Alphageek Vs Capital One ***WON***

[Alphageek]

A-ha!

 

Reidnet offers some good advice re PPI in this thread http://www.consumeractiongroup.co.uk/forum/ppi/61081-ppi-some-notes-claimants.html#post514670

 

I just remember I applied for my card online and have since switched to Firefox and installed Adblock, so I have not seen any of their adverts for ages.

 

Anyway, I had to use IE today and saw one of their adds, so I clicked on it and there is a tick-box to say if you want PPI or not.

 

I can't imagine I would have ticked this and can't even remember if it was on the web page I used to apply. In any event, the response to my CCA request did not show anywhere where I asked for or agreed to PPI neither did the information they sent in reply to my SAR.

 

So I guess I'll leave the charges on my schedule and if they want to argue I asked for or agreed to PPI, then I guess it's up to them to prove it.

[ukaviator]

PPi was mis sold by Capital One a while ago. They forgot to send out the terms and conditions when you applied for it. Reidnet is a great help on PPI. I managed to get some back for a friend with a Medical Condition with no real hassle, and this was Lloyds. If you do a search on the PPI mis selling with Capital One, i'm sure you will find the article.

 

Ukaviator

[Alphageek]

Thanks again UKA - I have had a further dig and found this;

 

FSA fines Capital One for PPI sales failures

 

I just need to go home now and look at the dates on what they sent me for CCA and SAR requests... because, of course, I have blurred out all the dates on the scans I uploaded haven't I

[Alphageek]

April '05 on my Appligreement

[Alphageek]

Received a letter from them today.

 

 

Balance: xxx.xx

Credit limit: xxx

Overdue amount: 13.13

 

Thank you for the payment(s) you've made to reduce the arrears on your account. Although this clearly shows you're trying to resolve this situation, unfortunately your payments haven't been enough to clear the arrears.

 

To pay off your arrears, you need to pay £13.13 straight away. To bring your account fully up-to-date you also need to pay your current minimum payment. As soon as you bring your account fully up-to-date, you'll be able to use your card again.

 

If you're having problems paying, please call us. Our collection specialists are skilled at helping customers in difficult situations and they may be able to help you find a payment solution.

 

Our freephone number is 0800 952 4966 and we're here 9am-7pm Monday to Friday, and 9am-1 pm Saturday and Sunday.

 

If you've already made a further payment since your last statement, or have made a payment agreement with us - thank you. Please ignore this letter.

 

Additional information

 

How to make a payment

 

It takes approximately five working days (Monday to Friday) for your payment to reach your account. Make sure you allow enough time for it to get here by your payment due date.

 

You can pay using a debit card by telephoning us on

0800 952 4966. (We currently only accept debit card payments when an account is in arrears, once it's up-to-date we can't accept this payment method.)

 

To pay by standing order, telephone or internet banking,

make your payment to the account below.

 

Sort code: 40-02-50

Account number: 81077082

Reference Number: Your Capital One account number

 

To pay by cheque, please make it payable to Capital One Bank

and quote your credit card number and your postcode on the

back. Fill out the payment slip, which is at the bottom of

your statement, and send it with your cheque to our payment

address.

 

Capital One Bank

PO Box 1000

Camberley

GU15 3ZQ

 

To pay over the counter at a bank, fill in the payment slip

and hand over your whole statement with your cash or a cheque. Please remember to ask for a receipt.

 

Yours sincerely

 

Valerie Lipton

Director of Collections

 

Calls may be monitored and recorded for training purposes.

 

Dur!

[Alphageek]

I have worked on my prelim letter. Standard letter form the library up to paragraph 3 about the OFT report in April 2006, then I have inserted this.

 

Additionally, I require all monies paid by me to you in respect of Payment Protection Insurance (PPI) to be refunded. I did not request this insurance and no documentation you have recently sent to me in response to my requests under the Data Protection Act 1998 or the Consumer Credit Act 1974 has any indication that I made such a request.

 

In any event, keeping in mind my account with you was opened in April 2005 and the FSA has recently imposed a fine on Capital One Bank (Europe) Plc (Capital One) for failing to have adequate systems and controls for selling Payment Protection Insurance (PPI) insurance and for failing to treat its customers fairly between January 2005 to April 2006, I would aver that you failed to supply any policy or other documents relating to any alleged insurance service. The FSA state in their press release of 15th February 2007

“The firm's failure to provide customers with a policy document at the right time meant that affected customers did not have the opportunity to consider all aspects of the PPI policy, and whether it may have met their demands and needs, prior to conclusion of the contract.”

So that any alleged contract would be voided in all eventualities.

 

If you contend that I did make such a request, I would question why any documentation you would rely on as proof was not disclosed to me when I made a Data Protection Act 1998 Subject Access Request on the 15th May 2007.

