Hello just wanted to say that I received the exact same letter from Capital One. I too was sold ppi during a telephone conversation but my call took place on the 5th of the month, my account didn't open until the 17th I sent Cap 1 a SAR and guess what? no evidence of this so called conversation not even a computerised record of the call being made. The CCA wasn't signed either and the box wasn't ticked for the ppi. Needless to say I have wrote requesting a full refund (only £200+) or I will go to the FOS. Good luck with this and don't be put off by their letter, it seems it is just a template one.

Hi there I just wanted to let you know that I recently wrote to MBNA for the exact same reason; OH being self employed and now requesting a full refund. Gail Powell replied to us with the EXACT same letter you had and even included OH application form and said the exact same, however I noticed that the tick on the application was different to all the other ticks on the form so we sent her a strong letter asking to see the original to confirm the different coloured ticks. No reply to my letter so I sent for a Subject Access Request and still waiting for the reply. I would urge you to fight on til the end, only now MBNA come at you with self employed were covered BUT certain criteria had to be met. Oh really? Well MBNA didn't tell OH about the exclusions after they received his application form with the self employed box ticked. Keep at them, its obvious MBNA are trying to fob us off with their standard letter as we have both received the same one. When we receive the SAR documents we will probably write one more time to Customer Services NOT Gail Powell and give them 14 days to respond, if they do not reply then we have no choice but to go to the Financial Ombudsman. We have recently sent letters out to reclaim ppi, so far we have had successes with Halifax card and loan and Monument. Don't give up hope they want you to do that to avoid paying out. We have strong cases with being self employed and they know that they just don't want to admit it as it will cost them £1000s and by the way OH account opened in 2001 too. Will keep in touch and let you know how we get on and I'll look out for your updates on here Good Luck xx

Reclaimed ppi due to OH being self employed so far had success with.. Monument - offered £1252 (which included interest) Still awaiting final sums but Halifax loans x 3 - admitted that ppi would not have been appropriate and have decided to put in a position if never had ppi Halifax credit card done the same

Fantastic news! Halifax loan wrote and said they found ppi might not have been appropriate for OH after all due to him being self employed and will write within one month with full details of refund for all THREE loans with them! OH will be put in a position without ever having ppi :razz: Monument replied would like to offer just over £1200 which includes interest for their payment break plan charges. :rolleyes: Fantastic isn't it? I am so pleased

Thanks for the advice skeptic Just wanted to let you know that I wrote back to Barclaycard and am waiting to hear from them for full SAR details ie CCA. Received SAR from Monument, writing back wanting a refund on full amount, gave them 14 days to respond otherwise going to the FOS Haven't heard back from MBNA so sent them a SAR Halifax loan said will respond by 28 Feb

:mad: These creditors are seriously trying my patience! :mad: Had reply from Lloyds from my SAR and just had 2 loan agreements back, WHERE IS THE PHONE PROVE? argh!! I cannot believe creditors are so full of it when sending replies to people's requests for ppi back, they come out with so many lies about telephone recordings, reviewing sales calls and when asked for the prove they mysteriously never arrive! Sorry having a bad day, but at least in times of the credit crunch I am fully supporting the local Post Office making sure it is kept in business with my special delivery letters and postal orders

Hi AA thanks for your reply I will write back to them to query the whereabouts of the application form they said they were sending with the ticked box and just ask for the ppi to be refunded and threaten to go to the Information Commissioners Office

Hi just wanted to update you that received Subject Access Request back from Barclaycard with statements dating back when the account opened in 04. THAT's IT!! no cca, no terms and conditions, no application, nothing just a letter saying this is all the information we hold on the account. :confused:

Interesting read AA thanks for that So far....... Halifax credit card have written back saying they need more time but will respond by Feb 12th :? Halifax loans are investigating Lloyds TSB loans - said sod off we listened to telephone call, advisor asked all questions, we can't see how you were mis-sold so sod off Capital One card wrote they telephoned on the 5th of the month to talk to me about Payment protection yet according to my statements my account was opened on the 17th of the month and I have seen the exact same letter on here that was sent to someone else too :-| Monument card after sending the SAR request and wanting full details of telephone converstaion that they said they had record of, they came back with have no record of telephone conversation due to technical error and have no record of the welcome letter that was sent with card which would have had details on. Offered £378 in full and final settlement of my complaint.:-| So now thinking next step would be...... Monument - I have refused offer, account opened in 2004 and estimated payment break plan would be around 5-7 hundred without interest alone and they don't seem to have any documentation proving it was asked for Capital one - disputing telephone conversation and different dates, sending SAR for proof Lloyds TSB - sending SAR for telephone call, I don't think this happened need proof about previous loan too before top up in 2006, had life insurance and worked for local council so had enough benefits but don't think I was even asked about that at time of application. MBNA - wrote a letter pointing out different tick want to see original application form and feel policy was mis-sold being self employed had exclusions and was different compared to employed people and was not pointed out when added to the account. gave 14 days for response because they stated final response but wanted evidence that I had wrote to company before going to FOS to investigate especially about how different tick looks I suppose I'm keeping the local Post Office busy

