Great - thank you

I am not sure what you mean by a SAR - I had tried unsuccessfully to claim missold PPI in June 2015 - which they rejected as they advised that I had entered into a non advised sale and had selected the box for PPI - they produced a photocopy of the form to support this, this tick was manually added in a printed box however I have no recollection of selecting this box as I had previously not requested or needed PPI. I took my complaint to the FOS who in sep 2016 upheld in favour of Capital One. They did however advise in a letter dated April 2017 that there may be a further avenue to recover some of this money due to the Plevin vs Paragon ruling. As a result of this I revisited the paperwork and found that the Short Application was not actually for a new card but to transfer a balance (at their invitation) to an existing card which I am 99.9% certain that I was not paying PPI on. I am not sure whether this would have made any difference but the bottom line is that based on the original information the FOS does not believe it was missold. On re-reading the final decision letter from Capital One I became aware there are some statements about the sale which I find questionable - they state that at the point of 'applying for the card' in March 2000 (which is incorrect - I was requesting a balance transfer from another credit card to my existing account with them in response to a invitation letter from them which appears to show a different account/reference number) I had selected the box to advise that I wished to apply PPI to my account, I had already held my account with them for around 12 months prior to this which I believe was not subject to PPI. They claim that: "you purchased PPI at the point of applying for a credit card with Capital One" (this as stated was incorrect I was not applying for a card) and that on acceptance of the application details of the terms conditions and full policy containing details about cooling off was then sent to me - which I have no recollection of receiving. They also advise that my postal application contained details about the cost of PPI, however as already stated this was in response to an invitation from Capital One to carry out a balance transfer at 0% interest which I am fairly certain did not contain any documentation to this effect. The final statement also refers to a non advised sale which means that they had no obligation to check my suitability/eligibility/existing cover/alternative policies/demands and needs/or disclose any benefit or additional information in relation to commission paid to the sellers. I feel very annoyed that they seem to have introduced a loophole where they were able to stealthily introduce this policy based on completion of a form for a transaction on an existing account, and that the ruling appears to have been based on the provision of documentation which would have been appropriate to an application for a new account. I appreciate that it is not now possible to revisit the initial PPI claim in light of the additional information but I now wonder if the statement about this being a Non Advised sale may also preclude me from pursuing a claim based on the Plevin judgement. When I called Capital One a couple of days ago their representative in the PPI claims department advised that if I was eligible I would have had a letter, however this is not the case. While I am disappointed not be be able to recover the PPI paid over the 9 years from the balance transfer in March 2000 to October 2009, when I realised I was paying it and cancelled the policy, I would like to think I could recover at least some of it via the Plevin ruling.

It was a 'Short Application Form' and the tickbox was filled in by hand

I had a capital one Platinum card on which i paid PPI - i used the templates from the Martin Lewis pages to complain was rejected on the grounds that when I transferred a balance to this card in march 2000 i ticked a box to request PPI. They attached a photocopy of the said form showing this box 'ticked' - however I had had the card for a couple of years before transferring this balance and had not had PPI (as far as I am aware but I don't have records going back to those dates) and would not therefore have specifically requested this on a balance transfer. Their argument is that I selected it, the information was there and I had a 30 day cooling off period in which to cancel it. Unfortunately this decision was also upheld by the ombudsman. I am aware that I can not revisit this although I am annoyed about this I phoned them yesterday to enquire about the Plevin vs Paragon case to raise a claim for overpaid commission and was told by their representative that I would have had a letter if I qualified. Is there any way to find out what rate of commission Capital One was receiving and how do I go about making a claim in the event it was greater than 50%?

Hi Slick Well the Prelim letter resulted in a big fat zero so the LBA (letter before Action) was posted by recorded delivery on 20th March and to date the zero is even fatter - they have until 3rd April to respond then it's off to court we go!!! I also took your advice and complained to the OFT about the threatening and intimidating letters I am continually receiving from their debt recovery arm (which is a trading name for Harlands) who have chosen to ignore my communications requesting that they desist in sending these letters while the issue with Harlands is in dispute. (surprise surprise!) Watch this space........

