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About grak444

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  1. Mightmouse, It seems odd that identical claims to mine openly visible on the official FOS site have been upheld with Cap One being forced to pay. As dx mentions, PPI is not time barred as Cap One would make out either. I'd be keen to understand your thought process and where you're evidence sits in order that you think I should not be entitled to clearly what has been a total miss-selling saga. I shall continue my quest and have contacted FOS officially now. I have a follow up call to make on Friday for some further information they needed to source for me. Regard
  2. Mightmouse - Hving been in full time emplyment during the periods of claim in a secure role and industry at the time, there would be no need for me to have such insurance hence me ticking "No" at the time of requesting the card. It's this aspect that i'm pursueing and as such can prove in this light that I was inn-appropriately mis-sold a policy that was not fit for my needs at the time. Would this approach not prove that my requirements did not need insurance at the time?
  3. Another point they are making very clear about FOS is the following in their responses is that they feel this case is time barred (see letter extract): "In addition, we feel that the FOS is unable to arbirate onthis case as we believe this complaint to be time barred. The reason why we feel this is duw to DISP rule 2.8.2 whichstates: The ombudsman cannot consider a complaint if the complainantrefers it to the FOS if: (1) More thansix months after the date on which the respondent sent the complaint its finalresponse or (2) More than: (a) Six yearsafter the event complained
  4. My Concerns are: Considering the FOS are taking up to 2 years to get to claims currently would me going down that route put my claim outside of any claim window in place potentially. Secondly, having seen identical situations to mine being upheld in the FOS library, would going down the court route for a much quicker resolution aid my claim in that I can prove that PPI was sold to me innapropriately? Thanks for your consideration too in assisiting. Regards
  5. Hi DX, I've uploaded the original letter I sent to them previously and also their response in that the state this is final. My query is that i'm unlikely to get FOS to review after the delay's there's been to me responding and following up (I had to put back due to family issues and life priorities). Would the courts view the same response from Cap One as final in that I wouldnt be allowed to pursue?
  6. Sorry Hortz, In this instance I disagree with your comments as FOS have upheld claims previously to already paid PPI monies.
  7. Hi - are there amy moderators who could assist please or advise if I sould post in a more suitable area? Thanks
  8. Hello, Having re-requested information Capital One should have relating to a purported telephone call held, I've received a letter back from them advising: "Unfortunately our records do not go back to 2001 and therefore cannot give you the call or the transcript of said call" Having also made the request to see any copy of the transcript that their agents would of used, the letter goes on to say; "We can confirm that under the Data Protections Act 1998 we are not obliged to send documents which do not contain any customer data." I feel as though i'm at the end of the r
  9. Hi, Just wondered if anyone could give me any advise further as i'm coming against a block with Cap One each time they respond with the same stock answer in that they refuse to comment any further on my PPI mis claim case. I will write again as they clearly refuse to co-operate in providing me exact evidence I asked for as part of my SAR (that is the evidence or documented scripts the salesperson was purported to have used during the conversation). Hoping the thread picks back up again please. Regards
  10. Hi All, Having been back and forth with CAP ONE in my additional SAR request, they did provide me with all aspects referring to my account at the time and no where within any records they hold does it state that PPI was subsequestly added to my account from any telephone calls made. I would have thought that any such calls made to me (as others have appeared on records) would have shown again. I've since written back to them requesting evidence of said telephone call and them provisioning me with evidence of the same but all I receive back is a standard letter
  11. IMS21 - Going down the court route as others seem to be progressing of late, even though I clearly ticked "No" to not wanting insurance, surely a court would expect Cap One to prove that I subsequently did accept such a sale as they purported I might well have done? Regards
  12. Thanks All, Looking through previous posts relating to the same sort of a claim, it seems that FOS attempts these days are quite frail. Every time I write to Cap One, they give me the same stock answer in that they refer to their previous letter of which I would have accepted insurance on a follow up call. Surely in the eyes of the law, me presenting my original application form to a court of law which clearly shows that I did not request insurance, then Cap One must provide some form of evidence to prove that I did subsequently accept it of which I'm not accepting
  13. Hi CAG'ers, I'm in a situation with Capital One whereby they are refusing to acknowledge any form of acceptance on my situation where I have miss appropriately been added PPI insurance to my credit card account that was. I've disputed the fact with them in correspondence and their last response was that I would have taken out the insurance on a follow up call (bearing in mind this was early 2000's). I have my original online application form which clearly shows a "tick" where I did not want to take PPI Insurance out. I also have a complete month by month summary provided by the
  14. Hi CAGer's, I too am in a position now where this case is identical to one I'm currently in discussions with against Capital One. Does anyone have the formula for calculating Compound Interest at an APR of 25.2%? The amount of PPI that I had directly paid to Capital One (without any interest added was £3050.03). I really wold appreciate your assistance in driving this matter forward and have followed the thread with great interest. Regards Grak
  15. Thanks Andy, Will draft another letter and advise of outcome when reply's received.
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