Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default capital one ppi -say i agreed ???????

    hi to you all,
    have got all details from Capital Oneicon and have sent a couple of letters saying about the misselling of PPIicon.
    reply from them saying it was done and agreed by me on the application form so they are not prepared to refund any payments.
    i have totalled the amount and it is £127.08p.
    can i claim interesticon on the amounts as they would have charged me that and if so does anybody know how to calculate it.
    thanks.

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  2. #2
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    Default Re: capital one ppi -say i agreed ???????

    Quote Originally Posted by oggy1 View Post
    hi to you all,
    have got all details from Capital Oneicon and have sent a couple of letters saying about the misselling of PPIicon.
    reply from them saying it was done and agreed by me on the application form so they are not prepared to refund any payments.
    i have totalled the amount and it is £127.08p.
    can i claim interesticon on the amounts as they would have charged me that and if so does anybody know how to calculate it.
    thanks.
    Hello Oggy and welcome to the forum,

    Do you know what contractual interest they charged you. When you find it, that is the one that you apply to every payment that they took from you from the date they took it to the day you ask for it back and then the rest.

    You can use the interest calculation spreadsheet in the bank charges template. Use either advanced excel or word. It contains three pages, one for your details, one for the charges, and the last one for the interest, which you can change to your needs.

    If you need help ask

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  3. #3
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    Default Re: capital one ppi -say i agreed ???????

    well i have all my paperwork from Capital Oneicon and it shows on the application form the PPIicon is ticked 'yes'.
    the credit finance agreement which they have sent does not include any signatures and to my understanding it is not a true copy as it is not signed.
    the finance agreement has a section for payment protection insurance and this has not been agreed.
    so am i right in saying i should not have been charged for it.

    thanks for any help.
    am trying to find out the ci % rate they charged me.


  4. #4
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    Default Re: capital one ppi -say i agreed ???????

    I would think you have a very good case, but there are more on here who understand the CCA stuff than I do better placed to advise, but the fact that it is not signed would suggest you have a decent case to me.

    Bank and credit card reclaims - £9,806
    Sainsburys CCA non-compliance with FOS;
    Natwest reclaim of £340 in progress;
    Egg credit card reclaim in progress



  5. #5
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    Default Re: capital one ppi -say i agreed ???????

    thanks bathgatebuyer, having read the agreement they have sent to me it clearly states that charges would be £12.
    makes you wonder why they have charged me £25.00 then??


  6. #6
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    Default Re: capital one ppi -say i agreed ???????

    Quote Originally Posted by oggy1 View Post
    thanks bathgatebuyer, having read the agreement they have sent to me it clearly states that charges would be £12.
    makes you wonder why they have charged me £25.00 then??
    Hello Oggy1,

    I looks like they have sent you their lovely new layout format of the credit agreement that they are all hurrying to do. Have you ever seen it before???? no you haven't. They reduced the charges from £25 to £12 after investigation by the fsa and oft a couple of years ago. They only thing they probably do hold is you pre-contractual application form, which probably does not contain all of the prescibed terms it should have under the CCA to make it enforcable.

    I have just received one from MBNAicon is looks super, they insist it is my credit agreement and they have now complied with my ca request. The cca does allow them to omit signatures. But if it goes to court, well it is not a true copy of anything that I signed. They don't have it, that is why they are sending out these.:o

    IMHO these creditors amoungst others, in light of the customer revolt, now realise, that they have been a bit complacent with their legal responsibilities under the CCA. They probably didn't realise, that consumers would find out, and now they are falling foul from it I would write back to them and challange it.

    Bye the way who ticked the application form for for PPIicon??????

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  7. #7
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    Default Re: capital one ppi -say i agreed ???????

    hi hellhasnofury,
    i cant remember ticking the PPIicon box and the strange thing, the tick is different to mine.
    have you done POCicon for ppi because thats my next issue with cap 1 and MBNAicon.
    i have requested the original ca from cap1, again on thurs last.
    any help would greatful and thanks for that info, cant see that producing copies now will be enough.


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    Default Re: capital one ppi -say i agreed ???????

    Hi oggy 1,

    Funny you should say that about the tick,I received my credit agreement(Application form) back from cap 1,I have posted it on my thread,I thought I was being paranoid as I thought the tick was different to mine.

    UK aviator has had a look and he said the same thing.

    Have a look and see what you think. Okay still can't figure out how to link to my thread It is Capital Oneicon Buchanan Clark and wells it is in the capital one thread.

    They must have been busy ticking all the boxes as they came back.

    Mrs c


  9. #9
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    Default Re: capital one ppi -say i agreed ???????

    hi mrsc,
    just looking at my form again and it is different to the other ticks in the boxes,
    surely they wouldnt go to these lengths to get themselves out of these claims.


  10. #10
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    Default Re: capital one ppi -say i agreed ???????

    Hi oggy1,

    I am sure they wouldn't


  11. #11
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    Default Re: capital one ppi -say i agreed ???????

    does anybody know the ci % rate crap 1 charge?


