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Everything posted by Br4ndyb00b00

  1. Thanks for your replies... I do understand the importance of how the letter of refusal was worded, and so will type it out here... as soon as i find the damn letter! I think my little girl has been playing in the cupboard again... Although this is important, i thought this was more a case of what happened after she recieved the refusal. I mean, all the messing around with giving the impression everything was going to be sorted out by changing her role in the company and moving to another department which only works weekdays, etc... As you can see, in the refusal letter she was offered 5 days to lodge an appeal. But within these 5 days, the news came about that the managers have found a position in another department which would be more suited. As it seemed this was going to happen, we didnt feel the need to write a letter of appeal. It actually seemed like a reasonable option had been found by the managers, which would keep my wife working the same hours per week as she does now, and also enable us to use the available nursery dates as childcare (in our minds, this was pretty much sorted, even the managers had kept telling my wife that it is almost complete)Now i'm just a little worried that it is too late to appeal, as they have kept us hanging on for weeks now.
  2. We also know of other part-time staff who are only contracted to work through the week, and no weekends although when we asked about this, were told that this is an old contract that they do not give out any more. We had even been told that my wifes new role could begin on 31st August, so we were already making plans. Although there was nothing in writing. We just feel like we've been messed around here, and its as if the company are just 'calling her bluff' as they now know she is pregnant and probably think she would be silly to resign, knowing that she would be on maternity leave at the end of this year. They also know my wife has shares in the company which she would lose if she was to resign. Please please please help.
  3. continued... My wife was asked to go for a meeting where she could explain the reasons behind her request, and hopefully come to an arrangement. The meeting seemed to go well, but was told we would recieve a descision within 10 working days She recieved a letter saying that her request had been refused and there was an explanation as to why which i cant remember (will edit this post when i get home from work). The letter said something about it being part of the part-time contract that every saturday had to be worked and that we have 5 days to appeal. within the next 2 days, a manager form a different department had heard about my wifes dilema, and subsequently offered her a position in his department which would mean working 1 in every 4 saturdays. This was good news for us, and would mean only having to find childcare on a saturday once a month. I had a chat with my manager at work, and was told i could take the saturday off each month to look after my daughter. This was perfect, although not official as yet. It had to be approved by various managers (one of which was on holiday at the time). Everyone was 99% confident this would be happening. 3 weeks have gone by and the 'operations manager' has returned from holiday this week only to refuse the move. She says that my wife is too valuable to the accounts team and cannot afford to lose her. She has offered that my wife stays in the accounts department, and works every other saturday. My wife is distraught. She cannot decide what to do next. We have been advised to make an appeal, but we are worried that the time limit has now expired. We feel as though the only choice we have is for her to hand in her resignation, rather than going through the stress of trying to find childcare again. My wife is also 2 months pregnant, so the stress of it all is something we can do without. Anyone got any ideas what we can do?
  4. Got a bit of a problem that hopefully someone here can advise. Its a pretty long story, so please bare with me.... My wife has been working for a large insurance company for approx 8 years, in their accounts department. We had our first daughter back in 2007, and my wife took maternity leave for 9 months (i think!). She has since returned to work on a part time basis. Her part time hours are Wednesday 1pm-5.30pm, Thursday 9am-5pm, Friday 9am-5pm, Saturday 9am-1pm. For the first year, this seemed to work ok as my wifes sister could take my daughter on a Wednesday and Thursday and my mum could have her on a Friday. At the time, i didnt work weekends so i could look after her on a saturday. My wifes sister went back to work part time and could no longer look after our daughter on wednesdays and thursdays, so we looked into alternative child care. Eventually, we decided upon using a nursery (which is actually located at my wifes place of work for staff). Luckily for us, the time pattern they worked to was wednesday afternoons and thursday all day, so it was perfect for us. About 8 months ago, i was given a promotion at work and with that came extra responsibilities meaning i would have to work most saturdays. Its been a real struggle trying to find a babysitter on saturdays, and there have been many occasions when my wife has been