Missold PPI Capital One

[missy]

Hi

 

Pleae find atttached a letter from Capital One in reply to my PPI claim.

 

After a SARN I sent claim for miss selling. They said they would look into it and it would taks 8 weeks. I replied saying no way Ivew been cheated and gave them 14 days notice with a letter before action.

 

The lfirst part of the etter below sumarises the reason for my claim.

 

They say I agreed to sign up over the telephone and was sent a policy and a 30 day cooling off period . I do not remember any of that. In fact in reply to my original SARN they said they did not have to send any info about my PPI because it did not come under the DPA. I know I should have followed that up. Because if they sent me a letter confirming my agreement to PPI then that should have been sent.

 

The funny thing is the letter below says they include a copy of the policy document, Guess what? No policy document. lol

 

I stand by my original assertion that I did not need PPI due to my secure circumstances and so would not have agreed to buying it.

 

I would like some advice on how to proceed please. My 14 day LBA has now expired and I am tempted to call their bluff. However to start a claim would cost me at least £100 and I would like some reasurance I am on firm footing with this.

 

Regards

 

Missy

[dx100uk]

att removed as blanking box can be removed

 

use paint prog not the method you used.

 

dx

[missy]

Hi

 

Thanks for the heads up.

 

More secure attachment now uploaded.

ppi.pdf

[ims21]

Hi

 

Stick to your guns and go get 'em.

 

fos or court....fos = slow, court = quick

 

ims

[missy]

Do I get them to prove the phone call or the subsequent letter. If they cannot then their case falls apart.

[ims21]

Hi

 

The record of the telephone call and any letters they sent you should have been in the SAR reply. If they say you had a call with them and they haven't supplied that info in the SAR then its an incomplete SAR for which they are in breach of the DPA. Same goes for the letter they alledgedly sent you.

 

Couple this with your already valid reason for mis-selling and I think you've got them anyway.

 

ims

[missy]

OK Thanks for the advice. I will write and say the LBA deadline is on hold is on hold until I investigate their claims further. I will then ask for evidence of the letter they sent, I dont think they will have a record of the phone call because hey did not record calls back then or at least I dont think they did. Would they have recorded the fact that a phone call happened?

 

Regards

[ims21]

Hi there

 

There are no dates mentioned in this thread (unless I've missed something) so don't know how long ago this call was supposed to have happened.

 

They should have a record that a call was made as it was solicited by them. Also a copy of the letter should have been in the SAR.

 

Having said that, I wouldn't get too hung up about those two points. I would be getting straight in there with my reclaim for which you have enough grounds as it stands

 

ims

[missy]

Hi

 

The alleged 'phone call' was 2001. What do fellow CAGers think about the 'selling PPI on a non-advised basis'? Is this just some more ducking and diving. I want to make sure I cover all bases before I go down the court route.

[ims21]

Hi

 

I stand by my original assertion that I did not need PPI due to my secure circumstances and so would not have agreed to buying it.

 

 

This is enough for your claim to succeed

 

ims

[Old Cogger]

with these gits, send claim in , do not ping pong letter writing with them / wasting time, give them 40 days to respond to your complaint proper, if no joy (other than their usual part offer) take them to court , prior to a case they normally cave in as they do not want precedance to take over.

Edited June 19, 2011 by Old Cogger

[missy]

OK so I will write to say if they had phoned and sent letter regarding PPI back in 2001 then they should have included that information in the reply to my SARN so my claim goes ahead.

[ims21]

Hi missy

 

With all due respect I'd stop pussy footing around with Cap1. Their letter says they have given a final decision. No further correspondence is necessary with them other than to cancel the policy.

 

If it were me I'd prepare my schedule of claim (if not already done) and either put the matter in the hands of fos or issue in court

 

If you need help just shout.

 

ims

[missy]

I sent Cap 1 a reply that said this:

 

I am writing in response to your letter dated 13 June 2011. Thank you for getting back to me with your interpretation of events however I am left feeling slightly concerned. In my recent Subject Access Request dated 14th March 2011 I asked for all information held by you with regards to the above account. I specifically asked for any information regarding the PPI applied to my account.

First of all you informed me that PPI was applied to my account from Sep 2001 however the information you sent only shows PPI payments starting on Mar 2004, a blatant attempt to conceal information. You refer to a phone conversation where I opted to purchase PPI and a subsequent letter allegedly containing a policy document. There was no reference to either the phone call or the letter you say was sent.

