Bluedanw v Capital One ppi the sequel

[bluedannyw]

Hi I wrote to Capital one to claim back my charges and ppi in 2007.

 

I recieved all statements and application form clearly showing i ticked the 'no' box for ppi after my sar request. They gave me the usual go away letter, we offer you £40 refund in November 2007.

 

I never carried on the claim, but I also never accepted the £40 refund.

 

I decided to try again last month after the news of the banks not appealing the high court decision in April.

 

I have now recieved a letter saying that they standby their final response in 2007 and are saying that the FOS will not be able to help me due to DISP 2.8.2, as 6 months has passed since their fial response.

 

Now i had a similar response from egg, but their argument was the limitation act 1980, which I have argued that the 6 years counts from when you notice the mistake.

 

Does this response mean i have not got a leg to stand on? or that I can only go the court route?, which I would prefer anyway.

 

Can someone please tell me if their is an argument against DISP rule 2.8.2 on the FOS complaints procedure. Surely as the banks have agreed that they are not appealing the high court decision any old complaints can be reopened? When a large financial organisation tells you that you are wrong and it turns out they are wrong surely you have a right to complain again

 

Dan

[ims21]

Hi Dan

 

fos probably won't accept this due to their 6 month rule.

 

The door is not closed on you.....you sue.....one claim for charges, the other for ppi. They are trying to fob you off.

 

Forget anythng about 6 years....you will claim everything.

 

You have their final decision so get to work preparing your court claim and figures.

 

ims

[bluedannyw]

Thanks Ims21,

 

This account I defaulted on and was eventually sold to Lowells Debt recovery. Will this effect any outcome in court?

 

I wouldn't of thought so as they have sold the debt on.

 

I didn't think there was any point in continuing with charges as I didn't think anyone was winning these claims since the high court sided with the banks after their appeal?

[ims21]

Thanks Ims21,

 

This account I defaulted on and was eventually sold to Lowells Debt recovery. Will this effect any outcome in court?

 

I wouldn't of thought so as they have sold the debt on.

 

I didn't think there was any point in continuing with charges as I didn't think anyone was winning these claims since the high court sided with the banks after their appeal?

 

Nope

 

Forget the Lowell bit for the mo.

 

You will be issuing 2 claims in court against Cap1.....first one for ppi and second one for unlawful charges.

 

The case you mention applied to bank charges on current accounts but NOT to credit card charges.

 

Buck up and go get em

 

ims

[dx100uk]

as the claims were never sorted

 

i'd go for starting 2 new claims using the FOS route and their claim forms.

 

nothing says you cant start a new claim as the goal posts have now changed.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

dx

[bluedannyw]

Thanks dx100uk,Can you go the fos route for charges on credit cards too?also when i was calculating figures I was thinking of going the court route so I used compounded contractual interest calculator for both ppi and charges, but I then saw this is not for credit cards.So I as going to look at claiming for contractual + statutary interest, for both claims (ppi & charges) Which is the best calculator spreadsheet for this?

[ims21]

Hi Dan

 

Court for credit card charge for me please.

 

You choose on PPI.....fos is slow, court is quick. fs does everything for you, court you do yourself. Probable better payout from court than fos.

 

Credit card charges = charges plus compound contractual to date of claim...same on ppi for credit card charges.

 

Take a look at the FSA Handbook examples....link in the sticky in the ppi forum

 

Here's a couple of spreadsheets you can use.

 

ims

CompoundInt.xls

StatutoryInt.xls

[bluedannyw]

Thanks Ims,

 

I have used the compounded interest calculator to work both claims out.

 

The ppi is for just over £2000 and the charges £750, this is total included compounded interest.

 

Was gonna use the court route as I have had a bad experience with the fos before, when they were pretty useless helping me with harrassment I was getting from a dca.

 

Now shall I now write a letter before action to give them one more chance or get the claim in immediately?

 

Also wouldit be best to use N1 than mcol?

 

Dan

[ims21]

Thanks Ims,

 

I have used the compounded interest calculator to work both claims out.

 

The ppi is for just over £2000 and the charges £750, this is total included compounded interest.

 

Was gonna use the court route as I have had a bad experience with the fos before, when they were pretty useless helping me with harrassment I was getting from a dca.

 

Now shall I now write a letter before action to give them one more chance or get the claim in immediately?

 

Also wouldit be best to use N1 than mcol?

 

Dan

 

Hi Dan

.

I may have misunderstood but just to make sure, you have two seperate claims here...one for ppi plus interest and one for unlawful charges plus interest.

 

If you've had final response saying get lost then I wouldn't pussyfoot around with them anymore....issue in court.

 

Personally I prefer N1....to me there's just something about handing documents in to court with a claim against a bank.

 

Regards

 

ims

[bluedannyw]

Yes they are both seperate claims.

 

I know the 6 year limitation act can be avoided on ppi due to the fact that you can use the argument that it is 6 years from when you noticed the fraud or error. But my charges where all taken over 6 years ago too, so is this still winnable in court?

[dx100uk]

becareful

 

the word wriggle is 'mistake' for sec 32c

 

dx

[ims21]

. But my charges where all taken over 6 years ago too, so is this still winnable in court?

 

Absolutely it is

 

You will be relying on s32(1)© Limitations Act 1980....money paid under a mistake. Case Law is Kleinwort Benson -v- Lincoln City Council

 

ims

[bluedannyw]

Thanks IMS, are there latest poc's for credit card charges? As the ones i used years ago against barclaycard and Lloyds TSB mastercard maybe out of date. I never finished them claims off because my local court (cambridge) sent them back saying if i am to claim contractual interest i need to have the terms and conditions proving these are correct. I never understood this as the interest rate was on the statements.

[ims21]

Thanks IMS, are there latest poc's for credit card charges? As the ones i used years ago against barclaycard and Lloyds TSB mastercard maybe out of date. I never finished them claims off because my local court (cambridge) sent them back saying if i am to claim contractual interest i need to have the terms and conditions proving these are correct. I never understood this as the interest rate was on the statements.

 

Hi Dan

 

These should do you

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?117741-New-Cap-1-Poc&p=3100561#post3100561

 

ims