unable to go to work on saturday as we had no childcare. Now my dughter is a little older, and moved to the next class at nursery, we had the opportunity to sign her up to do a full day on both wednesdays and thursdays. This prompted my wife to ask for a change to her working hours, and work a full day on wednesday instead of the saturday mornings. This would have worked out perfect us. My wife had asked her managers about the possibility, and also her HR department, but all asked for it to put in writing as an official flexible working hours request. So we did, as pasted below. I would like this working pattern to commence from: At present, my daughter uses your own ‘Apples Nursery’ on a Wednesday afternoon whilst I complete my working hours. A place has come available for my daughter to attend the nursery all day on Wednesdays which would enable me to work extended hours I am unable to arrange regular child care on a Saturday morning, as my husband has weekend work commitments which cannot be amended. 4. Accommodating the new working pattern I think the effect on my employer and colleagues can be dealt with as follows: I am certain the tasks I currently undertake on a Saturday morning can be completed by others. If this is found not to be the case, I would be willing to assist training another member of the team to deal with any issues that may arise whilst I am not at work. Sharing my skills and expertise with other members of staff would also benefit the company by widening the skill base of employees Whilst not working Saturday mornings may have a minor impact on the ability of the business to meet customer demand, it should be remembered that by working extended hours on a Wednesday I would be able to respond to customer need for more hours of the day. Improving my work-life balance will help my morale, motivation and commitment to the business. By granting my application for flexible working, I believe would enhance the company’s reputation as an employer of choice. Flexible working is essential for me to manage my family commitments, and granting my request would enable me to stay within the company and am not forced to look elsewhere. I am aware of alternative departments within the company that are not required to work every Saturday, and have been made aware that there may be a position available. Please consider me for this if it is a feasible option. I would also like to add that I would be willing to work occasional Saturday mornings, when I am able to arrange sufficient child care, although I could not commit to regular patterns of Saturdays (e.g. every other Saturday, etc) at the present time.
  5. alanalana - You're right... I specifically told them i didnt want any cover at all as my wife works for an insurance company where she gets dicounts on our insurance! But for the first loan back in 2000, i was told i had to have some form of PPI to be accepted for the loan, so agreed to have the minimum cover possible. She made it out as though she was helping me by only giving me the minimum... Then after that, whenever i phoned to increase my loan, they just sorted out how much it was to pay the existing loan, then gave me a quote per month on how much the new loan would be. They then sort out the paper work, so all i have to do is go to their office and sign it. The money was then in the bank the next working day. Even if they had asked me if i wanted insurance, i would have probably siad to give me the minimum, because i was under the impression i had to have it. Just a bit unsure what to do next...
  6. Looking at the credit agreements again, the level of insurance changed over the five loan agreements... the 1st loan cover level was 'SSS' (whatever that meant), the 2nd loan cover level was Life, Accident, Sickness, Invol Unemploy. The 3rd was Life, Accident, Sickness, Invol Unemploy. The 4th was Life, Accident, Sickness, Invol Unemploy. The 5th and final loan cover was just LIFE. I don't really understand this... because i only had life cover, does that mean the premiums should have been cheaper??? I do not have any recorded conversations. Like you said, anyone could have typed that needs and demands statement! Do you think i should reply to Black Horse again? Or go straight to ombudsman (or court). They stated on their letter that they would consider the matter closed if i do not reply within 8 weeks i think...
  7. yea, pretty much! there is a link in one of the posts above so you can see it... It looks like its just a computer print out... not something i have completed. please take a look and let me know what you think.
  8. Any ideas people?? I really want to get the ball rolling with this one... Any help much appreciated.
  9. Any got any ideas what i can do next? I would really like to get this sorted before i go back to work on Tuesday.... Please...
  10. Try these please... http://i277.photobucket.com/albums/kk63/m4tttaylor/DemandsandNeeds.jpg http://i277.photobucket.com/albums/kk63/m4tttaylor/LetterPage1.jpg http://i277.photobucket.com/albums/kk63/m4tttaylor/LetterPage2.jpg Let me know if they work... Then let me know what you think i should do next!!! Do you need to see the Credit Agreements?
  11. i dont have access to a scanner unfortunately... but i can take photos of them, which i think will be good enough... Where and how do i upload them?
