Cap One not refunding charges to me but to DCA but debt is settled, so what to do?

tifo

This is an unusual situation i find myself in and would like some advice please.

In April 2007, I settled an account with a DCA to whom Cap One had sold the account to. I paid the whole amount of £800, which included around £400 of charges. The DCA offered me a sum in compensation of additional (5) unlawful defaults it maintained for 2 accounts. They used the compensation to settle this and the other account they had. No money exchanged hands but it still means I paid the whole debt off with 'cash', i.e. they paid me compensation and I paid this back towards settling the accounts in full.

In May 2007, I reclaimed the £400 of charges from Cap One, who offered to pay the difference between each charge and £12 and said they've sent this to the DCA. I wrote in to explain the situation and that I wanted the refund paid to me but did not get anywhere.

I then passed it to the Ombudsman and Cap One offered to pay all the charges but again to send the refund to the DCA. I did not accept this and showed the FOS that i'd settled the account at the DCA in full. This did not matter to them and I got the unusual (and very biased) decision that since I had not paid the bank (even though i'd paid the DCA it sold the account to) I was not entitled to the refund and if the DCA cannot have it then Cap One can keep it towards the write off they made when they sold the account. The decision got reviewed and even went to the Independent Assessor but it stood as it was set in stone. The whole process at the FOS took nearly a few years.

So forward the present. I've wrote to Cap One and asked for a refund and they cited the Limitation Act since my charges were from the whole of 2002. However, I am out of the 6 years because of the bank and FOS and the unfair decision i've had on this claim.

I wrote back quoting s.32 of the Limitation Act (the bank misrepresented facts to me) and the bank has responded with the OFT report and how £12 is fair blah blah since 2006. This is irrelevant to me since I am claiming from 2002 but that's the last reply i've had from them.

So where can I take this? It's clearly unfair for the bank (and FOS) to want to pay the refund towards an account that has been settled in full and I feel i am fully entitled to receive a cheque from Cap One.

Thanks.

hicskis

You've been pushed from pillar to post for years - banks are good at doing that so as to run you out of time - get legal advice - try the CAB (Citizens Avice Bureau)

natweststaffmember

UTCCR 1999 does not give a time limit for reclaiming and leaves it to national courts as was argued in the House of Lords Appeal in the bank charges case so limitations act does not apply really.