Capital One - cannot produce orignal agreement?

teddy54

Hello all, I wonder if anybody has come across this situation at all.
I asked Cap One for a copy of my credit card agreement with them. I was sent purely a copy of my signature, saying there is no requirement to send me a copy of the complete agreement, quoting "Judge Waksman QC in Carey v HSBC (2009) 3417 (QB)".

Obviously I wanted to examine the original application to see about the ppi portion, I am sure in my mind that I did not request this at the time.

So where does that leave me? Cap One cannot provide me with the part of the agreement I need to see, as "the page we have sent you is all we have scanned onto our system". Has anybody any experience of this? Basically they appear to be saying it is their word against mine.

Can I progress this matter any further? All I have is every statement showing the monthly ppi charge.

Thanks for your help.

dunstonh

Obviously I wanted to examine the original application to see about the ppi portion, I am sure in my mind that I did not request this at the time.

I wouldn't say obviously as PPI doesn't usually show on on credit card agreements.

Basically they appear to be saying it is their word against mine.

Not really. If you dont know you have it then look at your statements. If you have it then it appears on the statement. If it doesnt you dont.

All I have is every statement showing the monthly ppi charge.

So, you know you have PPI. In which case, why were you after the agreement?

teddy54

Thanks for the reply. Yes I know I had it, as it appears on all the monthly statements I hold. I wanted to see that I had agreed to this, because I do not believe I did, it would never have been necessary at the time.
I am probably getting confused here. What I wanted was a copy of my application, and I did request this, I made the same request to another bank and this was sent to me, along with the copy of the credit agreement. So all they are willing to send me is my signature, and a copy of the agreement, not a copy of the original application which they are saying they do not hold.
Sorry for the confusion, but assuming they do not still hold a copy of the application form, where does that leave me?

dunstonh

I am probably getting confused here. What I wanted was a copy of my application, and I did request this, I made the same request to another bank and this was sent to me, along with the copy of the credit agreement. So all they are willing to send me is my signature, and a copy of the agreement, not a copy of the original application which they are saying they do not hold.

They dont have to send a true copy.

Sorry for the confusion, but assuming they do not still hold a copy of the application form, where does that leave me?

It doesnt make any difference. The agreement doesnt not aid the complaint in anyway. Most Cap One PPI sales are added post sale. Typically by phone when activating the card or some other query. The FOS has accepted their sales process over the phone as being compliant. Which is why in part most Cap One complaints on PPI fail with the FOS. However, if you have a good strong complaint reason, such as good sick pay benefits or ineligible for cover, they will usually work. Weak reasons such as unprovable verbal allegations usually fail (unless an unidentified failure is found).

teddy54

Thanks for your reply, much appreciated.