Capital One ppi reclaiming - help!!

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Good Afternoon,
This is my first post and have heard from a friend about people being able to claim back ppi due to being mis-sold policies etc.I have had my Capital one card since March 2003 and i have PPI on it.Now i can't remember if i was told about this or if i did was maybe told that i had to have this because i am sure if i had the choice i wouldn't have accepted it.I owe nearly £4000 and just looking the other day the PPI is nearly as much as the interest being charged.Now i knew i was being charged this and as it has been such a long time would they say that it was too late to make any type of claim.Also I have no original credit aggreements from them so cant check if i had aggreed with the ppi or not.Just thought you guys may be able to offer some advice
Thanks
Chris
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Comments

  • maxdp
    maxdp Posts: 3,873 Forumite
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    chri5hill wrote: »
    Good Afternoon,
    This is my first post and have heard from a friend about people being able to claim back ppi due to being mis-sold policies etc.I have had my Capital one card since March 2003 and i have PPI on it.Now i can't remember if i was told about this or if i did was maybe told that i had to have this because i am sure if i had the choice i wouldn't have accepted it.I owe nearly £4000 and just looking the other day the PPI is nearly as much as the interest being charged.Now i knew i was being charged this and as it has been such a long time would they say that it was too late to make any type of claim.Also I have no original credit aggreements from them so cant check if i had aggreed with the ppi or not.Just thought you guys may be able to offer some advice
    Thanks
    Chris
    Hello there and welcome.

    It sounds as if you were not aware that this was added to the account. Firstly if you no longer want the PPI then cancel it giving them 30 days notice that should reduce your monthly payments. Ring and ask them to send you a copy of the agreement. If they do not respond then write asking them and send £1.00 they should reply within 12 days.

    If you still want to claim back then send them an official letter as per Martins template guide send to them registered and they have 8 weeks to reply. If they do not refund and you want to take it further you can then take it on to the FOS.

    If you need any further help post on here and somebody will guide you. Let us know how you get on and good luck.
    :mad:
  • di3004
    di3004 Posts: 42,579 Forumite
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    chri5hill wrote: »
    Good Afternoon,
    This is my first post and have heard from a friend about people being able to claim back ppi due to being mis-sold policies etc.I have had my Capital one card since March 2003 and i have PPI on it.Now i can't remember if i was told about this or if i did was maybe told that i had to have this because i am sure if i had the choice i wouldn't have accepted it.I owe nearly £4000 and just looking the other day the PPI is nearly as much as the interest being charged.Now i knew i was being charged this and as it has been such a long time would they say that it was too late to make any type of claim.Also I have no original credit aggreements from them so cant check if i had aggreed with the ppi or not.Just thought you guys may be able to offer some advice
    Thanks
    Chris


    Hi Chris and welcome.;)

    If you no paperwork or the agreement for this then you can write to them to request for a true copy of the CCA (Credit agreement) and enclose a £1 postal order or cheque payment for this, they should supply by 1 days, post by recorded delivery.
    To make it easier for them to track your information down, if you no statement which shows the account number, give them as many personal details as possible, such as any different address of when you taken this out or surname, also write your date of birth.
    Post by recorded delivery.

    For more information on PPI reclaiming check the information on the link below, with also a checklist of mis selling reasons and letter reclaiming templates.
    http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

    Just post up for any further help, good luck.;)
    The one and only "Dizzy Di" :D
  • chri5hill
    chri5hill Posts: 10 Forumite
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    Hi Guys,
    Received a letter this morning from capital one which they sent through with a leaflet the new terms and conditions plus a letter that details my original terms and conditions but with my signature,personal details etc omitted as permitted under regulation 3 of the consumer credit regulations 1983.The box on this original agreement that needs to be ticked for ppi is blank but i don't know if they would of removed that as well!So not very helpfull as they are probably aware of where i am going with this.Just wondering what you think i should do next.I need to really see my signature on this agreement and whether or not i ticked the ppi box(although i don't think i would of done,i never have ppi on any loans etc)
    Thanks
    Chris
  • di3004
    di3004 Posts: 42,579 Forumite
    Options
    chri5hill wrote: »
    Hi Guys,
    Received a letter this morning from capital one which they sent through with a leaflet the new terms and conditions plus a letter that details my original terms and conditions but with my signature,personal details etc omitted as permitted under regulation 3 of the consumer credit regulations 1983.The box on this original agreement that needs to be ticked for ppi is blank but i don't know if they would of removed that as well!So not very helpfull as they are probably aware of where i am going with this.Just wondering what you think i should do next.I need to really see my signature on this agreement and whether or not i ticked the ppi box(although i don't think i would of done,i never have ppi on any loans etc)
    Thanks
    Chris


