Capital One PPI claim

[birdyboy]

Hey everyone,

 

I've started a claim with Capital One to reclaim my PPI as I don't remember signing anything to say I wanted it.

 

Anyway, I done things slightly differently by sending them a message online rather than writing them a letter.

I sent a message on 24th October 2011 to request my PPI payments to be refunded.

I received a response to say that a letter would be sent to me within 2 weeks.

 

I received the letter which stated that they will look further into it and I should get a response within 8 weeks.

 

I have now received that response and they have offered me the following...

 

Total offer of redress - £120.69 in premiums

£2.75 in interest and an additional 8% statutory interest of £34.60.

Total - £158.04.

 

When I worked out how long this period was for, it works out as 24 months (average payment of £5 PPI per month)

 

I have held my account with Capital One since 14th September 2004, so surely they would owe me more?

 

Does anyone have a suitable response I can send to them? Or would I need to start from the beginning again?

 

Thanks for any help/advice you can offer

[birdyboy]

Also, at the end of the letter it states:

 

Once we receive your form we will offset any refund against any outstanding defaulted balance or over limit amount, within 10 working days. By defaulted balances, we mean any balance outstanding after the credit facility has been revoked.

We will then issue a cheque for any remaining refund to you, which you should receive within 21 working days.

 

So does this mean, if I accept the refund, they will credit the account and then take it off me requesting the balance to settle it? I'd much rather keep the account, just not pay the PPI as its not needed!

[dx100uk]

did you do a spreadsheet

how does this compare to that figure

 

if you did not do an SOC & a cover letter

thats prob way it is so low

 

they think you can be hogwashed.

 

dx

[gregorious77]

YOU need to work it out using a spreadsheet as they have not done it correctly I am sure.

You have an advantage that in offering you this they have admitted it was mis-sold.

I have had a different response from them saying I took it out during a phonecall when I activated my card which is total rubbish.

You need to work it out for yourself then write back to them. you should claim interest at the rate they charge for purchases.

 

I've attached a spreadsheet which will do the calculation for you.

 

You only need to enter list data in columns A, B and C. Change the APR figure in the blue section to the rate they were charging you for purchases. The daily rate below it will alter itself. Amend your personal details in the blue section. This si then your Schedule of Claim (SOC).

 

Fire this sheet off to Cap1 together with a completed fos questionnaire (download from foswebsite) and a letter reclaiming the ppi payments and stating on what grounds you were mis-sold.

 

CompoundInt.xls

[birdyboy]

Thanks all.

As the calcualtions are wrong, I have sent of a recorded delivery SAR letter today.

Once I get all the information, I will then write back requesting the total amount

[dx100uk]

awaiting to help

 

dx

[birdyboy]

Received a letter today stating that the signature on my letter does not match their records!?

They require a correctly signed letter, or a copy of documents showing my ccurrent signature.

 

I will send them a copy of my passport and driving licence.

 

Stalling tactics? They've cashed the £10 fee!

 

Also, they state that the 40 day time limit does not start to run until they receive the documentation.

 

Will keep you posted...

[ims21]

Their 40 days run from the time they cash the cheque in my opinion

 

There is no requirement for you to provide a signature at all

 

ims

[burlyb]

I'm going to ask the serious fraud office to look into my claim against Capt one due to it looks like they have charged me two lots of interest per statement....looks serious enough to be a cover up of ppi that I am sure I had with them.....I got this info back in reply to a SAR I sent them.....seriously iffy as are Creation RBS and MINT who I am having trouble with....I am going to give them the option tomorrow of pay up or I will notify the SFO ....not going to bother with FOS or FSA

[ims21]

I'm going to ask the serious fraud office to look into my claim against Capt one due to it looks like they have charged me two lots of interest per statement....looks serious enough to be a cover up of ppi that I am sure I had with them.....I got this info back in reply to a SAR I sent them.....seriously iffy as are Creation RBS and MINT who I am having trouble with....I am going to give them the option tomorrow of pay up or I will notify the SFO ....not going to bother with FOS or FSA

 

Where is your thread for your Cap1 issue? What makes you suspect you have been charged interest twice?

[coffeeangel]

Their 40 days run from the time they cash the cheque in my opinion

 

There is no requirement for you to provide a signature at all

 

ims

 

Hi Birdyboy, ims is right, you don't need to provide a signature - I didn't. I sent them this http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=30868&d=1319029184 and albeit a few days outside of the 40 day time limit, I received my SAR information.

 

Obviously you can take out the part of corroborating letters that I sent them (information they didn't need to know redacted of course) as they will get the gist of of your response without them. Personally, I didn't want to give them any more room for maneouvre!

 

You're in good hands here with the advice you have been given so far but nevertheless, a few more good luck wishes are all good! Go get em!

 

Best,

 

Coffee

[birdyboy]

Thanks ims & coffeeangel.

 

In that case, I will send them a copy of that letter, obviously, amending where necessary.