I believe this to be a deliberate attempt to withhold information that you were legally bound to provide me with under the conditions of the Subject Access Rights Notice. I will be making a formal complaint about this to the Data Commissioner or relevant authorities.

 

What I require you to do.

1. Provide evidence of the alleged phone call in the form of:

Date and time of call.

The process the Rep. had to go through.

The questions the Rep. asked.

Any data recorded by the Rep. made as a result of the call.

Any voice recording made of the call.

The exact details the rep would have explained to me (assuming the call happened, which it didn’t)

Details of how, exactly, was the optional nature of the policy explained to me.

 

2. An exact copy of the policy document allegedly sent .

 

If, as you say, your representatives were given detailed training then there should be extensive training documents and other information regarding quality control of the process. There will also be information regarding the number of Reps who did not follow the ‘script’ and failed the quality control process.

I know I am not entitled to see this information under the data protection act however I will be asking for it to be provided if I take this to court.

I would also like to bring to your attention the fact that in your last letter you said you would include a copy of the policy document and it was not there. So much for your quality control systems.

I am willing to put on hold the time scale set by my Letter Before Action and will give you a further 7 days to respond to my request.

 

Cap 1 have replied to this leter and I will upload that later.

 

Regards

[ims21]

Eagerly awaiting the next instalment....you've left us with the proverbial Cliffhanger !

 

ims

[missy]

Please find attached the reply from Cap1. I have removed the figures ( not sure why) and they have offered in full and final settlement about half of my original claim.

 

Regards

cap1 2.pdf

[ims21]

Interesting because they say they are offering premiums + associated int + 8%. You say that it comes to about half of the amount you claimed. Do you have a copy of your workings for your claim we could see and the figs that Cap1 came up with.

 

ims

[missy]

Ok here is the working out for 1 premium and an interest rate of 20.89% APR (taken from statement) which is 0.05199%/day

 

£8.12 paid on the 18/09/2001 works out a 3567 days times the daily rate = £43.73 Totals £51.85 If it goes to court I would add the 8% £6.37 giving an overall total £58.22

 

So if I don't go to court I would be looking for £51 85. This calculation is carried out on all premiums.

[ims21]

Well I agree with your working of that example.

 

I can't see why they should be so far off but then again I can't see the figures in the letter.

 

ims

[missy]

I can see the figures and can see exactly what they have done. They have tried to bull**** me. At every stage they try and to introduce confusion and muddle with their bull****. If you remember two letters ago they were denying any wrongdoing and now they are offering me half of my claim. They are just a bunch of lying, thieving bull****ters. Pardon me for getting carried away.

 

If this were any other industry the police would be called in.

 

Anyway what they have done is totalled up the premiums, added a bit of interest and I mean a bit, less that £100 and then added on 8%.

 

I mean who do they think they are dealing with here. Do you recon they are all sat in their offices saying "hey look at this letter I am sending it's hillarious" and they other numpty says "ok I can beat that watch this" then goes on to send out some other garbage.

 

Joking aside I will be refusing their offer and going for the whole amount, nearly 3 grand.

 

Regards

[dx100uk]

yep

 

wasnt Mr Uby was it....

 

back in 2007 i got just 152 on a 700+ claim.

 

had to leave it

 

going back now though.

 

its stands at 1400+ hehe they should of paid 4 yrs ago.

 

dont believe a word they say

 

they will need court papers to cough i bet.

 

dx

[ims21]

For 3k i'd send lba for 14 days full payment and then issue in court.

 

Smokescreen is Cap1 Standard Procedure

 

ims

[missy]

wasnt Mr Uby was it....

 

No it is Liam Quegan, Thats got to be a made up name.

 

I have already sent a LBA and it was up a week ago. I have told them it is on hold during this round of negotiations. I will start to compile the court papers this weekend ready to send if they refuse, again to pay my claim in full.

 

Regards

[mummybird]

Can anyone help with an LBA, bearing in mind my case has been with FOS since jULY 2008 when my complaint was upheld by an adjudicator, but they received no response from Lloyds and referred it to their Ombudsman and apart from occasional letters saying how busy they are nothing - so am considering going back to the bank following the judicial review.

[ims21]

Can anyone help with an LBA, bearing in mind my case has been with FOS since jULY 2008 when my complaint was upheld by an adjudicator, but they received no response from Lloyds and referred it to their Ombudsman and apart from occasional letters saying how busy they are nothing - so am considering going back to the bank following the judicial review.

 

Hi

 

I did give an answer to this in your Lloyds ppi thread.

 

What is it you are not sure of?

 

ims