Then rest as per template.

 

Comments please?

[Alphageek]

I would like to send the prelim letter on Monday. Does anyone have anything to add re my PPI wording?

 

If not, I'll get it printed and mailed to CapOne on my way to work.

[Alphageek]

Prelim printed, signed and copy of schedule of charges going recorded delivery tomorrow. Just over £620 with interest accruing at £0.60 per day.

 

This is more than my balance and credit limit and they are in CCA default and they called me twice today, got my answerphone and didn't leave a message AND they called me yesterday (Sunday) at about 5:30pm!!!

 

They said "May I speak with Alphageek please?"

I said "No, you may not!"

They said "Sorry?"

I said "No, you may not!"

The line went quite for about 5 seconds and they hung up. Morons.

 

I wasn't going to send them a letter telling them of their CCA default until the 12+30 days was up. If they call tomorrow I will change my mind!

[ukaviator]

Lol. . they actually said "May i speak to Alphageek please?"

 

How did they know your alias?..

 

Uk

[Alphageek]

I guess I need to disguise my posts on here a little better

[Alphageek]

5 Calls today. Four while I was at work. All with no message left on my answerphone. Are these classed as silent calls?

 

I answered when they called this evening. They couldn't even pronounce my first name correctly. They asked for my DOB so I asked for their DOB. They said "If I told you my DOB that would hardly be relevant". I said "What if it's your birthday today and I wanted to wish you a happy birthday. It would be relevant then wouldn't it?"

 

They hung up!

[ukaviator]

Lol. . it's great when you can have fun like that..

[Alphageek]

These are the times of day I have received calls from CapOne on Tuesday 132h June and Wednesday 13th June 2007.

 

Tues

-----

14:34

14:45

16:10

16:56

 

And the one I answered making 5 in total.

 

Weds

-----

 

11:14

12:10

12:20

14;46

14:57

15:44

15:54

16:54

17:05

17:32

17:42

18:38

18:50

18:01

 

And one I answered at about 20:45 (I won't tell you what I told them to do this time!)

 

All but the 2 I answered were silent or no message left on my answerphone.

 

I feel a harassment letter coming on.

[Alphageek]

Harassment by telephone letter printed and being mailed in the morning.

[Josie8]

Don't let them get you down..................guess you could always change your phone number and go ex directory:p :p

[Alphageek]

Hi Josie8,

 

Thanks for your input.

 

They are not getting me down. I hope they call 50 times today.

 

Give 'em enough rope...

[Peterbard]

Hi, I have received a reply from CapOne. I will post it later.

 

I have tried to read through the .pdf version of the CCA (http://www.passprotect.studio400 .me.uk/Consumer_Credit_Act_1974. PDF) this afternoon and see lots of references to prescribed term and layouts etc. but cannot see a list of what these prescribed items are.

 

Can someone point me in the direction of a list so I can check what they have sent has all the things it needs to make it a proper agreement.

 

Thanks.

HI the prescribed terms are listed id Schedule 6 of the SI1983/1553 regulations.

Or you can go to the OFT site and get their FAQ which gives a good definitin and is easier to follow if you can't find it post me and i will attach a copy

 

Per

[Alphageek]

Six calls today.

 

13:17

15:11

16:45

17:28

18:04

20:12

[Josie8]

Six calls today.

 

13:17

15:11

16:45

17:28

18:04

20:12

 

They could apply to replace the speaking clock lol!

[Alphageek]

Do we still have a speaking clock?

[Alphageek]

More calls from them;

 

15th

====

14:46

 

 

16th

====

13:55

14:06

 

17th

====

17:25

 

18th

====

19:12

 

19th

====

13:22

13:33

15:31

16:50

18:08

20:56

 

All from 0800 422 0295.

 

I have reported them to OFCOM this evening and also to Nottingham Trading Standards.

[Alphageek]

10 Calls today so far.

 

20th

====

12:04

12:15

14:30

14:40

15:45

15:56

16:32

16:43

17:34

17:45

 

No messages left on any of them!

 

What are these junkies smoking? :o

[Josie8]

10 Calls today so far.

 

20th

====

12:04

12:15

14:30

14:40

15:45

15:56

16:32

16:43

17:34

17:45

 

No messages left on any of them!

 

What are these junkies smoking? :o

 

They've got a weed on!

[Alphageek]

19:15 - I too great pleasure in telling them I had reported them to OFCOM and Nottingham trading standards.

 

I did, however, get the feeling that I was wasting my time. LOL

[Josie8]

19:15 - I too great pleasure in telling them I had reported them to OFCOM and Nottingham trading standards.

 

I did, however, get the feeling that I was wasting my time. LOL

 

Did they speak English? They probably were sat in India thinking "Whats OFCOM":p