  12. Hi... I am in the same position with Capital One.... this is the first letter i sent... Dear Sir/Madam, I believe i have been wrongly paying for a payment protection insurance policy and would like to request a full refund of my premiums, plus any interest paid. I have recently recieved a copy of my Credit Card Agreement from you along with a copy of my original signed application. When applying for the credit card, i clearly stated that i DID NOT want payment protection insurance by ticking the 'NO' box. The agreement clearly shows that i did not tick, or sign, in the PPI section. Again, this clearly indicates that i did not wish to purchase Capital One Payment Protection Insurance. I enclose copies of both dicuments for your perusal. I am frankly shocked that you have operated my ay account in this way as i always reposed confidence in your integrity and expertise as my fiduciary. I do not believe being forced to pay for this policy is a fair and reasonable obligation as i did not need this insurance and said at the time of making my initial application that i did not want it. I require a full refund of all my insurance payments, plus interest, which totals £xxxx. If you do not respond, or you do not respond positively within 14 day, i shall send you a letter before action, giving you a further 14 days in which to reflect. After that, there will be no further communication from me, and i shall issue a legal claim at the expiry of the second deadline, report the issue to the FSA, Office of Fair Trading and also to Trading Standards. Yours Faithfully, They then replied to me saying the insurance was taken out over the phone! (which is rubbish!) I've just sent another nasty letter explaining they are in breach of the Data Protection Act as they did not send any phone transcripts with my SAR! Its all good fun! Anyway, Hope this helps...
  13. I just don't know what to do next... I feel as though the PPI was mis-sold... but they do have a point when the credit agreement says it all, and was signed by me. I just wish they had explained it fully rather than expect me to read and understand it... What do i do next??? Give up???
  14. yes, confirmed... the needs and demand statement looked like a computer print out, and is NOT SIGNED/DATED. I do not remember seeing this at all...
  15. C'mon someone!!! Please help me... i really do not know what to do next. They ask for documentary evidence, which i dont have. They have the credit agreement ther in black and white, signed by me.... What do i do??? reidnet, hellhasnofury... i need your help please...
  16. Even if this questionnaire is real... why did they only decide to do it on my last loan? what about the four previous loans? How did they determine what level of insurance i should of had!? Just looking at the credit agreements again, and the level of insurance changed... the 1st loan cover level was 'SSS' (whatever that meant), the 2nd loan cover level was Life, Accident, Sickness, Invol Unemploy. The 3rd was Life, Accident, Sickness, Invol Unemploy. The 4th was Life, Accident, Sickness, Invol Unemploy. The 5th and final loan cover was just LIFE. I was young and very naive, and just kept on taking the loans, not knowing how much the PPI was costing. But... it IS on the agreement. Does this mean i can't claim a penny, because i was stupid enough to sign without fully reading and understanding? I just assumed everything was the same from the very first loan (at which time i was told i had to have the cover). Please help.
  17. Hi everyone... Well its been a year since i first started pursuing this! Partly my fault, forgetting about it when i didnt get a response... anyway, i sent another letter 3 weeks ago, and today recieved a reply!!! 'Following reciept of your application, the agreement document was sent to your home address for your completion and return. These were duly returned to us signed by you. The agreement document you have signed clearly shows the amount being borrowed, the interest payable together with the cost of the optional Payment Protection Policy you had elected to purchase.' Now let me translate that to what really happened... The first loan i got from them i apllied for over the phone. They said i would have to go and visit them to go through the paperwaork. I asked for £2000, i filled out forms, the lady disappeared for 10 mins, came back and said i could have £1000 as a cheque and take it away today. I stupidly agreed. She started asking if i want any insurance, and when i said no, i was told i MUST have some form of their insurance or i could not have the loan. Whilst waving a £1000 cheque in front of me, she signed me up to their lowest form of insurance, which i then signed. Since then, i have re-loaned a further 4 times (yes, 4!). Each time, i phoned them up and asked for more money on my loan. They arrange for me to visit them again, sort the paperwork and i sign. Each time i re-loaned they never went through the PPI with me, they just set up exactly the same as i already had, but for more money. They have also sent me copies of the credit agreements, which are signed by me. I have to admit, they do show the PPI amounts. But i never really looked. All i looked at was the seperate box placed strategically in the centre of the page, showing how much i pay per month. 