 

So just to confirm, I don't need to provide any proof of my signature at all as they have written to me before at my current address?

[ims21]

Thanks ims & coffeeangel.

 

In that case, I will send them a copy of that letter, obviously, amending where necessary.

 

So just to confirm, I don't need to provide any proof of my signature at all as they have written to me before at my current address?

 

 

 

 

The underlying principle being that if they have regularly been writing to you at your address in connection with financial matters and that they were unsure of your identity, there are data protection issues they need to answer

 

ims

[coffeeangel]

It worked for me birdy boy! It's just a delaying tactic.

 

Best,

 

Coffee

 

P.S make sure when you reply you state the 40 days run from the date they RECEIVED the SAR never mind the date they cashed the postal order/cheque! With this, YOU are in control NOT them!

[birdyboy]

This will do won't it?

Anything extra I should add in?

 

SAR letter was signed for on 05/12/11. I have counted 40 working days, so it takes it up til 30th Jan. Is that correct?

 

I am in receipt of your letter to me dated 30th December 2011 in which you have stipulated that you

require proof of my identity/signature before you comply with my SAR. May I bring the following to

your attention;

Data Protection Act Good Practice Notes:

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you

have regular contact sends a letter from their known address it may be safe to assume that they are

who they say they are.

The 40 day time limit continues to run from date on which you received my subject to access request letter. You have a further 25 days to comply.

If you still fail to comply with my legal request, I will have no other option than to complain to the

Information Commissioners Office & if my complaint is upheld you will be liable to a £5000 fine.

Yours faithfully,

[coffeeangel]

Nope, as far as I know its just 40 days clear! So by my cals would be 13 Jan BB. Ims, Cag am I wrong?

 

Coffee

[ims21]

Yes 40 Calendar days - straight.

 

Now some will say that it is from when they receive the SAR (hence one of the reasons for sending recorded) and others will say that it is from cashing the payment (assuming it is straightforward).

 

When they wriggle, if they have not delayed in cashing the payment then to show reasonableness in case of court action, the extra few days given by way of allowing the 40 days to run from payment cashing date would satisfy a reasonableness test.

 

If they have delayed cashing the payment by, say, 10 days from receipt of the SAR then standing by the 40 days from receipt would be OK since they have been unreasonable in their delay.

 

Its a matter of balance really and deciding what you feel is reasonable.

 

If they cashed the payment and still wriggle afterwards I leave you to draw your own conclusions as to who is being reasonable.

 

IMHO of course

 

Regards

 

ims

[coffeeangel]

Birdyboy - what can I say? A CAG Don has spoken! Go get em and if anything your unsure of, ask these guys as they Rock!

 

Nite!

 

Best,

 

Coffee

[ims21]

Birdyboy - what can I say? A CAG Don has spoken! Well I wouldn't go that far Go get em and if anything your unsure of, ask these guys as they Rock!

 

Nite!

 

Best,

 

Coffee

 

[birdyboy]

Cheque was cashed on 22nd December.

I've given them 25 days so should be more than enough.

Letter is all printed and ready to be sent tomorrow (Recorded of course!)

What if they still don't accept it? Shall I just then send what they need?

[ims21]

Hi

 

If they don't comply then you complain to the Information Commissioner. You might like to pop a line in your letter to the effect that the Information Commissioner would be interested to hear about non-compliance and so you look forward to receiving the required information...etc etc.

 

You can of course sue for non compliance as well.

 

Stick to your guns for the time being.

 

ims

[birdyboy]

Well, received a response today to say they still require my signature!

Its to protect my data apparantly...

Under the Data Protection Act they are not obliged to comply with a SAR unless they are satisfied that I am in fact the identity claiming.

 

I will just send them a copy of my passport and drivers licence as these have my signature on.

 

How frustrating!

[coffeeangel]

Hi birdyboy,

 

I feel your pain but they are taking the michael....

 

When you send what you feel you need to COMPLAIN to the ICO at the same time as ims suggests above by copying ICO in on the letter. And be sure to advise them that they only have "X" amount of days left so they best get to it pronto pronto!

 

Best,

 

Coffee

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?335644-Capital-One-fast-track-default-charges-and-PPI-claimback-(no-SAR-req-d

[birdyboy]

Here's my response letter...

 

I am in receipt of your letter to me dated 25th January 2011 in which you have stipulated that you require proof of my identity/signature before you comply with my SAR.

Please find enclosed a scanned copy of my passport and drivers licence of which I hope will be sufficent Please note that you have now exceeded the 40 day limit from the day you received my SAR, so therefore request an urgent response. I will give you until Monday 6th February before I complain to the Information Commissioners Office. If this complaint is upheld, then you may be liable to a £5000 fine.

Yours faithfully,

Anything I should add or change?

Planning to send this out tomorrow...

 

I may also call them tomorrow to see what they say (ref above link)

Edited January 29, 2012 by birdyboy
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