PPI Reclaiming Discussion part 4

AlexandraH

Hi everyone,

I promised to update once I had heard from Capital One so here goes:
I received a letter telling me that I had applied over the phone for the card - despite my already having told their insurance agent it was applied for online. They stated that as it has been applied for on the phone that no credit agreement was on file but that they must have signed me up to PPI on the phone at the time because their phone operatives always explain everything clearly to make sure their customers know what they are signing up for!
I replied with a letter based on the template given on this site with the additional information that the card was applied for online, I still had the original letter sent telling me I had applied successfully and enclosing a credit agreement for me to sign and return. I also explained that I still have the original customer copy which has no opportunity to opt in or out of PPI so would like to see the copy of the agreement where I supposedly signed up for it. I also told them that the contents of my credit agreement state that they will send information on PPI and an agreement to sign if I want it. Needless to say, this information and form never arrived but Lo and Behold I still have the PPI on the card.
Sent the letter asking for the paperwork on 1st February but haven't heard anything yet. Do they have to provide me with the information requested and how long do I leave it?
I sent a letter to HSBC requesting paperwork on the same day, both requests included a cheque for £1, but haven't heard from them either. Are they hoping that by not replying I'll just go away?
Any advice about what my next step should be? I'm new to all this and it's all a bit daunting. Thanks.

MrsShazbat

Not unexpected, FOS just called to say my PPI claim against Capital One isn't being upheld. Sending me a letter to explain why, but it comes down to me ticking the PPI box and basically not reading the T&Cs. Ignorance is no defence apparently.

cappo

MrsShazbat wrote: »

Not unexpected, FOS just called to say my PPI claim against Capital One isn't being upheld. Sending me a letter to explain why, but it comes down to me ticking the PPI box and basically not reading the T&Cs. Ignorance is no defence apparently.

Hi karen escalate it to the ombudsman now

cappo

AlexandraH wrote: »

Hi everyone,

I promised to update once I had heard from Capital One so here goes:
I received a letter telling me that I had applied over the phone for the card - despite my already having told their insurance agent it was applied for online. They stated that as it has been applied for on the phone that no credit agreement was on file but that they must have signed me up to PPI on the phone at the time because their phone operatives always explain everything clearly to make sure their customers know what they are signing up for!
I replied with a letter based on the template given on this site with the additional information that the card was applied for online, I still had the original letter sent telling me I had applied successfully and enclosing a credit agreement for me to sign and return. I also explained that I still have the original customer copy which has no opportunity to opt in or out of PPI so would like to see the copy of the agreement where I supposedly signed up for it. I also told them that the contents of my credit agreement state that they will send information on PPI and an agreement to sign if I want it. Needless to say, this information and form never arrived but Lo and Behold I still have the PPI on the card.
Sent the letter asking for the paperwork on 1st February but haven't heard anything yet. Do they have to provide me with the information requested and how long do I leave it?
I sent a letter to HSBC requesting paperwork on the same day, both requests included a cheque for £1, but haven't heard from them either. Are they hoping that by not replying I'll just go away?
Any advice about what my next step should be? I'm new to all this and it's all a bit daunting. Thanks.

Hi alexandra if the accounts are still live the banks have to comply with a cca request if the accounts are closed and paid up they don't, they do have to comply with a data protection act 1998 sar request though whether the account is live or paid up and no i would'nt just go away stand your ground.

trackwa

My first morgage was with the royal bank of scotland and i have the ref number for the account however this was prob taken out in around 2001. I do not have any of the paperwork is it still worth writing to request the info with the letter quoting under sections 77-79 of the consumer credit act 1974? Also my second morg was with northern rock again i have the acc number and it was took out in 2003. I had 2 additiinal borrowings on this morg and im pretty sure i was told i had to have ppi. Di you think i may have a case or is this going to far back? I also had a loan from nateest which i cant remember the exact yr (poss 2001/2) but i dont have the loan acc number but i still have an open account with the natwest will they b able to link it up?
Any help would be greatly appreciated
Thanks x

Birthingteacher

This may be a very silly question, but will I know if I have been paying PPI?

When asked if I want PPI I have always said no, but I'm now wondering if I have ever paid it and not know about it.

Would it appear on a monthly credit card statement for example? One credit card I have discusses PPI in its terms and conditions but nothing shows on the monthly statement saying I've paid it.

Advice please

dilus

Birthingteacher wrote: »

This may be a very silly question, but will I know if I have been paying PPI?

When asked if I want PPI I have always said no, but I'm now wondering if I have ever paid it and not know about it.

Would it appear on a monthly credit card statement for example? One credit card I have discusses PPI in its terms and conditions but nothing shows on the monthly statement saying I've paid it.

Advice please

If it's a credit card it will definitely show on your statements as a separate amount. If there is no sign of it on statements then you are not paying it. If it's a loan it could have been front loaded and put on at the beginning, you would find it on your original agreement

amersall

trackwa wrote: »

My first morgage was with the royal bank of scotland and i have the ref number for the account however this was prob taken out in around 2001. I do not have any of the paperwork is it still worth writing to request the info with the letter quoting under sections 77-79 of the consumer credit act 1974? Also my second morg was with northern rock again i have the acc number and it was took out in 2003. I had 2 additiinal borrowings on this morg and im pretty sure i was told i had to have ppi. Di you think i may have a case or is this going to far back? I also had a loan from nateest which i cant remember the exact yr (poss 2001/2) but i dont have the loan acc number but i still have an open account with the natwest will they b able to link it up?
Any help would be greatly appreciated
Thanks x

Re the Natwest,ring them and ask.

Re the Mortgages,some mppi cannot be reclaimed,you need to post this here
http://forums.moneysavingexpert.com/forumdisplay.php?f=187
They know all about mppi.
As the Mortgages are closed you will have to send a SAR,this will cost you £10 but will give all info they have on you.

If you can claim the mppi back,then the account numbers and reasons for mis sell are all you need to put a claim in.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance#step2

earlybird1984

Hello

I wrote to Monument to request my PPI back, they have written back straight away saying that it was payment break plan not ppi and so not covered by ICOB rules and although they no longer have a copy of my call they are happy they were not in the wrong however have offered as a gesture as good will to repay half of the PBP premiums back. Should I take this and run or try for more? I dont want to push my luck??

cappo

earlybird1984 wrote: »

Hello

I wrote to Monument to request my PPI back, they have written back straight away saying that it was payment break plan not ppi and so not covered by ICOB rules and although they no longer have a copy of my call they are happy they were not in the wrong however have offered as a gesture as good will to repay half of the PBP premiums back. Should I take this and run or try for more? I dont want to push my luck??

the early bird catches the worm as they say, seriously it's your choice really, it's not an easy one to call although if they have offered to pay anything back it really is tantamount to admitting liability although this is only my opinion.