PPI Capital One

loftty_2

Hi All,

I recently wrote to capital one to see if I had taken PPI out or not. This was there reply and I was wondering what my next letter should say.

"Thank you for your recent letter requesting copy documents for you account.

You requested copies of the executed credit agreement and a statement of you account under section 78 of the consumer credit act 1974.

As you may be aware, your account went into default on 6th September 2004 for £807.00. You have since made payments which have brought your account balance to £403.25 and we have recorded a settled default on your credit file.

Where these is no sum which is or will, or may become payable under the credit agreement, then the obligation to provide documentation under section 78 of the consumer credit act 1974 does not apply. Therefore, on the basis of the above, we have no obligation to provide you with a copy of the documents that you have requested. Therefore, I have returned your £1 cheque.

I trust this will help you with your enquires. if you need any further information, Please contact me again."

Any help with this would most grateful.

Regards,

Loftty

di3004

loftty wrote: »

Hi All,

I recently wrote to capital one to see if I had taken PPI out or not. This was there reply and I was wondering what my next letter should say.

"Thank you for your recent letter requesting copy documents for you account.

You requested copies of the executed credit agreement and a statement of you account under section 78 of the consumer credit act 1974.

As you may be aware, your account went into default on 6th September 2004 for £807.00. You have since made payments which have brought your account balance to £403.25 and we have recorded a settled default on your credit file.

Where these is no sum which is or will, or may become payable under the credit agreement, then the obligation to provide documentation under section 78 of the consumer credit act 1974 does not apply. Therefore, on the basis of the above, we have no obligation to provide you with a copy of the documents that you have requested. Therefore, I have returned your £1 cheque.

I trust this will help you with your enquires. if you need any further information, Please contact me again."

Any help with this would most grateful.

Regards,

Loftty

Hi there

May I ask if this account is still running?

I assumed if it was even if it was defaulted they should still be able to supply you with your agreement, especially if the account is still active.

A suggestion here though, a Subject Access Request (SAR) may be useful to help you through reclaiming on the PPI.
But the cost of these are £10 postal order or cheque payment.
They have 40 days to comply and MUST send everything they still hold on you.
If you decide to want to request for this, post by recorded post as well for your proof of posting.
SAR template on this link here:
http://forums.moneysavingexpert.com/showthread.html?t=1475553

However, just as long as you have an account number to the reclaim you want to do you can still continue to have a go with this.
For more info with guidelines of reclaiming here:
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

In regards of your details, agreements, SAR's etc, if you get any problems, you can always contact the Information Commissioners Office (ICO for advice as well, they will tell you your rights etc.
https://www.ico.gov.uk/Global/contact_us.aspx

Good luck with all this, please keep us posted and ask for help anytime as well.;)