    Hi Chris

    Maybe by requesting a Subject access request (SAR) would help, they have 40 days maximum to send you the information they hold on you and as requested on the SAR, there is a payment of £10 postal order or cheque payment requested for this, post by recorded delivery, hopefully there will be something in the SAR which could help support your case, good luck.
    Link here to SAR template:
    http://forums.moneysavingexpert.com/showthread.html?t=1475553
    The one and only "Dizzy Di" :D
  • chri5hill
    chri5hill Posts: 10 Forumite
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    Hi Guys,
    If i requested a SAR would they send me details of my agreement with my signature on it.could i not just ask them to prove that i had agreed to pay ppi and signed for it and send me a copy of the cca with my signature on it or is that against thier data protection rules.
    thanks
    chris
  • marshallka
    marshallka Posts: 14,585 Forumite
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    chri5hill wrote: »
    Hi Guys,
    If i requested a SAR would they send me details of my agreement with my signature on it.could i not just ask them to prove that i had agreed to pay ppi and signed for it and send me a copy of the cca with my signature on it or is that against thier data protection rules.
    thanks
    chris
    If its only the agreement that you require you can ask them for this and they have to send it within 12 days. You do however get charged £1 for this. Send your request by recorded delivery.

    A SAR would give you all details of you taking the PPI (or not??) but would take up to 40 days and would cost £10.

    If this is your account then YOU are entitled to this under the data protection act.
  • chri5hill
    Options
    Hi,
    Received a full SAR for my credit card this morning.I have received all my details back to 2003, among them the original application form that has my signature in and i have not ticked yes for PPI.The cover letter that came with the SAR says that from looking into my account,thay say that i phoned up on the 3rd April 2003 and requested PPI.I am positive that i didn't phone them up!I would not have ticked no for PPI then 1 week later phone them up to put it on,Do you think i should ask for a copy of this phone call(would it be audio or transcribed?)?Not sure which route to take next.
    Thanks
    Chris
  • di3004
    di3004 Posts: 42,579 Forumite
    Options
    chri5hill wrote: »
    Hi,
    Received a full SAR for my credit card this morning.I have received all my details back to 2003, among them the original application form that has my signature in and i have not ticked yes for PPI.The cover letter that came with the SAR says that from looking into my account,thay say that i phoned up on the 3rd April 2003 and requested PPI.I am positive that i didn't phone them up!I would not have ticked no for PPI then 1 week later phone them up to put it on,Do you think i should ask for a copy of this phone call(would it be audio or transcribed?)?Not sure which route to take next.
    Thanks
    Chris


    Hi Chris.

    You could try to request for the copy of the recordings, but with it being a few years they may not supply them, yet they do seem to have the information within the SAR, so give it a go.

    Its probably their own automated cross or tick for the PPI, this is a common issue with them.

    Keep at them, and they would have to provide the evidence to you if they have this, then in that case they should be able to provide you with the recordings if this is the case, good luck and keep it going.;)
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    Options
    chri5hill wrote: »
    Hi,
    Received a full SAR for my credit card this morning.I have received all my details back to 2003, among them the original application form that has my signature in and i have not ticked yes for PPI.The cover letter that came with the SAR says that from looking into my account,thay say that i phoned up on the 3rd April 2003 and requested PPI.I am positive that i didn't phone them up!I would not have ticked no for PPI then 1 week later phone them up to put it on,Do you think i should ask for a copy of this phone call(would it be audio or transcribed?)?Not sure which route to take next.
    Thanks
    Chris
    Chris, is there any transcripts of phone calls within the SAR as usually they are all documented as well. You sometimes have to go through with a fine tooth comb but failing that then ask them to provide "proof" of this so called phone call. If its not documented within the SAR and they are saying it existed then they should provide you with it.

    Good luck
  • chri5hill
    Options
    Hi Guys,
    sent off a letter requesting proof of the supposed phone call that i made to request PPI.will keep you posted on the outcome
    Thanks
    chris
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