What did they win?

Hi Thanks for showing interest. I dropped the papers off at court the other day and received the notice of issue today. Cap 1 now have to reply by the 7 Dec. Missy

Hi Thank you for your advice. I am not sure which costs you mean. Do you mean the court costs? Which bits should I take out to make it less in depth? Thanks Missy

Hi Just checking in to see if anyone managed to have a look at my POC found in the post #33 above. If it is OK then I can get it submitted. Thanks

Hi I have my POC and would appreciate someone giving it the once over. 1. The Claimant Applied for a credit card account with Capital One Bank PLC in April 2000 and the account was opened in May 2000. The account number is XXXX XXXX XXXX XXXX 2. The claimant did not tick the YES box for PPI on the application form for the credit card. 3. The Claimant contends that the PPI was added to the account in despite it not being requested. 4. The claimant contends that they have not signed any agreement for PPI with Capital One Bank PLC. 5. The claimant contends that they did not receive any PPI terms and conditions from Capital One. 6. The Claimant contends that the PPI relating to the Agreement was not suitable for purpose because they were in secure full-time employment with no risk of redundancy, offering generous sickness benefit of full salary for 6 months and half salary for a further 6 months. They were also in receipt of an Armed Services Pension and had a life insurance policy. 7. The claimant contends that they would not have knowingly agreed to PPI in any circumstances. 8. The claimant contends that they did not understand the reference to PPI on credit card statements and assumed these were part of the standard charges for the credit. 9. The claimant contends that by adding this policy unknowingly Capital One breached paragraph 8.6 of the banking code. 10. The claimant contests that adding this policy unknowingly was not a fair or reasonable obligation as it was not required or wanted. 11. The Claimant believes that a reasonable level of care and skill was not offered when adding PPI to the account and that therefore Capital One Bank PLC failed to meet its obligations under the terms of section 13 of the Supply of Goods and Services Act 1982. 12. The Claimant contends that there should have been a system of supervision and checking in place to ensure that such errors, omissions and misrepresentations were noticed, and corrective action taken, and if there was no such system in place, then that should also be considered as a failure of Capital One Bank PLC to meet its obligations under the Supply of Goods and Services Act 1982. 13. The Claimant contends that the PPI was sold with a view to meeting sales targets and providing bonuses and commission for the Manager and staff, rather than to help the Claimant attain a better financial position. 14. In paragraph 12, the Claimant contended that there should have been a system of supervision and checking in place. The Claimant contends that the very fact that such a system was not in place, or that the system failed to identify the errors, omissions and misrepresentations highlighted elsewhere in these Particulars, should be considered as evidence of a policy of “turning a blind eye” by senior company management whose careers and remuneration are also reliant on bonuses, incentive schemes and sales targets. 15. In the light of the contentions made above, the Claimant asks that the court consider that an “unfair relationship” exists under the terms of section 140A of the Consumer Credit Act 1974. Should the court decide that section 140A does not apply; the Claimant contends that the actions of the Defendant grossly contravene ordinary principles of fair dealing as outlined in section 138 of the Act, and therefore Agreement A and Agreement B should each be ruled as an “extortionate credit bargain”. 16. In considering this, and all matters in this claim, the Claimant asks the court to take into account the following Principles of Business which are legally binding on Capital One, under the Financial Services & Markets Act 2000, and are contained in the FSA Handbook: Principle 1 Integrity - A firm must conduct its business with integrity. Principle 2 Skill, care and diligence - A firm must conduct its business with due skill, care and diligence. Principle 3 Management and control - A firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems. Principle 5 Market conduct - A firm must observe proper standards of market conduct. Principle 6 Customers' interests - A firm must pay due regard to the interests of its customers and treat them fairly. Principle 7 Communications with clients - A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading. Principle 8 Conflicts of interest - A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client. Principle 9 Customers: relationships of trust - A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment. 16. The Claimant contends that the Defendant has been given ample opportunity to seek a resolution to the matters raised in this claim, and their outright refusal to even enter into discussions is a clear breach of the Financial Services & Markets Act 2000. 17. The Claimant seeks the sums, as listed below, against the Defendant under Common Law, and/or section 140B of the Consumer Credit Act 1974: £1185.51 PPI Payments. £2867.86 Compound interest @ the lenders purchase rate 20.89%. Total £4053.37 18. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 18/05/00 to 28/08/2011 of £2416.63 19. The claimant contends that the limitation act 1980 should not be used as a defense in this case as the claimant did not discover the PPI was added and optional until May 2011. Limitation act 1980 32(1)©

Hi again I have just found out the agreement was a hire purchase agreement. This I dont understand. The guy went to a garage to buy a car, asked for and was given finance. I dont understand why he was given a hire purchase agreement. Should it not have been a straight car loan. Is there a higher level of commission? This car was purchased from a Vauxhall dealership in Harrogate. Does anyone think he was missold this product and if so is there any comeback on the dealership? Thanks

Thanks for the quick response. I have spoken with him on the phone tonight and he still has a copy of the original agreement he signed. Should I look for anything in particular that could make this final admin fee non payable.