Thanks for that AA just wondered how to address my response to MBNA regarding different tick as I don't want it to backfire, I want the claim to be as strong as possible and I don't want to go straight for the juglar shouting 'fraud' Can I ask for the original application form as this could prove if a different pen was used? How do I do this? the cca letter? If we say OH didn't request it then they could come back with why didn't he challenge payments every month on statement?, he assumed it was part of the card agreement and obviously wasn't fully aware of any exclusions until researching helpful sites like this and MBNA certainly didn't explain any, no they just let him pay for a policy that was virtually impossible to claim on. I think its tricky becuase they have stated he should have read the bumpf that comes through with the card, but how many people do that? This is our first try at ppi reclaiming and I'm not quite sure how the FOS will read into it.

Hello again guys! hope everything is well Had a response from MBNA today to say OH ticked the box on his application form requesting ppi. They have actually sent a copy with the tick in the yes box highlighted BUT I think it is in a different pen, every other detail on that form is the same kind of writing from the same pen ink yet the tick in the yes ppi box looks a bit different to other ticks. I don't think OH ticked that box on the application form, they also state in their letter that self employed is covered but there are certain criteria that must be met in order for him to claim. Well they didn't state this before when he opened account, the application form shows he ticked self employed as his status. There will be no refund at it was up to OH to read policy etc and this is their final response but because he applied in 2001 we are outside the time limit for referral to the FOS So now what? Any ideas please?

Hi I contacted CCCS after seeing a link to their website on Martin Lewis' site. We are on a joint DMP with CCCS and they have been brilliant, they are very understanding on the phone and you can contact them through their website and they reply swiftly to any query you have. I like the fact they also take the burden away from you and deal with creditors on your behalf when setting up a DMP. Although creditors are under no obligation to stop interest or charges whilst you make reduced payments to them I am sure CCCS helps to persuade them to stop. Being in debt is a very heavy burden when Peter has finally had enough of being robbed to pay Paul. CCCS has helped us to live again and sleep at night without the heavy sinking feeling of debt. We know we owe alot but we can sort of live a normal life whilst paying our creditors.

Thanks for that Alanalana I suppose we will end up sending a Subject Access Request to all of them anyway but want to see what their response is first. Who knows we could be lucky and receive cheques straight away (I so wish! ) I was going to write a reply to Monument and ask about the telephone call evidence but will back it up with a Subject Access Request too. They should know what we are up to then, might persuade them to look a little further into our complaint for a few days. I am just a little disappointed that creditors have cottoned on to the fact that although people are querying their accounts and ppi they don't even bother with a personal reply, they are just sending out standard letters to try and fob you off. I have researched the net trying to find others who are claiming ppi from the same companies to gain information about their claims, how it went etc and it seems Monument and Barclaycard send the same template letter out. So I am hopeful with our own claims now. Will let you know how I get on.

Hi Pinknico thanks for your reply, we have a long list ready for our ppi fight MBNA - credit card Halifax 3 loans 1 credit card Monument - credit card Barclaycard - credit card Lloyds TSB - loan GUS finance - 2 loans Marbles - loan I have sent a standard letter to all of them, stating self employed and not eligible to claim on policy, certain exclusions. Didn't state exactly what just sent it off to test waters really MBNA and Halifax credit card replied saying they were investigating. They'll reply within 8 weeks. I have decided to go ahead with the SAR request with Barclaycard, until we see the application form we can't say whether he ticked it or not. We can't really remember from 4 years ago. It could be one of those 'tick here if you do not want insurance' and we left it blank not realising it was asking the opposite. I have seen another application form online from another poster who is fighting ppi with 'don't sign up without it' near the ppi box. The SAR will provide us with all the evidence and we'll have to go from there. Monument however seem to send similar letters to people when up against a ppi reclaim. When challenged about the evidence of the telephone call they cannot produce it. I will write back asking for evidence of this and see what they reply with. Monument do not provide insurance, they call it Payment Break Plan which is variable (same thing is it not?). You cannot claim money from it, all it does is freeze account if your house is flooded or you lose your job. Completely worthless we know that now!

