Return of PPI from Cap 1

[Carl Stevens]

I opened c/card account in sept 2004 and was only aware in march 2006 that i was paying ppi monthly on any outstanding balance at a rate of 79 pence per £100. I then cancelled the ppi. At no time did i sign for this and aswell as this i was self employed. I got a copy of all my statements and totalled the ppi up and requested a refund of the money (£360.00).
They have replied by telling me that i was sold the ppi over the phone, and said they told me it was optional and that i agreed to it.They also said that they sent me the terms and conditions which is also untrue. Should i ask them to send me another copy of the agreement or just go on to the LBA stage.

[hellhasnofury]

Originally Posted by Carl Stevens

I opened c/card account in sept 2004 and was only aware in march 2006 that i was paying ppi monthly on any outstanding balance at a rate of 79 pence per £100. I then cancelled the ppi. At no time did i sign for this and aswell as this i was self employed. I got a copy of all my statements and totalled the ppi up and requested a refund of the money (£360.00).
They have replied by telling me that i was sold the ppi over the phone, and said they told me it was optional and that i agreed to it.They also said that they sent me the terms and conditions which is also untrue. Should i ask them to send me another copy of the agreement or just go on to the LBA stage.

Hello Carl,

The onus will be on them to prove that you agreed to it, I would ask them for a copy of your credit agreement and a copy of the telephone recording that you agreed to it.

Continue on your course of action at your timescales

[Carl Stevens]

Thanks for that is there a template for this and is there a charge to get the information. should i allow them a set time to respond to this aswell.

[hellhasnofury]

Hello.

Did you do a S.A.R - (Subject Access Request)

It costs £10 and they have 40days to comply under the data protection act. You will find it in the ppi sticky. Full S.A.R - (Subject Access Request) for ppi. Make sure you ask for all telephone recordings as well.

For your credit agreement you need to send a request under section 77/78 of the consumer credit act. If you go to the main page of the forum go to the general debt forum click on the creditor/debtors template letter, copy and paste letter N. Add your details and post it recorded delivery, they have 12 working days + 2 days postage, before defaulting and if after a further 30days they do not supply it they have committed a criminal offence.

I would personally make sure I had all of the information that you require to make a successful claim before sending your lba

[Carl Stevens]

i had already sent a S.A.R. when claiming back my charges but only asked for the statements and wasnt aware at the time that you could claim the ppi fees back. Should I send a new separate one for the telephone conversations and one for section 77/78 for a copy of the credit agreement.

[Carl Stevens]

Surprise surprise got a letter back from cap 1 saying that i agreed to the ppi i have now sent a recorded letter asking for a copy of all transcripts and statements lets see what we get now. do they usually go to court on PPi's

[Carl Stevens]

I have had the latest letter back from cap1 sayig that the ppi wasnt mis sold so i am now going to fill in the forms for ombudsman. does anyone know what happens and the approximate length of time it takes

[Carl Stevens]

could anyone tell me what i need to send with the forms

[alanalana]

hello carl,

when you submit your complaint to the FOS you will need to send copies of all the letters to and from Cap 1 up to date, ie your S.A.R - (Subject Access Request), their response and any other follow up letters. This allows the Ombudsman to look at both sides and then make a decision. It will take a while but if the FOS does not uphold your complaint you still have the option of going to Court.

hope this helps

aa

[Carl Stevens]

Thanks for that I will fill in the forms and send of the documents do you need to let them know that you are contacting the ombudsman

[alanalana]

hello carl,

I did not bother to tell them initially. My first complaint is about the failure of the bank to comply fully with my S.A.R - (Subject Access Request). They made the going hard so I made a complaint to the Information Commissioners Office with copies to the FOS, FSA, OFT and British Bankers Association.
My letter reclaiming PPI goes tomorrow. check out my thread...
alanalana PPI claim against RBS (looking for some help) please
and you will get the general idea posts 23, 40, 47 and 96 may be helpful to you. You can see how I have approached it.

Good luck

aa

[Carl Stevens]

Thanks again for your help

[lenny100]

I tried this and went throught to the FOS but was turned down as they said they had prove i had ticked a box on my internet aplication requesting infomation/cover on PPI so i lost as the FOS said i had been sold iy corectly even though i had proveided evidance that i was told on the phone by one of there customer sales team tyhat i would be refused a card unless i took out a PPI

[oggy1]

hi lenny, i find the fos to be very long winded way of getting a result.
i am in court with cap1 in 9 days as i dispute the box thats been ticked on the application form.
have you done the S.A.R - (Subject Access Request) and requested all the details regarding ppi.
then take them to court, they might pay up.