Hi My daughters boyfriend has just had a shock from Santander and has asked me to help. The final payment on his Abbey car loan is due and he was expecting to pay a normal payment of £90. However he received a letter saying his final payment was going to be £90 + £290 final admin fee. He phoned customer services and was told this fee was in the contract he signed when he first took out the loan and if it is not paid the car will be repossessed. I suggested he tries to find the contract however he is very adamant this fee was not made clear when he took out the loan. I read on another forum that if you settle the loan at least 1 month before the final payment is due then the final admin fee does not have to be paid. Anyway any help or advice on this matter would be appreciated. Regards

Hi Thanks for the link. I read through with interest and also found a copy of a POC This claim seems to be for a credit card account. Can someone tell me if it coveres all the relevant legal points. I see there is a figure for the amount being claimed but there is no mention of the compound interest figure. Regards

I am now in a position to go ahead with court action. I have searched this site and there seems to be a wide variety of options of help with the particulars of claim. I want to make sure I get this right first time and am very keen to ensure I have all the relevant legal points covered. Can anyone please help with the wording of the POC that covers a missold PPI on a credit card. Thanks

Hi I am helping my mother in law with a claim for a higher pension. At the monent she only gets a pension of about £50/week and she thinks she is entitled to a full pension. Herwork history is long but checkered as she has worked in a few different places. Her husband was in the army serving in Germany and so she worked over there for organisations like the salvation army recieving a weekly wage with a payslip. Returning from germany they both ran a pub for 14 years and paid NI contributions both individually and as business owners. When the time came to collect their pensions The husband now gets a full pension but my mother in law gets what I said above. They have writtten a few times with complete work histories but are told there is no record for large gaps in that time period. When they told me the saga I thought maybe I could help and thought I could start by asking for all the info they have on her by issuing a SARN. Is that feasable? Would it get me all the info I am looking for? Would I have to send to different sources? Finally, Is there a complaints procedure/tribunal she can appeal to? Regards

I would seriously consider using small claims court. I read in so many other threads where people have gone down the FOS route and have had to wait months and sometimes years. I threatened Cap1 with court and got an offer of settlement within 10 days. The only language they understand is the strongest type. regards

Hi I understand your concern however I am almost sure they will not allow it to go to court. Have a look at my thread and the letter I sent http://www.consumeractiongroup.co.uk/forum/showthread.php?309877-Missold-PPI-Capital-One I am in the exact same situation with capital one where they are saying I agreed over the phone then sent docs in post with 30 days cooling off period. The whole thing is fiction. I basically asked them to prove all of it. Here is a copy of the letter I sent Regards

Hi Send them LBA and give them 14 to settle then take to court. See this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?309877-Missold-PPI-Capital-One As long as you dilly dally then so will they. If the ombudsman has said they have to pay than that is the end of it. Go down the small clams rouote, it is the only language they understand. They have stolen your money and no amount of reasoning will make them pay it back unless there is a court order. good luck

No it is Liam Quegan, Thats got to be a made up name. I have already sent a LBA and it was up a week ago. I have told them it is on hold during this round of negotiations. I will start to compile the court papers this weekend ready to send if they refuse, again to pay my claim in full. Regards

I can see the figures and can see exactly what they have done. They have tried to bull**** me. At every stage they try and to introduce confusion and muddle with their bull****. If you remember two letters ago they were denying any wrongdoing and now they are offering me half of my claim. They are just a bunch of lying, thieving bull****ters. Pardon me for getting carried away. If this were any other industry the police would be called in. Anyway what they have done is totalled up the premiums, added a bit of interest and I mean a bit, less that £100 and then added on 8%. I mean who do they think they are dealing with here. Do you recon they are all sat in their offices saying "hey look at this letter I am sending it's hillarious" and they other numpty says "ok I can beat that watch this" then goes on to send out some other garbage. Joking aside I will be refusing their offer and going for the whole amount, nearly 3 grand. Regards

Ok here is the working out for 1 premium and an interest rate of 20.89% APR (taken from statement) which is 0.05199%/day £8.12 paid on the 18/09/2001 works out a 3567 days times the daily rate = £43.73 Totals £51.85 If it goes to court I would add the 8% £6.37 giving an overall total £58.22 So if I don't go to court I would be looking for £51 85. This calculation is carried out on all premiums.

Please find attached the reply from Cap1. I have removed the figures ( not sure why) and they have offered in full and final settlement about half of my original claim. Regards cap1 2.pdf

I sent Cap 1 a reply that said this: Cap 1 have replied to this leter and I will upload that later. Regards

OK so I will write to say if they had phoned and sent letter regarding PPI back in 2001 then they should have included that information in the reply to my SARN so my claim goes ahead.

Hi The alleged 'phone call' was 2001. What do fellow CAGers think about the 'selling PPI on a non-advised basis'? Is this just some more ducking and diving. I want to make sure I cover all bases before I go down the court route.

OK Thanks for the advice. I will write and say the LBA deadline is on hold is on hold until I investigate their claims further. I will then ask for evidence of the letter they sent, I dont think they will have a record of the phone call because hey did not record calls back then or at least I dont think they did. Would they have recorded the fact that a phone call happened? Regards

Do I get them to prove the phone call or the subsequent letter. If they cannot then their case falls apart.

Hi Thanks for the heads up. More secure attachment now uploaded. ppi.pdf

Hi Pleae find atttached a letter from Capital One in reply to my PPI claim. After a SARN I sent claim for miss selling. They said they would look into it and it would taks 8 weeks. I replied saying no way Ivew been cheated and gave them 14 days notice with a letter before action. The lfirst part of the etter below sumarises the reason for my claim. They say I agreed to sign up over the telephone and was sent a policy and a 30 day cooling off period . I do not remember any of that. In fact in reply to my original SARN they said they did not have to send any info about my PPI because it did not come under the DPA. I know I should have followed that up. Because if they sent me a letter confirming my agreement to PPI then that should have been sent. The funny thing is the letter below says they include a copy of the policy document, Guess what? No policy document. lol I stand by my original assertion that I did not need PPI due to my secure circumstances and so would not have agreed to buying it. I would like some advice on how to proceed please. My 14 day LBA has now expired and I am tempted to call their bluff. However to start a claim would cost me at least £100 and I would like some reasurance I am on firm footing with this. Regards Missy