'Prior to entering this agreement with us, you were required to undertake a Demands and Needs questionnaire on agreement xxxxxxxxx. This enabled us to establish your requirements and suitability for Payment Protection Insurance. Based upon the answers you gave us, we recommended Life level of cover. please find enclosed a copy of the questionnaire you undertook.' This statement is regarding the last loan i took with them in March 2005. Now i honestly don't remember if i done a questionnaire or not, but it looks a bit suspicious to say the least. Its been printed out, theres no signatures or ticks by me. Here are the questions.... 1. How old will you be at the end of the agreement 29 2. Are you emplyed, self-employed or not working? EMPLOYED 3. Would you like your payments to be paid for you, whilst you are unable to work as a result of an accident or sickness for more than 30 consecutive days? NO 4. Would you like your payments to be paid for you, whilst you are involuntarily unemployed and remain so for more than 30 consecutive days? NO 5. Would you like your outstanding balance to be paid off if you were diagnosed as suffering from a critical illness? NO 6. Do you have any type of insurance that would specifically provide cover for the repayment of this agreement? NO 7. Have you sought or recieved medical treatment for any condition over the last 24 months? NO It then goes on to say... 'The answers you have provided to the above questions have enabled us to to recommend that the following level of cover is suitable for your needs: LIFE ' There is then a box below this sayin 'Purchase of Recommended Cover, you agree to our personal recommendation.' And the box has an 'x' in it. At the end of their letter, they say... 'In the absence of any documentary evidence in support of your claim, i regret to advise that we are unable to uphold your claim that the PPI was mis-sold. As your agreement with us is now settled and you have had the benefit of cover for the period of your agreement, no refund of the sums paid for PPI will be made to you.' My fingers ache after all this typing, so please... someone... help me out here.... I could take a pic of the letters and send to you if it helps...
  18. The CCA is dated 12th September 2005.... so yes! I will add that statement in the letter. Do you think i should ASK for the telephone call transcript? Or just ask for the money back again?
  19. ok, thanks for the info... so do you think i should write another letter stating the FSA's findings... The FSA found that as a result of its inadequate systems and controls: Capital One failed to send a policy document to more than 50,000 PPI customers between January 2005 and April 2006, although they did receive a policy summary; two out of four script options used by its sales associates did not ask the customer for consent explicitly to receive only limited information over the telephone; the scripts did not ensure adequate disclosure in enough cases of policy features and benefits and policy exclusions and limitations; Capital One failed to provide customers who purchased PPI other than by telephone with the policy document prior to the conclusion of the contract; and its compliance monitoring of telephone sales of PPI was not sufficiently effective. Should i also ask for the transcript of the telephone conversation they are talking about?
  20. Only just recently sent the PPI letter to Capital One, thinking it would be pretty straight forward... Just a quick recap... its my mother in laws card, she insists she never asked for PPI. We got the CCA through the post which clearly shows she ticked 'NO' to PPI on the original application and also on the credit card agreement. Checked the statements to find she has been paying for PPI every month. Got a reply from Capital One on 10th March... 'We sold the PPI to you during a telephone conversation on 8th October 2005. In accordance with FSA requirements for a telephone sale of insurance you were asked for your consent to hear the limited version of terms and conditions whilst on the call, and recieve full details in the post afterwards. The product is optional and this was made clear to you.' 'Capital One has procedures in place to monitor the sale of PPI over the telephone. Our associates use scripts and are trained to avoid giving advice to customers. We undertake quality checks to ensure sales are being made in a compliant manner.' 'As we have sold you PPI correctly and in accordance with your request we will not be refunding any of the premiums.' I have spoke to my mother in law about this, and she doesnt even remember the phone call! She is adamant that she would not have wanted PPI though. Can anyone help us please? Where do we go from here? We are a little worried about this apparent phone call. Maybe they did phone her and baffle her with PPI terms and info. We dont know where we stand... Definately have not signed anything for PPI, in fact its the opposite! she signed to NOT have it! Any help much appreciated...
  21. Ok, nice and calm now! I do not have any statements at the moment... only a list of transactions and charges as a result of my SAR... I have claimed on a different Cap One card before and ended up getting a full refund, plus interest at 25.44% (a day before court date!). Shall i use the same percentage?
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