Capital One PPI claim

jonnyb1978

Sent off a while ago for my CCA and to claim against the PPI added to my account since 2003.
My CCA came back as a none CCA. No way near anything like a CCA.
Also a letter refuting my claim explaing that all the relevant people involved with PPI have been contacted and therfore i am not getting anything back.

Unfortunatelty i left it there and did not follow it up. I dont want to go down the CCA route just yet and disputing this as i dont want to miss payments and start dealing with debt collection etc etc.

However in the PPI letter they did state i asked for this in a telephone conversation after the account was set up. I do not recall such telephone and do not think i would of agreed to this as i do not and never had it on any other card.

Can i still pursue this if a claim again.
Also will my best route be asking for a transcript of the conversation (all of them). Are they required to keep them as its after 6 years. Obviously if they dont it should benefit me as they can not prove it.
Any advice appreciated!

di3004

jonnyb1978 wrote: »

Sent off a while ago for my CCA and to claim against the PPI added to my account since 2003.
My CCA came back as a none CCA. No way near anything like a CCA.
Also a letter refuting my claim explaing that all the relevant people involved with PPI have been contacted and therfore i am not getting anything back.

Unfortunatelty i left it there and did not follow it up. I dont want to go down the CCA route just yet and disputing this as i dont want to miss payments and start dealing with debt collection etc etc.

However in the PPI letter they did state i asked for this in a telephone conversation after the account was set up. I do not recall such telephone and do not think i would of agreed to this as i do not and never had it on any other card.

Can i still pursue this if a claim again.
Also will my best route be asking for a transcript of the conversation (all of them). Are they required to keep them as its after 6 years. Obviously if they dont it should benefit me as they can not prove it.
Any advice appreciated!

Hi there

Have you requested a Subject Access Request (SAR) from Cap one?
I take it that it was Cap one that sold you the finance.

And these were also fined as well.

They should keep anything on your account for England/Wales 6 years and Scotland 5 years.

For more on a SAR if you not done this yet here:
http://forums.moneysavingexpert.com/showthread.html?t=1475553

jonnyb1978

Yes was Cap 1.
I only asked for the CCA and not SAR. Was relying on them to tell me!!
I just asked for the PPI back and they wrote about the telephone conversation. This was a few months ago and they will have closed the matter.
Would it be best starting a new complaint and send of for the SAR at the same time asking for all transcripts aswell. My second letter can then be asking again and inform them i have asked for the transcripts of the phone call (Which by the sounds is before the 6 years so they will not have) if they dont give a satifactory answer to go straight to court (FOS take too long and by which time i will have my SAR). To back up my claim they will have sent unenforcable CCA with no mention of PPI and also can not prove i asked in the telephone conversation.

di3004

jonnyb1978 wrote: »

Yes was Cap 1.
I only asked for the CCA and not SAR. Was relying on them to tell me!!
I just asked for the PPI back and they wrote about the telephone conversation. This was a few months ago and they will have closed the matter.
Would it be best starting a new complaint and send of for the SAR at the same time asking for all transcripts aswell. My second letter can then be asking again and inform them i have asked for the transcripts of the phone call (Which by the sounds is before the 6 years so they will not have) if they dont give a satifactory answer to go straight to court (FOS take too long and by which time i will have my SAR). To back up my claim they will have sent unenforcable CCA with no mention of PPI and also can not prove i asked in the telephone conversation.

Hi Jonny
I would definately give it another go, you never know with a bit of luck more evidence to support your case may be enclosed within the SAR, where they have 40 days to comply and send everything on this request.

Then you can class it as a new complaint, due to new evidence perhaps?
Go for it.;)

jonnyb1978

Thanks just concerned they say they do not have the transcipt as it more than 6 years ago. Will be stuck to prove anything then i guess without going down the CCA route which can be a right pain.
Thanks for the advice!

di3004

jonnyb1978 wrote: »

Thanks just concerned they say they do not have the transcipt as it more than 6 years ago. Will be stuck to prove anything then i guess without going down the CCA route which can be a right pain.
Thanks for the advice!

Keep at them Jonny, fingers crossed for you.;)