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

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 7 of 7
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Paladine Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2006
    Posts
    136

    Default PPI Advise - CapitalOne

    I recently received my CCA from CapitalOne which clearly shows I ticked the box saying I did not want PPIicon. When I raised this with CapitalOne they said "It doesn't matter because it is on your statements and you never cancelled it, so you are not entitled to a refund."

    This is 4 years of PPI at £10 per month.

    Is what they are saying true, that because the PPI was on my credit card statement and I never cancelled it, that it is ok for them give me PPI when I specifically told them I didn't want it?

    Would this be grounds for breach of contract since the PPI refusal is on the CCA?

    If they are talking out of their unmentionables, how do I go about claiming it back? I should add that I have been charged around £500 in charges as a result of this PPI as well which I would also like to claim back.

    Any help appreciated.

    Similar Threads:
    Paladine vs Abbey (2 Accounts)
    Steps Completed
    S.A.R. Sent on 31st October 2006
    S.A.R. Received 1st November 2006
    Letter received from Abbey saying statements and microfiche on the way Received 20th November 2006
    Received 14 copy statements for 1 account and 12 for another on 21st November 2006. Began prelim prep.
    Request for repayment of fees and schedule of charges sent on 27th July 2007.
    Next Action
    LBA going out on 10th August 2007

  2. #2
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Paladine Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2006
    Posts
    136

    Default Re: PPI Advise - CapitalOne

    Can anyone answer my questions in the first post please?

    Paladine vs Abbey (2 Accounts)
    Steps Completed
    S.A.R. Sent on 31st October 2006
    S.A.R. Received 1st November 2006
    Letter received from Abbey saying statements and microfiche on the way Received 20th November 2006
    Received 14 copy statements for 1 account and 12 for another on 21st November 2006. Began prelim prep.
    Request for repayment of fees and schedule of charges sent on 27th July 2007.
    Next Action
    LBA going out on 10th August 2007

  3. #3
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    I am in
    consolable
    Posts
    2,024

    Default Re: PPI Advise - CapitalOne

    Hi.

    HERE is a link to some good information on PPI.

    Come back and tell us when you are ready to start.

    Good Luck
    TC.

    .



    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.





  4. #4
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Paladine Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2006
    Posts
    136

    Default Re: PPI Advise - CapitalOne

    Quote Originally Posted by tonycee View Post
    Hi.

    HERE is a link to some good information on PPI.

    Come back and tell us when you are ready to start.

    Good Luck
    TC.
    Hi Tony,

    I already read that and from what I can see it is only applicable to mis-sold PPI not PPI that was added despite the customer explicitly saying no to PPI.

    As I said, I have the CCA which shows I ticked "No" to PPI yet they went ahead and added it anyway.

    Regards

    Alex

    Paladine vs Abbey (2 Accounts)
    Steps Completed
    S.A.R. Sent on 31st October 2006
    S.A.R. Received 1st November 2006
    Letter received from Abbey saying statements and microfiche on the way Received 20th November 2006
    Received 14 copy statements for 1 account and 12 for another on 21st November 2006. Began prelim prep.
    Request for repayment of fees and schedule of charges sent on 27th July 2007.
    Next Action
    LBA going out on 10th August 2007

  5. #5
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee Authoritative tonycee's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    I am in
    consolable
    Posts
    2,024

    Default Re: PPI Advise - CapitalOne

    Saying no is even more a case of misselling.
    Its allmost fraudulent, but lets no go down that road.

    Regardless of how its "labelled" its still missoldicon.

    I will see what i can dig out for you.

    .



    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.





  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Paladine Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2006
    Posts
    136

    Default Re: PPI Advise - CapitalOne

    Quote Originally Posted by tonycee View Post
    Saying no is even more a case of misselling.
    Its allmost fraudulent, but lets no go down that road.

    Regardless of how its "labelled" its still missoldicon.

    I will see what i can dig out for you.
    Thanks I appreciate it.

    Regards

    Alex

    Paladine vs Abbey (2 Accounts)
    Steps Completed
    S.A.R. Sent on 31st October 2006
    S.A.R. Received 1st November 2006
    Letter received from Abbey saying statements and microfiche on the way Received 20th November 2006
    Received 14 copy statements for 1 account and 12 for another on 21st November 2006. Began prelim prep.
    Request for repayment of fees and schedule of charges sent on 27th July 2007.
    Next Action
    LBA going out on 10th August 2007

  7. #7
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    hellhasnofury Highly informative hellhasnofury Highly informative hellhasnofury Highly informative hellhasnofury Highly informative hellhasnofury Highly informative hellhasnofury Highly informative hellhasnofury Highly informative hellhasnofury's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2006
    I am in
    in a little house in Manchester that natwest own
    Posts
    3,438

    Default Re: PPI Advise - CapitalOne

    Quote Originally Posted by Paladine View Post
    I recently received my CCA from CapitalOne which clearly shows I ticked the box saying I did not want PPIicon. When I raised this with CapitalOne they said "It doesn't matter because it is on your statements and you never cancelled it, so you are not entitled to a refund."

    This is 4 years of PPI at £10 per month.

    Is what they are saying true, that because the PPI was on my credit card statement and I never cancelled it, that it is ok for them give me PPI when I specifically told them I didn't want it?

    Would this be grounds for breach of contract since the PPI refusal is on the CCA?

    If they are talking out of their unmentionables, how do I go about claiming it back? I should add that I have been charged around £500 in charges as a result of this PPI as well which I would also like to claim back.

    Any help appreciated.
    Hello,

    Oh my god, how bad is that, on your ca it states no, but they continued with it anyway and then blame you because you did not cancel it, they have misled you into continuing to pay for it. This is good one for the misrepresentation Act:grin:

    Start the process of reclaiming back this mis-sold ppi and your penalty charges.

    I would do them separately as to do them together may confuse them and each issue may be dealt with in differing departments, but its your call.

    Do you have all of your info, if not send a full SARicon and wait till it comes. You will find it in the ppi stickies.

    If you have all the info work out your figures on a spreadsheet. I would do one for the ppi and a separate on for the penalty charges, work them out at their contractual interesticon rate, the rate they charged you, and then again at the 8%statutory rate allowed by the court. Save copies of both incase you need them again.

    Send them you prelim letters and wait for the 14days for their response, they probably won't bother, but you can hope.

    If after the 14days and no response or a we are investigating or bog off send you letter before actionicon letter giving a further 14days

    If no response or bog or your next course of action is the Financial Ombudsmanicon (if account opened after 2004/2005) or court.

    Send everything recorded delivery and keep everything in a file

    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


Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE