Help with Capital One Please!!!!!!!!!!!!

[Dolly G]

Hello

 

I have received this application form from Capital One as my agreement for credit card I had opened by post back in 1998, the account is now closed.Received this only in March 2010 after asking FOS who did not up hold my claim for a full refund of PPi Premiums.

 

After applying for a SAR request in 2006, 2007 I do not have a copy of T&C for 1998 they sent only copy of T+C for 2000 on 26.10.09.

 

I wish to take them to court raising a summary cause action in scotland. The site here offers help for beginners like myself and inspire us to challenge and ask for our advice before starting proceedings against creditors.

 

I believe I do need to make 2 seperate claims 1. For PPI Premiums 2. Late Payment Fees.

 

Can any one check will this be suitable for Claim (Form of decree or other order sought)

 

The Pursuer clams the defender the sum of £627.00 with contractual interest on that sum at the rate of 23.99%,annually from the date of service(together with expenses of bringing this action ).

 

The Mis -selling of PPI under s78 CCA 1974.

 

Policy exclusions were not pointed out to you.

The full cot of the PPI was not made clear (i.e. no seperate indication of the actuall PPI fee).

Non Provision of relevant documentation sec 78. of the Consumer Credit Act 1974.

 

 

Any help would be most welcome.

 

Thankyou all for reading this rather long message.

 

Dolly G

Capital One.pdf

[maroondevo52]

Hi,

 

What are both amounts you are claiming.

 

Regards.

 

Scott.

[Dolly G]

Hi maroondevo 52,

 

1. PPI Premiums £722.60 + Contractual Interest at 23.99 %

 

2. Late fee and Over Limit Fee - £627.00

 

Is it acceptable to make 2 claims against the one Creditor or best to wait a few months in between.

 

Many thanks

 

Dolly

[Dolly G]

Bump.

[maroondevo52]

Hi,

 

I would think it would be ok to make two claims at the same time.

 

Sorry, I'm really not sure about the PPI claim, never done or been involved with one, I'll see if I can get some help with that one.

 

I would issue a Small Claim for the charges as there is less risk involved, also the Court do all the work for you regarding issuing papers ect.

 

With a Summary Cause action you would have to employ a Sheriff Officer to serve the claim, not sure what their fee's are now, think it cost me about £17.00 with my claim against Cap 1.

 

Regards.

 

Scott.

[Dolly G]

Hi ,

 

Thank you for your reply, going through Late fees with contractual interest this would take this out of small claims unless I did make a claim for £3000 only.

 

Would say at the local court they did question a late fee for 2000 and told me to contact a solicitor.

 

Any further thoughts would help.

 

Many thanks

 

Dolly

[maroondevo52]

Hi,

 

If thats the case you would have to use a Summary Cause action, but I think splitting the claim would be adviseable.

[Dolly G]

Hi,

 

Thankyou, I will do seperate claims.

 

Summary Cause Summons - Payment of Money

 

Form 1

 

Claim 1 - PPI Mis selling - The Pursuer claims the defender the sum of £964 with contractual interest (or should it be Purchase rate)? at the rate of 23.99%, annually from the date of service together with expenses of bringing this action.

 

Appendix 1 - PPI Fee Premiums

 

The Mis-selling of PPI under s78 CCA 1974.

Policy exclusions were not pointed out to you.

The full cost of the PPI was not made clear(i.e. no seperate indication of the actual PPI fee).

Capital One Bank failed to advise me that I would get better interest rate or the PPi would cost much less if I took the PPi policy out with another insuerer.

 

 

Non Provision of relevant documentation sec.78 of the Consumer Credit Act 1974.

 

The Pursuer has repeatedly asked Capital One Bank to refund the PPI fee Amounts,or offer PPi Policy,or Credit Card Agreement.

They have declined to do so.

Pursuer received application form 11.03.10 - since first letter 29.01.07.

 

 

Thank you for replying and giving helpful advice.

Does this need any sorting out as I wish to fill in Form 1, I have never done this before.

 

Dolly

[Dolly G]

Comments please.

