thegfb vs Capital One

[thegfb]

I put this off whilst I concentrated on my personal loan PPI claims and the amount is relatively small I think (a few hundred sheets at most) but today I've drafted out a SAR to Crapital One that will be sent recorded with a £10 postal order tomorrow

 

It was on a credit card that I had with them from 2004 until I closed the account in 2008. At some point during that time I had a pushy salesman phone me up and gave me some spiel about peace of mind for just 79p per £100 of my outstanding balance each month or something like that, my payments would be covered etc I certainly never ever signed anything for it.

 

I have a bit of a problem in that after I closed the account I shredded all my docs including statements (this was before I was aware of PPI misselling). Unfortunately I don't even have the account number (I can get the last 4 digits from my Equifax report) but I'm hoping the SAR helps me out here.

 

On the other hand just from browsing these forums, it seems like Crapital One are very reluctant to hand out any information without a fight so watch this space...

[thegfb]

SAR sent, feels good to get things moving

[thegfb]

Cap One replied to the SAR request saying that they need a letter with my signature on before they will do anything, and then the 40 days begins in which they have to respond.

 

Is this actually the case or are they fobbing me off?

[silverfox1961]

If they have been contacting you at your present address, they shouldn't need your signature but they will get stuffy about it until you either:

Force complaince

or

Give them your signature.

I prefer the easier way. If you are truly worried about them using your signature in a way they shouldn't, just copy and paste the image below to your letter

 

 

 

[thegfb]

Hi, thanks for the reply.

 

I'm not worried about them getting my signature, I'm just wondering if they are bull****ting me about when the 40 days starts?

[silverfox1961]

If a creditor has good reason to query the identity of the person requesting the data, they can ask for ID and the 40 days doesn't start until they are satisfied.

We tend to see it as a stalling tactic

[citybloke]

I raised my compllaint for mis-sold PPI to Cap1 in Jan this year for a credit card account PPI. My reason for mis-selling was that I was self-employed for the duration of the PPI.

 

Within 8 weeks they settled with no argument in full + interest + 8%.

 

So if you have a genuine reason for mis-selling, then stick at it and you will get what you are owed

[thegfb]

Thanks, I've got no reason for them to not have my signature so I sent a short letter back to them with it on.

[thegfb]

Just a bit of an update, I sent the PPI complaint off in September 2012 and they have only today responded, shocking:shock:

 

As you might expect, it's the usual 'thank you but **** off' spiel, holding out as long as they can in the hope I'll get bored...

 

It made me laugh, despite it being their 'final position' it says something along the lines of "as for the sale being pressured, we highly doubt this is the case because our staff are highly-trained. However if you still feel this is the case please contact us again". They have totally dodged the issue that they could not make a decision if that it was not missold without listening to the call or reading the notes, and implicitly admitted they don't have any record of it. They have also claimed that I took the PPI out when I made the call to activate the card, but in fact it was some weeks later in an unsolicited phone call that they made to me.

 

I'm gonna sleep on it and send one more direct letter tomorrow as I feel they might still break without getting the FOS involved (especially since my total claim is expected to be lower than the £850 that the FOS would automatically fine them just to investigate my complaint).