Another update! I won't be pursuing my charges which my last post states. Anyway... Letter received with regards to PPI. They say thanks for my questionnaire dated 5th May 2012. They have checked records and confirm final response was sent on 25th November 2011. As they have already issued a final response, they will still acknowledge my letters but not change their decision. They also state that if I am not happy to complain to the FOS, however, they feel that the FOS is now unable to arbitrate on this case as they believe the complaint to be time barred. They feel this due to DISP rule 2.8.2 which states; The Ombusdman cannot conder a complain if the complainant refers it to the FOS if; More than 6 months has passed since we issued our final response in relation to this complaint. |As a result, out decision in this matter will not change. Considering they received my letter 5th May 2012, final response was 25th November 2011, is that less than 6 months? Don't I still have 20 days considering it has taken them this long to get back after not accepting their final response? What to do now...any advice?

Received letter about my charges. They're not gonna pay me them. Most likely due to the fact that I went back as far as 2005, but they are only stating the last 6 years, of which is when they started charging the £12 for the reason of them not being paid I can live with this. Still waiting to hear about my PPI however. May have to call them to chase it up!

Received a letter yesterday saying that they need to look into it which can take upto 4 weeks. Not sure if this is for charges or PPI though...

Super thanks! Thats my letter all prepped and ready to send at the weekend. I also included a copy of my initial application declining the PPI. Lets see if that will make a difference! Im also sending a different letter to claim back my charges. I will create a seperate thread for that Will keep you posted!

As i have already send a FOS questionnaire with my last letter, can I just re-send the same thing?

Hey all. PPI has now been cancelled. I have filled out the fosrunningci spreadsheet and put the interest rate at 34.08% as thats what shows on my latest statement. Whats my next step? Write back to Capital One along with the new spreadsheet demanding it back? Thanks PPI Charges.xls

Greg, they have already written to me twice offering £158.04 in full and final settlement. Im just wondering have I done the calculations correct? I did 39.94% APR as that is what I am charged on my card currently. The daily rate works out as 0.09211%. Earliest PPI goes back 2630 days. TOTAL OF CHARGES £ 131.81 TOTAL COMPOUND INTEREST £ 396.79 TOTAL CLAIM £ 528.60 If all is correct, does anyoen have a suitable response I can send to them? Initially, my claim went to the date 6th Feb 2012. I am still paying the PPI!

Update for you all. Received a letter yesterday with Cap One stating that they have reviewed my account and can confirm that they have already offered me a full refund including associated interest and 8% interest. The total offered is £120.69 in premiums, £2.75 in associated interest and an additional 8% statutory intersest of £34.60. Total: £158.014. My schedule of charges has PPI from 05/02/05 upto 06/02/12 totalling £131.81 on its own. PPI has still been taken out since then. This is what I stated on the letter: Figures were calculated with the spreadsheet I got from here. What's my best course of action now? They have also stated on the letter, as previously advised, I have the option of contacting the financial ombudsman if I'm unhappy. Any advice greatly appreciated

Court it will be then. I will have no trouble proving it as its in black and white that I didn't apply for PPI on the initial application. Surely that is enough evidence? I assume we can use MCOL when it comes to it?

Thanks. Greg: I'm not 100% sure which route to take yet. Which has the more advantage? I'm preoared to go either route. I have clear evidence that PPI was not selected when I applied for the credit card, yet have been charged.

Hey everyone, Thought I'd check in. Im still awaiting Cap One to come back to me after me requesting my PPI back. How long do they normally take? Its been over 4 weeks now and I've heard nothing...

How do I know what rate they charged me? I think this is whats confusing me. Will there be a different rate depending on when the charge was applied?

Thanks ims. So, if I use the above format you have linked to and calculate the interest at 8% or stick with the 39.94% as the new format doesn't mention about what the court would award? If both incorrect, at what rate should the interest be? Will I need to work out the compound interest and then apply that?

Ok. Letter all ready to send to request PPI. I have calculated my overlimit and late payment charges, which equal £332. For the interest on these, am I using 39.94% again on the spreadsheet? (Using CISheet v101) If so, total is £2762.75. Here is my letter ready to send to them below: Dear Sir or Madam, I am writing to request that you repay all the late payment fees and/or over limit fees that have been applied to my account. I do not believe the charges reflect the true cost to Capital One and are unfair and disproportionate. I am therefore requesting a refund based on the Unfair Terms in Consumer Contracts Regulations 1999. This is supported by the Office of Fair Trading’s April 2006 statement into credit card charges, which noted that the level of charges at the time, and prior to that period, were unfair. The charges total £332.00, plus as I believe I have been unlawfully deprived of the money I have calculated £2430.75 interest at the statutory rate, the amount the court will award. I therefore ask that you repay me the full amount of £2762.75. I have attached a full schedule of the charges and interest with this document. I look forward to a full response to this letter within 14 days. Yours faithfully,

Ok, will send out letter requesting PPI on Saturday. Is the questionnaire ok? [ATTACH=CONFIG]33326[/ATTACH] (I have removed personal info - Do I have to include it? It seems pointless as its clearly shown on my application form I never wanted PPI)... Draft FOS questionnaire.pdf

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Oh, also to add, is it wise to claim back my charges too now or wait til PPI has been sorted? Charges add up to £332! Thanks again!

In that case, I will take out Other than that, all ok to send?

Hows this? I am in receipt of your letter to me dated 30th January 2011 which included all the documents from my SAR request. I have calculated all the PPI payments to date which I have been charged and this comes to a total of £131.81. With added interest at 39.94% APR, this brings the interest total to £363.34. I am therefore requesting that you refund me the total of £495.15 for a mis-sold PPI policy that was never agreed since I signed up for your credit card facility. I have enclosed a Schedule of Charges which details these charges. I expect the payment to be with me within 14 days, otherwise I will forward my complaint to the Financial Ombudsman for them to investigate further. Please also find enclosed the FOS Consumer Questionnaire. Yours faithfully

Do I need to include FOS Consumer questionnaire also?

I'll use 39.94% then! So, that equates to the below according to spreadsheet. TOTAL OF CHARGES £ 131.81 TOTAL COMPOUND INTEREST £ 363.34 TOTAL CLAIM £ 495.15 I guess I now need to type a letter to them requesting these payments back...wish me luck!

OK. On one screenshot of their system, it shows as 39.94% but on the initial agreement when I first applied, it shows 29.94% APR (as above)? I may have to ring them to find out! Which one did you use? (Assuming you have done the same)

What APR am I putting on the spreadsheet? START DATE OF CLAIM 05/02/2005 END DATE OF CLAIM 08/02/2012 ANNUAL INTEREST RATE (APR) ????? DAILY INTEREST RATE 0.00000%

Thanks Greg. There are screenshots included in the docs of what looks like an online system where they ask the questions. (Vectus) or it may be when they process the application. Again, there is the PPI option and NO is selected. I don't recall applying for this over the phone, or even speaking with them. I've tried to read and understand the APR malrky, but its going right over my head! I understand I can also claim an addition 8% on top of charges?? Argh!

Ok, total PPI taken to date is £131.81 The APR, is this calculated by whats on the application form? It says Which figure do I use? Also, looking through the docs, there is a lifetime rate of 34.9% APR. Why so many!!??