Capital one won't provide me with docs

nannypops

Hi everyone,
Really need some advice. We had a capital one cc for roughly 12 years, we paid it all off in august and closed the account.

I am pretty sure that we had ppi with them, we even phoned once to query it and asked for them to take it off and they didn't.

Anyway I wrote to them with the letter template off this site and they have replied saying as the account is closed they will not provide me with any documents under section 78 of the consumer credit act 1974 as it does not apply.

I'm not sure what to do now? Any help would be greatly appreciated.
Thanks

di3004

Hi there

You have requested for the CCA and they have not provided this, but have you tried a full SAR? (Subject Access Request)?

There is a SAR letter template below and you enclose the one off payment of £10 cheque or postal order, they have 40 calendar days to comply and they MUST COMPLY to this request under the Data Protection Act (DPA).

With the agreement request, if the account is no longer active they sometimes come back and say they do not have to provide this as the account is no longer active.

So basically with a SAR although its dearer, they must send all the data they hold on the account mainly going back to about 6 years, but also enclose details of any PPI.

https://forums.moneysavingexpert.com/discussion/1475553

However, if your sure you were paying PPI, you can still continue to make a reclaim without the need of the paperwork if you want to.;)

nannypops

Thank you so much for your reply.

I am pretty sure we was paying some type of insurance. The card was taken out 12 years ago and I think it would have been done by filling in one of those forms that come free with papers.

If I want to claim back ppi without doing the sar how would I go about doing that?

Many thanks

conchobair

Can you check your old credit card statements to see if ppi was on there ?

I had a successful claim with Capital One recently even though my account was paid up and closed. I still used the template to make a complaint of mis-sold ppi based on the fact that according to my old credit card statements i had been paying PPI and wasn't aware what this was.

Anyway, just provided as much info as possible on the template inc account numbers etc and it was all dealt with no problem

nannypops

Ok thanks. Only problem is we have no paperwork as all the old statements got thrown away.the only thing I have is the account number. I am sure that their was an insurance on there though as I remember my husband ringing up asking them to take it off and for some reason they didn't or wouldn't.

Is there another letter template on here that I could use to ask for ppi charges back? Do I have to know the full amount that I need to claim back though or do they work it out?
Thank you so much for your replies.

Mazzac

I am in the very same situation as nannypops (statements shredded,not sure whether I was paying PPI etc) and I've had the exact same response from Egg in respect of a closed and settled account. Should that make me think that they know I was mis-sold PPIs and they are trying to avoid/delay the issue, otherwise why not just le me have the T&Cs?? I am interested where to go next too - begrudge paying £10 if they are guilty as charged but won't let me see the proof, if you see what I mean. Many many thanks for all advice - times are hard!!

dolphin1_2

I'm having the same problem with Natwest - they are saying as the loan(s) has ended they have no obligation to provide the info. I do now have the account numbers for the loan(s) (but no T&C's) is it worth filling in the PPI form that natwest have online & just posting it anyway & see if I hear anything?

nannypops

Hi , yes I thought that as well. We sent off the £1.00 chq, our account was only closed about 3 months ago and we was with them for about 12 years. In the letter it states that they are getting someone to return the £1.00 chq to us!

I was wondering if I could do a letter first asking for charges back and if they say no then do the sar letter? Not sure though if I need to know the total amount I need to claim back. Do I just do a letter asking them for the charges back?
Many thanks

andrea-bee

Hi everyone,

Just thought I'd post some hopefully useful info on all the above. I received a letter back from Egg Banking yesterday, saying that they weren't obliged to comply with my data request because the account is closed, citing the Consumer Credit Act 1974, section 77 (so basically the same schtick that nannypops has been given!)

Now, I did make a full data subject access request in the first place, which falls under the Data Protection Act (a different thing to the Consumer Credit Act, Egg people!) So, together with the fact that I first wrote to them literally about 3 months ago, it seems clear to me that they are just trying to stall things and put obstacles in my way in the hope that I'll get fed up and give up. They initially waited until the 40 day limit was nearly up and then wrote saying that they couldn't fulfil my request because I hadn't filled out one of their 'change of name' forms (although I had sent them a copy of my marriage certificate and piles of other supporting docs!), and then when I re-sent the full SAR to them again together with their precious name change letter, they've now waited weeks again before sending me this nonsense letter about the Consumer Credit Act.

Everything I know about the Data Protection Act suggested to me that it was v unlikely that they'd be able to get out of the obligation simply because the account was closed - the data still exists! And that's all that the DPA is concerned with, and if it's YOUR data you have the right to see it. I've done some digging today and found the Information Commissioner's Office, which is the government department that regulates the DPA. I phoned their helpline and talked through my correspondence with Egg, and they've confirmed what I suspected. They said that Egg are obliged to fulfill my SAR, under the Data Protection Act, and the Consumer Credit Act 1974 doesn't even come into it!

It's funny isn't it, how it sounds like a lot of these companies have stumbled across this same little trick to try and put people off at the same time! They're obviously being hurt by all the claims and have had legal people trying to look for any get-out clause.

The ICO advised me to write to Egg again, and point out that my SAR is under the Data Protection Act (not Consumer Credit Act), and they in fact ARE obliged to fulfil it and if they don't I will start complaint proceedings with the Information Commissioner's Office.

Of course it is all a huge faff, but this is what I would expect from any financial services company to be honest! You just have to stick with it and beat them at their own game!

Hope this helps.

di3004

Hello there

You can still continue to make the reclaim without the paperwork, if you think PPI was included and mis sold, then just go ahead anyway, and take it from there.

Reclaim questionnaire as on step 3 below, this replaced the template letter and issued by the Financial ombudsman service (FOS) to save time later on, so always save copies of your completed reclaim questionnaires in case you need to make a complaint about the business to the FOS later on, good luck.

http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance#step3

dunstonh

They said that Egg are obliged to fulfill my SAR, under the Data Protection Act, and the Consumer Credit Act 1974 doesn't even come into it!

Egg do seem to get confused. However, quite a few posters here seem to be getting confused as well as we have seen many posts from people using the £1 method under S77 of the CCA to request their agreement which has nothing to do with the DPA and only applies to debt still outstanding. The £10 DSAR has nothing to do with the CCA and applies to all relevant filing systems.