[IdaInFife]

did the fos give a reason as to why they would not uphold it?

[seriously fed up]

Hi Dolly G, Ida asked me to drop by on this one.

I have attached - edited - you'll know the edits (eg "me" isnt the pursuer) and I have left blank the parts you have to fill out for yourself (eg Court/ name and address etc) - a small claims form which I have used in the past. I have to admit to shamelessly copying this from Govan Law Centre's site (there is often good advice on there - also re bank charges, I think Sharp v Bank of Scotland is on next Friday - that could be a good one). But if you find it useful - and its the narrative bit where you explain why you are claiming and how much that is the tough bit and this is what I took from GLC.

I have also attached an excel file to help you work out - including interest (just put in the amount and the date the charge was imposed and it will work out the interest - at the end calculate the total for charges and add this to the total interest they will have charged and that's how much to claim) - what you should claim from them.

Hope thats of assistance to you.

Let's know how it goes as I have Crap 1 in my sights too, and some insight into their reaction would be useful. Thanks

SFU

small claim form.doc

charges calculator.xls

[Dolly G]

A Good Afternoon to Ida File and Seriously FedUp,

 

Thank you both so much for such detailed information. I will work on this now and post up and print for application to Court.

 

Here is my reply from FOS re: claim for PPI Repayments. I am disappointed when I required help in financial difficulties Capital One would not accept my claim as I was not registered with the job centre.

 

 

Once again many, many thanks

 

Dolly G

FOS Reply.pdf

[seriously fed up]

why would they not pay when you were unemployed? Surely you werent self employed?

[Dolly G]

Hi

 

Capital One would not register my claim as I was not registered at the job centre and in receipt of any benefits.....

 

Many thanks for replying

 

 

Dolly G

[seriously fed up]

Was this because you had been self-employed and wouldt have got benefits? If another reason, it doesnt matter - just exploring whether there has been mis-selling

[Dolly G]

No I had been in full time employment until I was made redundant, yes first time in my life.

 

So what can I do except challenge in court.

 

 

Dolly G

[seriously fed up]

I think the problem you might have is that while unemployment should mean the policy pays out, you might find that they define unemployed as being signed on and available for work/looking for work. You will need to look in the fine print. If it is defined that way, would they make that clear when you bought the policy? To quote Eliza Dolittle "Not bloody likely".

Not saying that youl shouldnt put in a case, but I am pretty sure that is what they will rely on. Ceck the fine print to see how they define "unemployed". If they dont, then hammer them with that in court. If they do then you can claim this was pointed out to you. But that is going to be harder.

[Dolly G]

Hello

 

The issue is a PPI Policy Book or document to date form 2007. I have not received one this is probably not unique to me. Sure more experienced caggers will be more up to date. The point I want to make is do I take the Capital One ultimately to court it is not an easy decision.

 

Many thanks

 

Dolly

[seriously fed up]

The problem that you will have is that they will say you did get this - they will swear this one their mother's grave. Moreover, if they say they sent it, then a court might well decide that they have done all they need do. Sending out - and they will produce a procedure to prove this - is often all that is expected (they dont run the post office, i suppose).

On the other hand, if you can show this wasnt unique to you then you put them on the back foot, as it shows their procedure wasnt all that they will big it up to be. I would look to see how much evidence like this you can get before going on to a war footing.

[Dolly G]

Serously Fed Up

 

I will start looking for more evidence to support i was not the only one.

 

Quote:

I have a letter form them in 2008,admitting they were fined by the FSA regarding the sale of PPI. Unfortunately ,due to a system error a number of our account holders were sold PPI but were not sent the terms and conditions for the PPI.Therefore, they wouldn't have been aware of the full restrictions and exclusions of the policy.

 

We have contacted all the account holders that were affected by this and have taken appropriate action.I'd like to assure you that your account was not one of the ones affected so we have not contacted you about this.

 

 

Thankyou I will start to do battle with the lucky Capital One.

 

 

Dolly G

[seriously fed up]

that is a start for sure. Was there a "support group" set up to move this forward?

really - the more the merrier