Hi Slickyes that sounds about right but to be honest I would be happy just to get them to dismiss this ridiculous demand for unpaid fees and charges!!So what is the next step?cheersP

Hi Slick the DD was for £12 mthly (it was on a special introductory offer) so It would be half that cheers P

Hi SlickMy DD's were scheduled for 8th of every month at £12 with the last one leaving my account on 9.5.11 after which I cancelled (having been told my membership expired in June. I have since located the Harlands agreement which advised that the last payment would be due on 8/7/2011.However I also located the flyer which prompted me to join this particular Gym. This had a few 'Introductory' offers - one of which was 12 month Direct Debit Membership. I can try to scan and mail these to you if these will help.regardsP

HiSlick I did reply but I can't see the response in the thread-please see details below -my details in red against the questions in your post Hi Slick Thanks for your response and my apologies for the delay in responding - I was doing a bit of digging and checking for any supporting documentation. The date for contacting Harlands was based on an entry in my journal dated 26th april to remind me to contact them to cancel - so the call would almost certainly have been within a day or so of this. The other dates are fairly accurate the joining date is from their documentation and the form actually has a note that all queries about p;ayment should be made to the Harland Group and stated quote " isobodies 08 does not deal with queries at the club." Hope this is useful best regards Pat On Tue, Oct 11, 2011 at 10:05 PM, The Consumer Forums wrote: Dear smeeagainybff, slick132 has just replied to a thread you have subscribed to entitled - Smeeagainybff v Harlands - in the Gyms and Health Clubs forum of The Consumer Forums. Here is the message that has just been posted: *************** So we can consider if your case is suitable for a reclaim of paid m/ship fees, could you list a chronological history of events including the dates you :- 1.Joined the gym. Joined 4th July 2008 2. Moved away. Moved away 27th February 2009 3. Contacted the gym saying you could no longer attend. On or around 27th April 2009 4. Subsequently attended to try and get value from your m/ship. August 2009 If you don't have exact dates, guess the month. When you asked to cancel, did you speak to the gym, to Harlands or both. Advised by Gym to contact Harlands Customer Service ***************

Hi Slick thanks for this. My membership was for a Gym called Isobodies in Alvethorpe nr Wakefield. but payments were administered by Harlands. I phoned their enquiries line in March 2009 to cancel my membership but unfortunately I no longer have a record of the date/time I must have misplaced this during my most recent move although I have found my confirmation agreement from Harlands. Their agent advised me that although I had moved it was deemed to be within an acceptable travelling distance and therefore would not be allowed to cancel until the contract was completed. I did try to attend a couple of times as I felt that I should if I was having to pay my fees every month but it was just not workable. I guess without any solid evidence it will prove difficult to progress this but I am happy to try anything you think would work even if it is just a write off of the admin and charge. If I can supply any further information which may help please let me know thanks

Thanks for this I will look into whether this ruling can be applied to my circumstances

I am not with Ashbourne but find myself in a very similar situation. I took out a Gym membership with Harlands in Jul2008 which I later found committed me to a 3yr direct debit agreement. Some months laterdue to a change in my personal circumstances I moved to an area where it was not convenient to me to get to the Gym so I called to cancel my membership but discovered that this would not be allowed so I asked when this would expire and was told June 2011. I have since moved again but continued to pay my membership every month until may 2011 when I cancelled the DD. Last week I got a text messsage from a company called CRS asking me to contact them - which I did to discover that it would appear that I had cancelled the DD too early and therefore owed £24 to harlands - which has now grown to £140.60 with admin and Credit recovery charges. I queried this amount but was advised that several letters had not been responded to (having been sent to the previous address where I have not lived since July 2009. I find it very annoying to think that once they have allowed this amount to escalate to this amount with charges that they are then able to 'locate' me with a text message- why couldn't this have happened when they first identified an underpayment? I am really upset that this situation has arisen and I probably now have a detrimental entry on my until now spotless credit reference. Is there anything I am able to do or must I bite the bullet and pay this extortionate amount for a £24 underpayment?