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

[Andyorch]

Send in da Bailiffs

[joanneg]

Sorry to butt in here but have read the entire thread with great interest as could be about to start court proceedings with Capital One myself ..... Greg you did amazing!

 

Have you had anything yet?

 

Our claim dates back to 2002 so don't really know what chance we'd have due to the date.

 

Just like you apparently PPI was taken out in the activation call but no evidence provided of this call and no box ticked on the credit agreement.

 

We first complained back in August 2011 and they lost our form (how convenient) - received our final response letter this week.

 

Hubby has hounded the life out of them the past two days and they are re-reviewing our case but I can guess the outcome.

 

Having been sworn at and been cut off 6 times he is not a happy chappy.

 

If we do decide to go to court (have lots of calculations to do first) I will be coming back regularly for help and advice.

 

Well done again. Be great to hear when you get your money back

[gregorious77]

They have released a cheque and I am waiting for it. Monday is deadline set by them ironically, I expect them to be late and will phone or email on Monday and threaten bailiff's.

My advise is to stop trying to reason with them on the phone they will just waste your time with we will look into it etc.

If they have sent their final response then it is time to start court proceedings. don't worry about the fact it is back to 2002 mine was 2004 so not that different.

they will say its barred due to being over 6 years but this is not true, its 6 years from when you realised there was a mistake in your case this was 2011, I stated 2007 in mine as that is when I was aware the PPI was not part of the service and was actually voluntary.

There is no need to over complicate things in the POC part of the claim, just state the fact that you did not want it, did not ask for it and it was added despite you saying no.

write and ask for a transcript or recording of the phone call and they will write back saying they have nothing.

 

Good luck keep off the phone with them until its their solicitors you are communicating with.

 

One other thing to note is that as a LIP you can claim £18 per hour (I think check thread) costs so make sure you keep a diary of how much time you spend on writing letters and emails etc, if they phone you or you them note these times down too and keep a note of postage costs etc to claim back too.

I claimed over £400 in costs so it does add up.

[gregorious77]

Well deadline (set by them in Tomlin) was today and no cheque!!!

Phoned but no answer so message left.

email on the way in a bit.

Can I order Bailiffs now and will it cost me more money, they told me last Tues the cheque had been released!

[gezwee]

T**sers !

 

You'd need to apply for judgment to enforce the order [more bliddy money upfront]........... may be better to send them a stern reminder that unless receipted within 24 hours you'll enforce the terms of the t/o and pursue costs.

 

Gez

[gregorious77]

I am writing with regard to the consent order dated 20 February 2012.

The deadline for payment of the settlement and reasonable costs was 21 days from date of order [Para 1 and Para 2 of schedule.]

This was to be paid by 12 March 2012.

If I do not receive the sums agreed by 16 March 2012 I will apply to the court for enforcement of the consent order and seek costs in doing so.

Sound OK?

[gezwee]

Yep, short and sweet

[gregorious77]

They recon cheque was posted 2nd class on 9th.

[gezwee]

Tight gits!

[gregorious77]

yeah, could have next day'd it eh.

Shows their utter contempt towards the courts though doesnt it!

they simply do not give a **** about anything a little county court orders them to do.

I take it there is no one I can complain to really.

[gezwee]

Not really, your complaint would be to enforce the order. Bet it turns up later in the week with todays date franked on it though!

 

Send them a statement for the interest accrued whilst in default of the t/o, should p*** them off just enough to make sure its been posted

[gregorious77]

Got it today! at last.

No franking on the envelope though but letter dated 9 March 2012.

[gezwee]

Nice one, really pleased for you mate.......... straight in the bank and off to the travel agents then

 

Gez

[gregorious77]

already in the bank

Depts to pay off and family holiday on the cards for sure.

Can someone change the title please to won.

[cerberusalert]

Thread title updated.

[gezwee]

Thread title updated.

 

Thanks Cerb

[Andyorch]

Well done Greg

 

Got there eventually.

 

Regards

 

Andy

[gregorious77]

Thanks to you guys too.

[ro284]

Well done gregorious, this success, following all you hard work. is so helpfull and encouraging for people like me, just starting the battle!Regards Ro

[gregorious77]

Made a donation to the cause too!

[gezwee]

Nice 1

[gregorious77]

Holy thread revival batman!!!!

I received a letter from Capital One today stating " You, or someone acting on your behalf, complained to us previously about our sale of your PPI policy. We rejected the complaint because your policy was not mis-sold.

 

Following a supreme court decision and new rules and guidance from the FCA, you can now make a new type of complaint to us about the sale of your PPI policy.

 

You could now receive some money back if we took a high level of commission on your PPI ploicy but didnt tell you this.............

 

Its free and simple to complain bla bla bla."

 

So its all come from some case law where it was proved that there was an unfair relationship (Plevin v Paragon Personal Finance LTD).

 

Funny that I was also alleging the same for my case which caused it to be re allocated to Fast Track!!!!!

 

So I agreed a payout. does that mean I cannot claim? Does it make it more complicated? should I just fill out the form and see what happens?

[dx100uk]

i'd fill it out

but i'm reading in most cases because you already had a payout it excludes you

however I know 2 people that got £1000's out of PPI with cap1 that have been sent an additional cheque regarding plevin without even asking for it..go figure..

[gregorious77]

weird eh.

Website takes me to Resolver which states:

 

• If you have previously made a PPI mis-selling claim and been rejected, then you may be able to make a separate claim under the Plevin ruling.
  
• If you have previously had a successful claim for mis-sold PPI and had money returned to you then you are not eligible for another claim.
  

They say in my letter I was rejected but I was paid out on a Tomlin order but they always said I was not miss sold PPI.

[dx100uk]

I think you'd better remind them then.

 

left arm doesn't know what the right tit is doing..

else you could find them trying to reclaim any plevin handout