Capital one PPI - help

Happiness6500

All, this may take time to explain so bear with me.

I had a capital one credit card since 2004 . I had taken out ppi at the time , cant really remember the discussion properly, just thought as with so many others that is was essential not optional .

Anyway in April i sent a letter to capital one asking for a copy of my credit agreement and details of my ppi.

I was in debt management and I think these companies tend to ignore you from that point of view

Anyway i got the credit agreement but no ppi info !

I wrote to them again about reclaiming charges (the difference between full charge and £12 accepted value about £220 including interest

Also second letter chasing info on PPI.

No reponse

Wrote to them again about middle of May this time to the exec office, one letter covering both my queries

Guess what no response



At start of July I phoned FOS re the nil response, Lady said I was entitled to complain as they had not responded within 8 weeks to either letter.

Meantime I had come into some monies so attempted a full and final on my account of £1100 . accepted £710 which i paid as partially satisfied on 15th July.

Lo and behold I received a letter (dated 16 July) re charges with the supposed response dated May offering £152 , less than my request .

I sent letter back (maybe cheeky, but worth a try) asking that as i was in a DMP with CCCS they would only be entitled to a pro rata portion of the refund to my account and that i would accept £116 to help pay towards my other creditors also that i had settled F n F.


Finally on 29th July I received a response re PPI, i have detailed there response below:


Having reviewed your account, I can see that you applied for your card over the telephone. Unfortunately, because of this, I can't send you a copy of the application. But whenever we complete and application with a customer over the telephone and offer payment protection insurance, we always ask our customers if they'd like to take advantage of this cover and explain the criteria for having it. And before adding it to their account, we ask them to confirm that they want this.

Since we added the protection to your account, we've sent you a number of statements. On your statements, we tell you how much payment protection insurance we're adding each month. The amount of the insurance that you pay will depend upon your balance during that month

Because you havent questioned these charges before I cant refund any of the premiums that we have charged to your account.

Also I can confirm that we have already cancelled your policy on 18 December, 2009

If you need any other help or information , please call etc


Called Cap 1 about the 30th July , re this letter , I explained I still hadnt had any terms and conditions of the PPI , she said i would need to send a SAR again (argh !!) and £10 fee. But she said , you should wait for the post as they had reviewed my charges !


So i duly awaited the next letter, it arrives and to my pleasure they said they have reviewed my default charges and although they didnt accept responsibility for overcharging they were willing to refund me all by Default sums that is £827 including interest _

I am about to send back the acceptance , means the balance of the account can be settled and I get about £450 back .


So sorry for the long story ... but i question what is the first step for the PPI . I have never actually applied for a refund of premiums yet although they have already rejected any ha ha.. But I wonder what tack to take


Advice gratefully received .

PS i thought it was quite a positive story for would be claimers of charges too


Happiness6500

di3004

Hi there

Blimey you have been given the runaround haven't you?

May I ask - when you first requested a SAR and sent the first payment, did you check your account to see if they had debited this one?
If so then you should not have been made to send another payment, so if this is the case you write back and tell them you are not sending another payment in request for the SAR, as I have evidence via bank statement you already debited this from my account.

Then go on to tell them that if you don't receive your request by the next 14 days (if the 40 calendar days have already passed), or you will complain to the Information Commissioners Office (ICO).
https://www.ico.gov.uk/Global/contact_us.aspx

In fact you could still contact the ICO for advice on this matter if you want to.


I also note they said the sale was taken place over the telephone, so this would mean that this have been checked upon and they have evidence of this, so you could ask that they send you a copy of the telephone recordings, they should though enclose within the SAR otherwise.
See what they say about this one.;)

Normally, as you are aware, when you make a reclaim on the PPI, they have 8 weeks in full to respond, some will respond to ask for more time, this is usually okay, because they have not ignored your complaint, they then give a timescale on when you should expect to hear from them with a decision.
If this was totally ignored after 8 weeks have passed, then you do have the right to complain to the FOS, you let the FOS know that you have given over 8 weeks and you've not heard anything at all in relation to your reclaiming complaint.
You also turn to this procedure by a final decision, if your not happy with it.

So the first stage would be the FOS questionnaire, this is in replacement of the first reclaiming letter, and you then send to who was responsible for mis selling you the policy from the start.

And you keep a copy as well, so for example, if you need to complain to the FOS, you then give them a copy of the complaint you originally sent the bank.

You will find the FOS questionnaire on the link below, further down the page as stage one.
Then there are follow on letters from that stage.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

Hope this helps, good luck and please keep us posted.;)

Happiness6500

Thanks Di , I remember when I asked for credit agreement and list of charges , I asked for this over the telephone and they sent it . so havent paid SAR fee.

RE claim , I havent actually claimed , I really did want to see the terms and conditions of the insurance.

Also Im unsure what to claim on ? What is my main reason for reclaim , is it that it wasnt notified to me as optional , that also i had life insurance and sick pay with my company , also that I have never required to make a claim and have been with the same employer for 28 yrs ?


as u say maybe the call recording would be good , but should i not have a signed agreement also is it binding in a telephone call ?

di3004

Happiness6500 wrote: »

Thanks Di , I remember when I asked for credit agreement and list of charges , I asked for this over the telephone and they sent it . so havent paid SAR fee.

RE claim , I havent actually claimed , I really did want to see the terms and conditions of the insurance.

Also Im unsure what to claim on ? What is my main reason for reclaim , is it that it wasnt notified to me as optional , that also i had life insurance and sick pay with my company , also that I have never required to make a claim and have been with the same employer for 28 yrs ?


as u say maybe the call recording would be good , but should i not have a signed agreement also is it binding in a telephone call ?

Hi there

Cheers for clarifying on this.

On the link below, there is a checklist, if any of them apply to you then you should have a case to make a reclaim.

You should have been informed it was optional really, but if you were covered say by your employer you could have also been given the opportunity to let them know that you already have protection. (If this is the case).
But do check on the list on the link added first.

You should have had an agreement, no matter how it was sold to you, if this was arranged over the telephone, then they should have send you the particulars to sign through the post, you would have returned that after signing, and they would then send you a copy back afterwards.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

So if the account is still running, they should send you this on request.

With mine, it was a case of writing a simple letter, for example:

"Please supply me with a copy of my agreement - Account number XXXXXX by 12- 14 days, I enclose the required payment of £1 by a cheque/or - postal order payment".


If the account was settled a few years back, then they may not hold this actual agreement, but they should still hold loan information details going back at least the last 6 years.