Sent the usual template letter off stating been mis-sold due to being self employed and want refund. Monument wrote back saying their Payment Break Plan isn't insurance and OH was enrolled on the plan during a telephone conversation in 2004. No queries until now and should have reported it before. Barclaycard wrote back with a two fingered salute, they have the application form with the ticked box (from 2004) and it was up to OH to read all policy and decide whether or not it was suitable within 30 days. This is their final response (after one letter???) I'll be honest, we only looked into this ppi thing when we started out on our DMP, we won't deny we were paying it but never really fully understood the ins and outs of it and can't remember asking for it on all applications (loans yes, cards not sure). Using various websites it seems ppi mis-selling has been rife during the past few years and only after further investigation did we realise OH may have been paying for something that he might never been able to claim on in the first place, well ok in death and bankruptcy Do you think we have a case to fight on? I'd appreciate any help

Thank you Trilby, the site is huge, been lurking for a few days but took the plunge to join

Hi there I'm new too! This site is massive I'm getting lost just logging in!

My story might seem familiar to some of you but here goes...... I suppose it all started when I passed my driving test 8 years ago and we wanted to buy a car, not earning much between us we went to the bank with my uncle and was turned down for a small loan. My uncle agreed to take out a loan on our behalf and the lady told my partner to apply for a credit card as this would be a good way to build up a credit history. OH got a credit card and it was great at first going shopping on Saturdays spending a few hundred just like that, on nothing special, a few items from sports shops, clothes for the kids, nothing special just stuff we didn't need just wanted. The credit cards kept on flowing and new applications were filled in, swapping one balance to the other until we were offered a loan. Brill!! We could get rid of the credit card debt and have just one monthly payment, only it wasn't brill cause as soon as the balances were zero, we spent again and again until, yep you've guessed it a loan AND credit cards. I wouldn't say we were in denial as we had manageable debt, we could afford the payments, we could afford a few nice holidays and nice clothes even carpets for every room throughout our new house when we moved in. It was great no worries jobs were ok and the payments weren't that bad we didn't worry because the debt seemed ok to us, just a couple of thousand, probably less than 20k. Whenever the debt on the credit card got too big we just topped up an existing loan or applied for a new one, it was simple and easy, far too easy! Whenever a paymnet was made to creditors we had letters like 'Congratulations your credit limit has increased' everyone threw money at us and like daft fools we kept spending it. We could still afford the payments so whatever, we just didn't care! If I overspent on food shopping, my overdraft would see me through the month, if I wanted clothes I could order them from catalogues and not pay until several months after. If we wanted money in the bank just for having a plus balance we would write a cheque out to ourselves and go shopping. We wanted for nothing. I discovered my OH had lost over £1000 in one month on a gambling site one day and things just came to a head, words were spoken and we decided to have a break. It went on like this for months blaming everything and anything on each other rather than wake up smell the coffee and realise we had a problem and needed help but we didn't know what to do or who to turn to, we were in the brown stuff, really deep in it, his family thought one of us had cheated as he was always being kicked out and that added to our worries as no one knew of the financial mess we were in. The relationship was fiery, every converstaion was about the uncertainty of his work and worrying of what to do. OH is self employed and work this summer just dried up and slowed down. He even suggested doing a runner! The kids didn't know what was going on and the pressure of trying to find minimum payments of over £1000 a month was stiffling us. It was either make or break for us. Are we ashamed we spent the money? YES Do we wish we could turn the clock back? YES But one step at a time, I can't wait for the day we get rid of credit forever, we will be debt free one day, we are learning a very dear lesson and having to budget for the first time in a very long time; no overdrafts to sort out this mess now. If we can't afford it we can't have it but you know what I feel so much better knowing whatever I have in my purse or bank at the end of the month when the direct debits have been sorted is mine, all mine and thats the best feeling when you have woke up to the fact just how much you relied on credit before. I will get there just like all of you but it took us a few years to build the debt up it will take a few years to get out of it but one day just one day I will get there we all will xxx Now I am stuck in a rut of eating, sleeping debt busting ways and challenges thanks to this site. Some days I feel like screaming down the phone to creditors other days I feel like hiding away especially at work when people talk about the credit crunch and the 'silly people' who are in debt and I sit there and think 'if only you knew, if only you knew' I think this is what happens after the LBM and starting out on a DMP, a rollercoaster of emotions thats what it is. sorry for waffling but I feel so much better for typing that lot out