Wednesday vs Capital One

[wednesday1867]

How we all doing?

Just thought i would start a thread, i am putting my Subject Access Request and cca request in the post tomorrow to Cap One. I doubt there are many charges if any at all, i went on a DMP not long after signing up to Cap One.

The main reason i am doing this, is to receive a copy of my agreement, to see if i can stop paying them full stop and reclaim any ppi charges, if i signed up for it or not.

I take it i send the Subject Access Request to

Legal Compliance Specialist
Capital One Bank (Europe) plc
Trent House
Station street
Nottingham
NG2 3HX

Does the CCA go to the same address?

Anyone enlighten me to what kind of responses to get to CCA's, do you get proper agreements or is it just made up stuff?


Thanks

[wednesday1867]

Just a quick one

Does anyone know if Capital One, send the Subject Access Request's out free or do they cash the cheque?

Thanks

[ukaviator]

They normally just send out the paperwork for free. By not cashing the cheque though, it makes you wonder if you do get everything asked for in the S.A.R. Probably not.

Uk

[wednesday1867]

Well everything turned up today, they obviously cashed the cheque, i got screen prints, list of codes etc and my transactions.

Charges add up to £140, no idea level of interest tho, just checked their website and it says 34.9 so sending pre lim tomorrow for £226.57 payment by cheque only, nearly forgot add another tenner on for the S.A.R - (Subject Access Request) so a total of £236.57.

If anyone knows a more suitable interest rate id appreciate it.

How are Capital One with the lower end of charges reclaiming? Am i likely to have any trouble, just want a straight you can have x, no i require y, ok heres y, thank you Capital one


Thanks

Edit*

Ill be posting it to Capital One Bank
Executive Office
PO Box 5281
Nottingham
NG2 3 HX

Again if anyone knows a different one

[wednesday1867]

Anyone got any info on how Capital One handles CCA requests, their initial 12 days is up on Friday, nothing received as of yet

[ukaviator]

Originally Posted by wednesday1867

Anyone got any info on how Capital One handles CCA requests, their initial 12 days is up on Friday, nothing received as of yet

There is a postal strike due tonight as well. They normally send it within the time frame if they have it.

Uk

[wednesday1867]

Lets hope they dont, only got a couple of hundred in charges, lack of agreement is a far better option

[dpick]

Originally Posted by wednesday1867

Lets hope they dont, only got a couple of hundred in charges, lack of agreement is a far better option

Hi wednesday all I got for Feb 2000 card from crap1 was the application form I have other fish to fry with them before I start on that got my charges now after PPI

all the best dpick

[wednesday1867]

Dpick me and you seem to be fighting the same battles

My cards only 2 years old, so kinda surprised i havent received anything yet, thought i would of...........

[dpick]

Originally Posted by wednesday1867

Dpick me and you seem to be fighting the same battles

My cards only 2 years old, so kinda surprised i havent received anything yet, thought i would of...........

Yep we do but remember it's two good heads against one CRAP1

will be watching dpick

[wednesday1867]

Well today i received the Agreement, a day late, but ill let them off cos of the strike how nice am i

The agreement looks the business as far as i can tell, ill take some pictures and post them up over the weekend.

Only things ive got questions about are:

PPI, cant see any mention of it, no box, no signature, how do Cap One arrange PPI?

Current charges are £12, so makes me think the t&c's they sent are current and not the ones applicable at the time

Edit

Something that could be disturbing on the attached letter

The status of your account, as at the date of this letter, is currently behind in payments.

Your current outstanding balance is £XXXX.XX

The next payment due and payable to your account is £XXXX.XX

Now the 2 amounts are the same, this isnt a demand for full payment is it?

They can whistle if it is

[wednesday1867]

This is what i received for my CCA,

http://i197.photobucket.com/albums/a...ementPage1.jpg

http://i197.photobucket.com/albums/a...apOnePage2.jpg

Also got a double sided terms and conditions, must be recent as charges are £12.

Shouldnt there be more than i have received? As its signed, they should or will have the rest?

Now gonna reply saying as they have sent me Subject Access Request and a cca request, i now should have all info they have on me, so why is there no mention of PPI and i want it returning

[joneshousehold]

Wednesday, I am interested in this as I have received similar documents. I have told Cap 1 that they are still in default as the T&Cs are current and not those in force at the time I signed. The TS agree with me although they frequently say that if a copy of the original T&Cs turn up then Cap 1 will no longer be in default.

As for whether the documents are enforceable, I have said they are not but Cap 1 do not agree. However Cap 1 have not actually replied to my analysis, they merely say they do not agree. I have pointed out they would need to do more than that in court but for the moment they don't appear to be listening.

[wednesday1867]

How long ago did you sign up?

My problem is, i signed up middle of 2005, so i was resigned to them having the agreement.

They have the main bit signed by me, so i imagine it would be easy enough to provide the correct t & c's , is there anything else missing? If nothing is missing and its just the lack of t & c's i will just carry on with the charges.

I am gonna send this tho

Dear Sirs,

I thank you for supplying me with my requests, namely an agreement i requested under the Consumer Credit Act 1974 and a full Subject Access Request under the Data Protection Act 1998.

Now with these two requests fulfilled i am led to believe that is all the information you have relating to my account. So i am a little surprised to notice nothing in relation to the Payment Protection Insurance i have been paying on this account, if i had agreed to it, surely i would of received the confirmation of this already included in the Subject Access Request or the request under the Consumer Credit Act for a true copy of my agreement, if you have this information, surely you would of supplied it already?

As of today i believe due to lack of supporting evidence, i did not ever request PPI, i calculate since the card was opened, i have paid a total of £XXX.XX in unauthorised premiums, also £XXX.XX which was taken at the rate of 34.9% the advertised rate on your website, so in total £XXX.XX, i require a full refund of the monies paid to you in relation to the unauthorised PPI in the form of a cheque within 14 days.

If either a cheque or proof i requested the PPI is not forthcoming within this time limit, i will then send you a letter before action, giving you a further 14 days to reflect, at the end of this time i will file a claim with the Court.
After that, there will be no further communication from me and I will issue a claim with my local county court at the end of the second deadline.

Does it need work or is it good to go?

Thanks

[joneshousehold]

Mine was signed early 2004.

I can see most of the prescribed information is on the second page but no mention of default charges on mine. Can't see any on yours either.

However as a separate issue, how do I (or indeed a court) know that page 2 is part of the signature document?

Also when you read the wording of the first page, it is an application document and not an agreement. I am interested in what the learned opinion on this is.

[wednesday1867]

I have asked the question on the thread about agreements, no reply as yet.

The default charges was on another sheet, the charges are £12 so i know its recent