  12. #12
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    Default Re: capital one ppi -say i agreed ???????

    Hi Oggy1,
    These people must think we were born yesterday. I have just received my S.A.R. from M.B.N.A. (virgin) in which they have sent a copy of a PPIicon purchase form, with a tick in the box and no signatureicon. They have written ' I confirm that the tick in the box is a valid means of establishing the authenticity and integrity of my signature', which is very funny as they sold ppi to me over the phone. From the S.A.R. I have calculated the amount of ppi paid, using the On-Line interesticon Calculator, have added interest at 8% APR. The total figure has been sent back to M.B.N.A. informing them of the amount they owe, and I am now passing all the information to the F.O.S.
    Good Luck Capri Kid


  13. #13
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    Default Re: capital one ppi -say i agreed ???????

    Seems a few of us are in the same boat as my Halifaxicon PPI was allegedly signed for on an application made by a mailer, yet although my signatureicon appears to be on it, the rest of it has not been completed in my handwriting!!! Whose handwriting it is, I don't know. The Halifax insist it is mine, indeed there last letter says that they have 'analysed my signature on the form with that on my letters and believe that it is the same', which surprised me as I didn't know theywere calligraphy experts as well as bankers!

    Anyhow, looks like I'm taking my case to court and will happily pay for a handwriting expert as part of my evidence.

    Bank and credit card reclaims - £9,806
    Sainsburys CCA non-compliance with FOS;
    Natwest reclaim of £340 in progress;
    Egg credit card reclaim in progress



  14. #14
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    Smile Re: capital one ppi -say i agreed ???????

    hi,
    have sent Capital Oneicon a lbaicon for the PPIicon, having stated that the ppi was not selected on the cca they sent to me , and also that it is not a true copy of the agreement.
    also reminded them that they are now in criminal default for non compliance, i also said that as a concession to them i will allow a further 7 days for the agreement to be produced.
    as i have issued a claim for the charges back i am waiting before i issue the court papers for the ppi.
    i am also claiming compensation for the payments i should have recieved after my accident in feb 05 , but being self employed i found out the ppi was useless.
    i think its worth a go???


  15. #15
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    Default Re: capital one ppi -say i agreed ???????

    recieved a letter back from Capital Oneicon,

    "as i have said before, we will not be making any refunds for PPIicon as you selected the cover when you applied for the card, and we will not enter into any more correspondance on this issue.
    if you have any complaints , please contact the financial Ombudsmanicon.
    we hope all the issues are now behind us and we can move forward now."

    i cant believe it, they just dismissedicon it out of hand and wont discuss any more, just thinking about issuing court papers!!


  16. #16
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    Default Re: capital one ppi -say i agreed ???????

    Quote Originally Posted by oggy1 View Post
    i cant believe it, they just dismissedicon it out of hand and wont discuss any more, just thinking about issuing court papers!!
    Dont they ALL make you so angry.
    I wouldnt waste your time trying to be nice anymore.
    Go right ahead with your court claim, and shove their ignorance up their noses.
    Good Luck.
    Keep us posted.

    .



    I Wish you everything you wish yourself.

    .


    NatWest Claimed £1,639. Accepted £1,344.
    Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
    Barclays 1 Claimed £1,260. Won by default. Paid in full
    Barclays 2 Claimed £2,378. Won by default. Paid in full
    Birmingham Midshires. Claimed £2,122. Accepted £2,075.





  17. #17
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    Default Re: capital one ppi -say i agreed ???????

    hi,
    have issued court papers against them and it is deemed served on the 2nd jan 2008.
    put in my POCicon a section that they will not produce the cca as requested, if they defend the PPIicon , i will demand the true copy to be produced and i know they cant , or hope they cant.

    the letter they sent to me said if i wasnt happy with them why dont i close my account, well if they close it , i will go for all the interesticon etc as it wasnt enforcable anyway..


  18. #18
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    Default Re: capital one ppi -say i agreed ???????

    Oggy1

    Whether you 'ticked a box' or not, the key issue is whether or not the company or agent properly underwrote the PPIicon policy.

    For a contract of insurance, this means that they must have considered your financial situation, self-employed status, other cover that you may already have had, and so on. Contracts of insurance require this process to be carried out thoroughly.

    Ticking a box just isn't good enough, and (IMHO) you have been mis-sold.

    Ask for it to be cancelled 'ab initio', and for a full refund of premiums and interesticon charged.

    Very best of luck.

    T.

    "Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

  19. #19
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    Default Re: capital one ppi -say i agreed ???????

    thanks todge , waiting for crap1 to respond now so we will see what happens


  20. #20
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    Default Re: capital one ppi -say i agreed ???????

    had notice today that crap1 are intending to defend all of the claim, should i be suprised ??

    also had a letter from crap1 saying they will not change their response and also i had ticked the application form.

    still havnt produced the cca as requested , so will have to wait and see now.



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