Are Capital 1 contacting customers? ***WON***

[gregorious77]

My mum phoned me today to say she has had 2 phone calls from capital something asking to speak to me.

They wont tell her anything and just say they will phone again another time to talk to me.

I closed my account with them 5 years or so ago but had a maxed out £3K credit card with PPI for a number of years.

I was going to send off a SAR to them but it appears they might want to contact me instead?

Anyone been approached?

I did phone there customer services but they cant access my account details and said I should write to them.

[gregorious77]

I just remembered I have a copy of my credit report and actually had the card from 2004 and cancelled it in 2008.

[gregorious77]

No I closed the account by paying it off. I got a loan and paid off all my cards to get out of endless dept.

[gregorious77]

I have told my mum to get a name and number I can call to see what they want.

[gregorious77]

I am going to claim the PPI back as they made me have it and were very pushy when I tried to cancel it years later.

[gregorious77]

I am going to send a SAR but I only phoned them because they are trying to get hold of me, I have no idea why as I have not had a card with them since 2008.

[gregorious77]

Sent off SAR today.

[gregorious77]

Well Got all the info today!!

No point being paranoid about signatures as they do keep originals on file you know!

My original application form is there with PPI ticked as NO

There data screen dump shows PPI Required NO

1st statement has PPI added along with the next 3 years or so!

Now going to put it all in a spreadsheet and work out what is owed to me.

I hav'nt looked at the option of adding interest yet, can someone point me in the right direction of what I can claim? is it based on APR?

[gregorious77]

This makes my claim over £3K for £880 PPI charges! Does this seem right?

Do I put the end date as today or when the PPI ended in 2007? I cancelled it in 2007 when people started finding out about the [problem].

The interest rate for purchases was 26.94%

I had previously filled out the same spreadsheet but at 8% statutory interest which came out at £1200 ish.

I need to make sure I get this right so they dont try and fob me off too much (I know they will and am happy to go to court.)

[gregorious77]

See attached!

Cap1CompoundInt.xls

[gregorious77]

8% on top as well?

So correct me if I am wrong 3305.32 + 8% = 3569.7456

[gregorious77]

Ok going to print all this at work tomorrow and send it of pronto.

These loosers have really ticked me off, I was sure I was miss sold this and now I know for sure. No policy details on file, no signed agreement, boxes ticked no on forms and computer.

These people are crooks and should be treated appropriately.

[gregorious77]

A few last questions before bed.

Is there a LBA Template that I can mod, In my case I was not sold PPI but rather just given it without knowledge. I have no records of agreements from CAP1.

Do I go in with LBA straight away or do a preliminary letter first?

[gregorious77]

Plelim written and signed, fos paperwork complete, all ready to send off signed for. they will have 14 days from receipt of letter to pay me what I am owed!!

Delaying attempts will not work.

[gregorious77]

They signed for it today, 14 Days and counting!

[gregorious77]

Well I got a letter this morning! it reads as follows:

 

"Thank you for writing to us about your capital one account

 

It is going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to answer you within eight weeks of this letter.

 

If for some reason our investigations take longer than eight weeks, we'll contact you to tell you why this is.

 

Thank you very much for being patient while we collect the information we need.

 

(Stuff about 0844 numbers)

 

Yours sincerely

 

Liam Quegan

Head of executive response centre."

 

The two weeks I gave them to refund me is up on Tues 5th Aug.

Should I respond to let them know this is the case, or just wait and send LBA on the 5th as originally intended?

They say they are gathering the details but they have already done this surely when they issued my SAR.

[gregorious77]

I will send a letter back stating the original timescale still stands.

Just wondered if it went to court could they complain I didnt give then enough time?

[gregorious77]

Going to write a LBA tomorrow at work and get it sent off, the 2 weeks is up Tuesday!!.

[gregorious77]

Cant find a LBA Template! can someone please link me to one.

Cheers

[gregorious77]

They have received the LBA on 03/08/11 so they now have until 17/08/11 to give me what I am owed or we go to court!!

I am not too bothered if I have to as I have done the money claim thing before to Natwest and it is pretty straightforward.

[gregorious77]

Well well well, received a letter this morning from Cap1, they are sure 100% I was not mis-sold PPI, they say when I phoned to activate my card I decided to take it out during that phone call and would not have been advised to etc. they also say I was entitled to have it and was insured ok.

they give the date of the phone call and say I would have received a copy of the PPI terms in the post after this call.

On the SAR they sent neither the phone call or the T&C for the PPI were included or even mentioned, they have enclosed a copy of the terms in this letter though.

The letter ends saying this is final and I can complain to the FOS if I want.

Have they broken the law by not supplying details of the telephone call and the T&C in my original SAR?

should I bother to write to tell them this or just include it in my evidence for the county court?

[gregorious77]

Just looked back through all the info they sent and my original application says decision is: refer, this is more likely the reason I had to phone to get them to accept the application.

As for information on the phone call there is none, all I have is a list of stuff and on the 27th it says "00001 card activated 27/05/2004 GDIGDA"

Should I now ask them for the telephone conversation recording and report them for non compliance?

[gregorious77]

Ok, well they have mentioned the telephone conversation. They are adamant that you took out the PPI at that the time when you activated the card. Therefore, they must have a record of that telephone conversation for them to be so certain.

 

IMHO, if this is the case.. then they should be able to provide you with a record of that call/conversation.

 

If they cant, then they are unable to assert with any credability that the call took place.

 

Ask them for a copy of it and also copies of the PPI contract they say they DID send to you.

 

It seems to be standard practice for Capone to say that the PPI was taken out via a telephone call, when they are unable to prove via the original agreement that you did !

 

Almost certainly if they stick with their mantra of the telephone call, then you want evidence of it.. via their call logs/recording.. If they cannot / will not provide then I suggest a complaint to the ICO

 

 

HTH

 

They have sent me a very poor/unreadable photocopy of the PPI terms and conditions with this latest refusal letter. There was no copy of it in the original SAR but there were copys of previous letters I had sent and they had sent back regarding a previous SAR for unfair charges.

I think they have tried to ignore this because last time I sent a LBA for my unfair charges I did not take action due to it being when everything was frozen pending the test case for charges.

They probably think I will just drop this case too but I am not going to do that.

I will write a letter asking them to comply with the original SAR and send all other information with regards to telephone recordings etc.

I have noticed that on some of the screen dumps there are windows for notes but these have not been expanded so I cannot read all of the comments only the last 1 1/2 of the potential list.

I would like to hear this phone conversation as I believe they made me take PPI to get the card hence the refer remark on the file, I didnt have it on the 2 cards I had before this one ( I took this one for credit transfer) because I always tick NO.

[gregorious77]

How does this sound? My writing skills are not that great!

 

"I am writing in response to your letter dated 11/08/11 in which you stated that I purchased PPI during a telephone conversation on 27/05/04. I do not have any reference to this conversation in the data supplied by Capital One in the subject data request dated 05/07/11. If you have data regarding this telephone conversation where you say I purchased PPI from you then you have breached the data protection act 1998 by withholding this personal data from the subject access request and I will be bringing this non compliance to the courts attention.

I request that you send me any evidence of telephone recordings that you have and a copy of the PPI contact sent at the time.

If you cannot or will not supply this evidence then you are unable to assert with any credibility that this call took place."

[gregorious77]

That sounds good to me.

I will scan the leter they sent me later and upload it, its a load of tosh.

He says after a full review of my account he can confirm the following:

Then 3 points all a large paragraph, which are actually all just 1 point really just worded differently.