't bother if the balances are below a certain figure who knows.

My balances are not that insignificant, MBNA is close to £8k, RBS £4k+, Egg over £3k! But I'm by no means the only one, over the past few years, a number of people have achieved this by following the unenforceability route, whereby you send a CCA request and, when they fail to provide something compliant, you challenge the account. It does work, but only if your accounts are pre-2007 (pre-2005 if applied online) :grin: :grin: :bounce:

Oh, and I did get hassle for the cards, certainly in the beginning, the usual non-stop calls and letters, but it all quiets down as time goes by and they focus on new defaulters. Usually when the accounts are sold on, you start getting fresh hassle from the new owner, but that hasn't been the case so far. ray:

Sounds like MBNA are being very awkward! where to go from there! When I spoke to the person at Halifax, or whatever it's called now I actually asked him when my card was taken out. He very kindly told me it was 1995. When I asked the same question of Bank of Scotland they couldn't or wouldn't tell me, though the statement I have in 2004 and I don't think that one went as far back as 1995 in all honesty.

It can be hard to obtain data older than 6 years, most companies will only send data for the past 6 years in response to a SAR. However, the account opening date should be on your credit agreement, obtainable via a CCA request. :grin: But if the account is closed (no balance outstanding), then they don't have to respond to a CCA request.

Barclays wrote and told me I had completed the form by post and one of the reasons they are rejecting it - this is on another thread - letter went off yesterday to them stating all the rules etc.

Are they rejecting your PPI form because you sent it by post? :noidea:

[DAISYC3CJS]

Re: Capital one complaint upheld but......

This is what Barclaycard wrote:

"Specifically you feel that we mis sold you PPI because:

you had other means to make your payments
elements of the policy were not adequately disclosed such as the price of the policy/benefits/that it was optional or it included significant exclusions and limitations
you felt you were provided with misleading or inaccurate information.

Following our investigation we have identified that your application for PPI was submitted by post. This means that at the point of applying for PPI we did not give you any advice and the process required you to select the specific type of cover you required. Our investigation also shows that when you made your application you were:

provided with information to help you decide if PPI was suitable for you. We therefore cannot agree that you were not given enough information when you took the policy out"

On the form I sent in, I had ticked I applied by telephone, though when I sent the letter off yesterday not agreeing with their findings, I stated that although I sent it by post I had taken advice in a phone call, bla bla bla

With regard to the 6 year thing, looks like if we don't have the relevant paperwork there's not much chance in obtaining it. Everything seems to be loaded in the bank's favour. However, in respect of my application to Halifax, the chap I spoke to actually gave me the very precise date, so looks like they do maybe have the information?

Daisy

[FlamingParrot]

Re: Capital one complaint upheld but......

I had misunderstood your statement about applying by post, thinking they were referring to your PPI complaint and request for redress, when, in fact, they were referring to your original credit application. Speaking of which, have you requested a copy of your Barclays agreement? Because they haven't got a lot of them, and if they haven't got it, how would they know you applied by post in the first place?

[DAISYC3CJS]

Re: Capital one complaint upheld but......

Hi, no I haven't as yet, I will see what reply I get to my letter first because as I said in my letter to them.......words to the effect so what if I did a postal application I still spoke to someone on the phone who gave me advice, so will see what they make of that and the rest of my letter:tinysmile_hmm_t2:

[FlamingParrot]

Re: Capital one complaint upheld but......

Is this a live account, a defaulted account or a closed account with no outstanding balance?

[DAISYC3CJS]

Re: Capital one complaint upheld but......

There were some missed payments, it was mutually agreed I pay £10 per month which I've been doing to clear the outstanding balance which I think is less than £500. If there is PPI due to me I would have thought it would be more than £500 hopefully.

Daisy

[FlamingParrot]

Re: Capital one complaint upheld but......

That sounds very positive! :grin:

If there is an outstanding balance, they will have to reply to a CCA request, that should produce a copy of your agreement to see how you applied for it in the first place, however, Barclays more often than not, can't find the agreements, that's why I was wondering how they claimed to know so well that you'd applied by post. :noidea:

[DAISYC3CJS]

Re: Capital one complaint upheld but......

Ooooh that sounds very interesting indeed. Their response to my letter will be even more interesting! Glad you think it sounds positive!

[DAISYC3CJS]

Re: Capital one complaint upheld but......

I am just wondering if I were successful in one Bank of Scotland PPI case that is not on my Debt Management Programme, would they be able to offset this against one that is on the programme?

[DAISYC3CJS]

Re: Capital one complaint upheld but......

OK, so back to Capital One - this morning I received a duplicate of their offer letter and form for me to sign. Having already signed the form and sent this off to them, I am now wondering whether to do the same again - maybe they will pay out twice !!

Daisy