Should I send another SAR CAP1 PPI

**scatz1972** · 3rd November 2008 17:46

Hi

I originally sent a S.A.R - (Subject access request icon

) to CAP 1 to reclaim my credit charges, but when I got the list of transactions I saw that I had been charged PPI icon

from when I opened the account 2004 to early 2007. From 2007 the PPI charges stop not sure why, but it could have been because I ran into a bit of difficult paying my bill.

Im not sure if I remember ticking the PPI box or not but I was a student in 2004 so the PPI wouldnt have been of any use to me anyway, and I have been a housewife since.

Am I correct in thinking I was possibly missold?

What should I do now, should I send another SAR icon

request plus another £10 for the missing parts, as my original SAR was aimed at the transactions and charges...or am I within my rights to tell them to fulfill the original SAR request with copies of the PPI and agreeements etc.

Similar Threads:

**car2403** · 3rd November 2008 18:07

What was the wording of your original request?

**scatz1972** · 3rd November 2008 18:10

Hi

It was the one off this site:

"Please supply me with a complete list of transactions and charges relating to my banking/credit history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act Subject access request icon

fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch."

**car2403** · 3rd November 2008 18:22

You will need to send another, don't forget to ask for everything you are entitled to under the DPA.

You'll find the templates in the library and around the PPI icon

forum.

**scatz1972** · 7th January 2009 10:51

Hi

I sent the PPI icon

SAR

and CAP1 responded with just a copy of my transactions. I sent a lba icon

stating the bits that were missing on the 19th Dec and gave them another 7 days to respond, but I still havent heard anything.

What now?

**car2403** · 7th January 2009 13:57

You can complain to the ICO and then wait 6 months for them to deal with your file and for them to "ask" them to comply with your request.

Or...

You can sue them in the county court icon

for non-compliance with your DPA request.

**scatz1972** · 7th January 2009 14:10

Originally Posted by car2403

You can complain to the Information Commissioners Office and then wait 6 months for them to deal with your file and for them to "ask" them to comply with your request.

Or...

You can sue them in the county court icon

for non-compliance with your Data Protection Act request.

Ok, well I want the information as quick as possible because I want to do the PPI icon

and the charges at the same time...so I wont do the ICO route.

Do you think that I should write again to CAP1 and give them one more warning before court? at least then the court would see that I have been very reasonable?

**car2403** · 7th January 2009 14:34

I think you've been more than reasonable already and have outlined what you will do within 7 days if they don't comply.

It's really up to you, but I would be following through on my promise and issue a Court claim against them without further notice.

**scatz1972** · 7th January 2009 15:28

Just tried calling cap1 in the hope of speaking to someone who could deal with the non compliance...but just got the flaming call centre in India. The call centre say that they can see my Subject access request icon

but cant see my lba icon

letter, but I have checked and it was definately signed for on the 23rd Dec. They also say that they dont have a telephone number for head office!

SO...If I do as you say and file at court will I get the court costs back? and are there any adaptable POC icon

's that I can use?

**car2403** · 7th January 2009 16:04

You will be able to claim your Court costs back.

I'll hunt the POC icon

for DPA non-compliance out for you.

**car2403** · 7th January 2009 19:57

http://www.consumeractiongroup.co.uk...n-act-non.html

**scatz1972** · 18th January 2009 15:55

Hi again

Silly perhaps but I sent Cap1 another 7 day letter...anyway they still havent replied so I am off down the court tomorrow morning. I am trying to complete the POC icon

and I dont know what to put under section 6 damages, what can I claim for?

**car2403** · 18th January 2009 16:52

You can start with the printing and postage costs for the letters you've sent them already. Might not be much, but it's damages you can recover. You can add the Court fee to that, which should be £25 on MCOL.

**scatz1972** · 18th January 2009 16:58

Hi

, how much do I charge for the letters etc? and do I have to sort out a schedule/invoice for them?

**car2403** · 18th January 2009 17:02

There's an example schedule of costs outlined here;

http://www.consumeractiongroup.co.uk...ml#post1435550

Oh, you can also claim £9.25 per hour that you've spent on this so far - see the example for what I mean.

**scatz1972** · 19th January 2009 14:44

I have done as you said re:costs, it didnt come to much just over £40 before court costs. I filed at my local court this morning, rather than MCOL as I was going there anyway.

I will let you know when I hear something

**scatz1972** · 23rd January 2009 11:13

Capital One icon

have sent me a wad of paperwork through the post this morning.

They sent it to my previous address luckily my redirection is still in place, I notified them online and in writing of my change of address on the 19/12/2008. I just checked my account online and they definately have my new address!

Craftly the front letter is dated the 27/11/2008, all of the print outs have the 3/12/2008 on them but the envelope is dated the 21/01/2009.

More importantly I cant see anything about the PPI icon

, there certainly isnt any contract or agreements, it just contains a snotty letter, my transactions, a load of paper called Raw Data, and screen dumps of my account...the only thing I can spot is that they have me down as a Student (which I was) and the screen shot shows PPI required - YES

So what do I do now? I filed at court on Monday for non compliance

**scatz1972** · 25th January 2009 13:45

I have been looking around the PPI icon

section, should I have sent CAP1 a CCA request and not a SAR icon

??

**car2403** · 25th January 2009 14:02

Firstly, your claim for damages for late compliance with your SAR icon

is still valid - it would be worth writing to them once they've acknowledged your claim pointing out that you have suffered and seek a settlement to save avoiding the Court's time. If they don't settle, you continue to recover those damages.

If you are reclaiming PPI icon

, the SAR

is the right method, as you need to know how much you have paid. The CCA request will establish if the debt is, or was enforceable, but that's a slightly different ball game. It's worth sending a CCA request to Cap 1, as most of their agreements are unenforceable, which is nice...

**scatz1972** · 25th January 2009 14:09

Hi Chris

Okay I will wait for Cap1 to acknowledge the claim.

I did ask for copies of agreements/contracts that related to the PPI icon

and they never sent them through either.

Thread: Should I send another SAR CAP1 PPI

Thread Tools

Search Thread

Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI

Re: Should I send another SAR CAP1 PPI