Capital One PPI claim

[ims21]

Here's my response letter...

 

 

 

Anything I should add or change?

Planning to send this out tomorrow...

 

 

Sounds OK to me

 

ims

[birdyboy]

Just reading through the letter again , I can call 0115 843 3792, option 1 and do the security over the phone.

I'll do that first to see what happens!

[birdyboy]

Called the number, done the checks and they will get my info sent out this week.

Saved me the cost on postage!

[birdyboy]

I have now received my SAR! Woohoo!

Looking through the docs, I have clearly marked NO to enrol me in Capital One's Payment Protection scheme, yet I have been charged.

 

Info goes back to Jan 2005, but PPI not added til February 2005.

Can I claim for overlimit charges & late payment fees too?

 

I'll add up all charges and report back

[ims21]

Hi

 

Cut and dried PPI claim then although they will say that you agreed to it in a phone call. However, they will not be able to provide any evidence of that phone call.

 

Yes you can claim back the charge and late fees although this is a separate claim to the ppi and is dealt with differently. In this respect have a read of Nos 3 and 4 in my signature

 

ims

[birdyboy]

Ok, total PPI taken to date is £131.81

 

The APR, is this calculated by whats on the application form?

It says

I am applying for 2 credit cards with variable rates for purchases of 29.94%pa (29.9% APR) (typical) and 18.94 p.a (18.9% APR).

Which figure do I use?

Also, looking through the docs, there is a lifetime rate of 34.9% APR.

 

Why so many!!??

Edited February 8, 2012 by birdyboy
Added extra

[gregorious77]

They will say you signed up when you phoned to activate the card, ask for transcripts or recordings and they will say their records dont go back that far.

Make sure you ask for these details though as it will be good for court to show they have no record.

If I can say I learned a lesson it is that they will try and defend, in my case I made allegations of an unfair relationship which the Judge said made my case complicated and it was allocated to the fast track, this can get pricey so keep it simple.

The judge first stated that I did not ask for PPI yet they added it and this was a simple case of prove it! it was the other allegations that could have caused me hours of legal research and the risk of loosing and incurring massive costs.

 

I think the fact you did not ask for it yet it was still added is a good enough case if they cannot prove the phone call.

 

Good luck.

[gregorious77]

Ok, total PPI taken to date is £131.81

 

The APR, is this calculated by whats on the application form?

It says

Which figure do I use?

Also, looking through the docs, there is a lifetime rate of 34.9% APR.

 

Why so many!!??

 

I still dont know what the rate was for mine, as you say many figures are quoted in the paperwork and it is not on the breakdown of each month!

They never told me what it was only that it changed 2 or 3 times in the life of my account!

You could always ask for a breakdown of APR across the years or just take an average?

In the end I settled on about 8% compounded plus 8% simple

They added a random document to their defence that had 18% all over it.

[birdyboy]

Thanks Greg.

There are screenshots included in the docs of what looks like an online system where they ask the questions. (Vectus) or it may be when they process the application.

Again, there is the PPI option and NO is selected.

I don't recall applying for this over the phone, or even speaking with them.

 

I've tried to read and understand the APR malrky, but its going right over my head!

I understand I can also claim an addition 8% on top of charges??

 

Argh!

Edited February 8, 2012 by birdyboy
Spelling...

[gregorious77]

the extra 8% is only if it gets to the court stage at the discretion of the court and is statutory interest.

What part of the APR do you not get?

[birdyboy]

What APR am I putting on the spreadsheet?

 

START DATE OF CLAIM 05/02/2005 END DATE OF CLAIM 08/02/2012 ANNUAL INTEREST RATE (APR) ?????

DAILY INTEREST RATE 0.00000%

[gregorious77]

The APR charged for purchases on your card.

One of the screen dumps had it on in my SAR but the next page had a different one!

[birdyboy]

OK.

On one screenshot of their system, it shows as 39.94% but on the initial agreement when I first applied, it shows 29.94% APR (as above)?

I may have to ring them to find out!

Which one did you use? (Assuming you have done the same)

[gregorious77]

I used 26.94% as this was shown as the setup amount on the screen dumps in SAR

[birdyboy]

I'll use 39.94% then!

So, that equates to the below according to spreadsheet.

 

TOTAL OF CHARGES £ 131.81 TOTAL COMPOUND INTEREST £ 363.34 TOTAL CLAIM £ 495.15

I guess I now need to type a letter to them requesting these payments back...wish me luck!

[dx100uk]

you dont request you demand.

 

include a copy of the SOC

 

dx

[gregorious77]

Yes dont beat around the bush, you must be firm when writing to these people, post up the letter here before sending for advice.

[birdyboy]

Do I need to include FOS Consumer questionnaire also?

[gregorious77]

yes post that to them too.

[birdyboy]

Hows this?

 

I am in receipt of your letter to me dated 30th January 2011 which included all the documents from my SAR request.

 

I have calculated all the PPI payments to date which I have been charged and this comes to a total of £131.81.

With added interest at 39.94% APR, this brings the interest total to £363.34.

 

I am therefore requesting that you refund me the total of £495.15 for a mis-sold PPI policy that was never agreed since I signed up for your credit card facility.

 

I have enclosed a Schedule of Charges which details these charges.

 

I expect the payment to be with me within 14 days, otherwise I will forward my complaint to the Financial Ombudsman for them to investigate further.

 

Please also find enclosed the FOS Consumer Questionnaire.

 

Yours faithfully

[dx100uk]

nope sadly if this is first contact as such

they have at least 8 weeks

 

dx

[birdyboy]

nope sadly if this is first contact as such

they have at least 8 weeks

 

dx

 

In that case, I will take out

I expect the payment to be with me within 14 days, otherwise I will forward my complaint to the Financial Ombudsman for them to investigate further.

 

Other than that, all ok to send?

[birdyboy]

Oh, also to add, is it wise to claim back my charges too now or wait til PPI has been sorted?

Charges add up to £332!

 

Thanks again!

[dx100uk]

na go for it

 

letter of complaint and soc [same one]

 

 

 

dx

[gregorious77]

Its up to you but why bother with FOS when you can take them to court and use your own time frames?