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

[ims21]

Hi

 

They are too small to read.

 

However, I can tell you that they are the standard Cap1 response at the moment. Everyone seems to be being told they bought the ppi it on the phone by Cap1.

 

Forget what they say and persue your claim.

 

Regards

 

ims

[gregorious77]

ppicap1.docWhy are the piccys so small? this is unreadable

I will past into a word doc

[ims21]

Like I said...stock response.....ignore it and carry on

 

Regards

 

ims

[havinastella]

Greg,

 

Can you post up the Original letter you sent requesting the PPI back!

 

Thanks

 

JOgs

[ims21]

Hi

 

Don't forget that your claim will include 8% statutory interest on top of your existing figures.

 

Regards

 

ims

[gregorious77]

Greg,

 

Can you post up the Original letter you sent requesting the PPI back!

 

Thanks

 

JOgs

 

Dear sir/madam,

 

I believe I have been mis-sold a PPI policy and would like to request a full refund of my premiums plus interest paid.

 

I took out a credit card via post with capital one in may 2004. I ticked the NO box for PPI but this was still added to my account without my knowledge or understanding.

This cost me an extra £883.73 over the life of the loan. the total ammount of my premiums plus interest is £3307.48

 

When I took out the credit card I ticked the box to say NO to a PPI policy. Your data shown in a screen dump also says NO to PPI. Despite this PPI was added to the account anyway.

 

I have not signed an agrement with Capital One for PPI and have not received any information about PPI from capital one.

 

I did not need PPI on my credit card as I was in a secure job ( I still work for the same company) and I had other means of paying the dept if required to.

 

I would not have knowingly agreed to PPI in any circumstances and at the time did not understand the reference to it on my staitments. I was under the impression it was part of the charges for the credit.

 

Once I was aware of what PPI was and that it was not mandatory in 2007 I phoned to cancel my PPI, this was made harder by the customer services advisor telling me this was a risky thing to do and I had to be very firm to have it removed.

In forcing me to buy this policy unknowingly, you have also breached paragraph 8.6 of the banking code, to which you are a signatory.

 

I do not believe being forced to buy this policy as part of the credit was a fair and reasonable obligation as I did not need this insurance and said at the time of taking the loan that I did not want it.

 

I am requesting a full refund of all my insurance payments, plus interest, which total £3307.48.

 

If I do not receive a full refund within 14 days of receipt of this letter I will send a LBA giving a further 14 days before court action.

[havinastella]

Many Thanks

[gregorious77]

What on earth did you halt your claim for charges for.. it wasnt subject to the OFT/Banks claim in respect of unfair charges.. that was for Current accounts only ? If you have charges... reclaim them.

 

I do have charges on this old card as well for at least £256 they offered and paid me £88 which was the difference between the £20 od they charged and the £12 they think is fair.

[ims21]

If you didn't sign a F&F you could go for the remainder and of course the interest as well.

 

Don't forget, this is a bank you're dealing with....do you expect them to be fair or tell you the truth?

 

Regards

 

ims

[gregorious77]

I have the letters in my latest SAR stating I did not accept as FAF and even said they could take back the £88 if they liked.

My last letter to them was LBA then I took no action

[ims21]

Nothing to stop you starting it up again...its up to you

 

What do you want to do?

 

Regards

 

ims

[gregorious77]

I want all my money back really.

Can I just add it to the court claim though or will I have to start again?

[ims21]

Hi

 

I'd deal with the ppi caim and the charges claim as two distinct matters.

 

Do I remember that you have already sent them an lba for charges?

 

If so you can issue without further notice if you wish.

 

Some would say that as a bit of time has passed you give them one last chance to cough up the full amount of charges or you sue. This is done by another 14 day lba but if you do this you must be prepared to follow through this time as otherwise they will think you are fearful of going to court.

 

Regards

 

ims

[gregorious77]

I would have to do a new one anyway as I did not add any intrest last time and they charged me more since that claim anyway.

Can I add compound intrest the same as for ppi?

[ims21]

Hi

 

Yes...compund interest

 

Regards

 

ims

[gregorious77]

Sent off the non compliance letter today, gave them 7 days to reply.

[gregorious77]

No word so far, the deadline is friday!!

If I hear nothing by then I will crack on with the moneyclaim over the weekend!

[citizenB]

No word so far, the deadline is friday!!

If I hear nothing by then I will crack on with the moneyclaim over the weekend!

 

I understand it is better to issue the claim through your local court rather than through NBCC online

[gregorious77]

I understand it is better to issue the claim through your local court rather than through NBCC online

Can you explain why this is?

[citizenB]

Something to do with only having a certain amount of space to set out your claim online

[gregorious77]

? this is not clear to me now!

[ims21]

Hi

 

The thing is with MCOL is that you don't get much space for your Particulars of Claim.

 

With a claim such as yours, the POC might have to be quite detailed and there is a text length rstriction on MCOL and consequently a "paper" submission would serve you better.

 

Sorry to jump in but I think that is what its all about.

 

Regards

 

ims

[gregorious77]

Ok do I have to go to my local court to pick up paperwork etc or can I print off the N1 form from the internet?

My POC might not be that big? Do I have to write an essay? thought it would be I ticked no they said I agreed to it on the phone this is not true but in a few more words.

[gregorious77]

Right then I am having a crack at filling out the N1 form on the net.

I hope you guys can help me because I am not the best form filler but I am getting better!

Breif details of claim.

"The claimant was mis-sold PPI by Capital One on a credit card account, the PPI was added without the claimants knowledge or understanding despite it being declined on the application form."

Value ? is this the original amount I asked for or what it totals now? it keeps going up because of the compound interest!, do I add on 8% now and is this just the total + 8% or 8% compound on top of apr compound? i.e.£3415.11 + 8% = £3688.11

I am going to need some help on the POC as well if anyone is up for it?

I think it will be large chunks of my LBA with the spreadsheet attached.

[ims21]

Hi

 

N1 form is available on-line from HMCS website.

 

Also I think your POC might need more detail. Also as you are claiming back to 2004 they may defend on the grounds of the Limitations Act and you need to be able to get round that with S32(1)© if they put that up as a defence. Also the case law of Kleinwort Benson V Lincoln City Council.

 

Also look up what needs to be done in respect of court bundles.

 

Also have a read around ass to what interest you can claim if going the court route.

 

To go to court you do need to do a lot of preparation and research.

 

Use the time now and then you won't be doing it in a panic later.

 

I'm not saying you will deffo end up in a court room ut you have to play this onthe assumption that you will and therefore fail to prepare and you prepare to fail.

 

Regards

 

ims