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My husband had a credit card account with Capital One which was opened in August 2002 and closed in 2005. The charges on this account have already been reclaimed, but as normal, the bulk of the refund was used to offset the o/s balance on the account, although there was no o/s balance as the account was cleared through a DCA at a reduced figure, so the refund of charges went to offset this reduction.
Anyway during the course of claiming this refund of charges, capital one were asked for a copy of the original t&c's and also the original contract. The paperwork which they sent included a copy of the recent t&c's (as the charges were listed at £12 instead of £20) and a copy of the original application form completed by my husband. On this form he did tick the box saying he was interested in purchasing PPI, but to my knowledge was never given any further paperwork or explanation of this insurance. There are PPI charges on his statements from 4/9/02 to 20/6/05.
What I would like to know is:
1. Would he be able to apply for a refund of these PPI charges, even though he ticked the box on the application form.
2. Would he need to write to Capital One asking for a copy of any paperwork they may have on this PPI.
3. How would he go about this claim if it is possible.
Sorry I can't offer any real assistance as such but I'm in a similar situation. I sent Capital One a S.A.R. and the DCA a CCA request which they forwarded to Capital One. They have sent me printouts of statements, some screenshots of my account activity, templates of a default notice (without the details), their current t & c and just the part I signed on the bottom of my application form.
I never ticked the box for PPI (always saw it as the sort of guff they try to sell you when you buy a washing machine). So far I haven't asked for unlawful charges back but I wrote to Capital One explaining I had never applied for PPI and would they please refund the payments plus the interest they had charged on those payments.
I received a reply basically telling me to bog off as their records show I did apply for PPI. I also said in my letter that I had never received any policy documents or information about PPI. Their reply was that it is sent out automatically and they have no reason to believe it was not sent and as I had 30 days to cancel and they had heard nothing, they saw no reason not to apply it.
I replied saying that as I had sent them a S.A.R. I believed it would include all information they held and that I was disappointed their records show I asked for PPI when those records have not been sent to me. I have now asked for "their records" which show I applied and accepted PPI and a copy of the policy document and the PPI t & c which were supposed to have been sent 'automatically'.
firethorn -v- CapOne PPI
which was opened in August 2002 and closed in 2005. The charges on this account have already been reclaimed, but as normal, the bulk of the refund was used to offset the o/s balance on the account, although there was no o/s balance as the account was cleared through a DCA
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Re: firethorn -v- CapOne PPI
