Hi Pleae find atttached a letter from Capital One in reply to my PPI claim. After a SARN I sent claim for miss selling. They said they would look into it and it would taks 8 weeks. I replied saying no way Ivew been cheated and gave them 14 days notice with a letter before action. The lfirst part of the etter below sumarises the reason for my claim. They say I agreed to sign up over the telephone and was sent a policy and a 30 day cooling off period . I do not remember any of that. In fact in reply to my original SARN they said they did not have to send any info about my PPI because it did not come under the DPA. I know I should have followed that up. Because if they sent me a letter confirming my agreement to PPI then that should have been sent. The funny thing is the letter below says they include a copy of the policy document, Guess what? No policy document. lol I stand by my original assertion that I did not need PPI due to my secure circumstances and so would not have agreed to buying it. I would like some advice on how to proceed please. My 14 day LBA has now expired and I am tempted to call their bluff. However to start a claim would cost me at least £100 and I would like some reasurance I am on firm footing with this. Regards Missy

Hi all... This is relating to one of 'my' current problems. The short history details follow: Credit Card with Captial One for many years. Balance - £1986.28 I'm self employed and things slowed down a couple of years ago. In 2010 I sent all the requested info to them and they agreed to me making monthly payments of £5.00 which ran for some time. No defaults as far as I remember. Later, out of the blue I received a letter from 'CapQuest' who made all the usual threats Etc. After contacting them they informed me that they had taken over the debt. So I pleaded my case again. Eventually they agreed in writing that I continue to make £5.00 monthly instalments. Letter dated 18th Feb. 2011. It mentioned that it would be under review at their descretion Etc. That's the short history.... So on 6th June 2012 I receive a letter saying that they regret I have chosen not to deal with this matter despite previous communication..... So to assist me in clearing my indebttedness they would like to offer a reduction in final payment and would I call them to arrange this final payment. Then the usual legal threats of Baliffs Etc.. Etc... Upset by all of this I did some research, some of the info was gleaned from here and I wrote them a reply and sent the PO £1.00. Copy of my letter follows: (Sorry it's long) Michael Daniels, Capquest Group Ltd., Fleet 27 Rye Close Fleet Hampshire GU51 2QQ **My Address* 13/6/2012 Dear Sirs, OUR Ref: [EDIT] With regard to your recent letter sent to me dated [EDIT] regarding my account[EDIT] I do not acknowledge nor accept that I have defaulted on any payments to your company as set out and agreed in your letter dated [EDIT]. I also dispute the statement set out in the first line of this recent letter from you. In response: For your information, all communications regarding this matter must be in writing for Court use. Personal callers will neither be admitted nor spoken to. Telephone calls will not be answered or acknowledged. If your telephone calls continue, then legal action may be taken and/or a complaint will be made to the Office of Fair Trading under section 40 of The Administration of Justice Act 1970. I will continue with the agreement as set out in your letter[EDIT] but as a result of the above I am formally giving you notice that I now request a full copy of the original credit agreement AND a copy of the FULL statement of accounts on a/c: [EDIT] You are required to supply the following: 1. You must supply me with a copy of the agreement you refer to. This is my right under your obligation to supply a copy of the agreement which is s.78 (1) CCA 1974 (s.77 (1) for fixed sum credit) - your obligation extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee. 2. You are also obliged to supply a copy of the deed of assignment of the above referenced agreement. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not. 4. This information should be supplied to me within 12 working days of the date of this letter I understand that under the Consumer Credit Act creditors/agents are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under this section of the Act. I also request a full statement of account detailing this account and showing how the sum alleged to be owed has accrued to date. Failure to comply with my request will result in a report being submitted to the relevant statutory authority. I await your response in writing. Yours faithfully, G ********** PS: Please do not make futile attempts to gain my signature by returning this letter as the above personal mark is legal. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S77/78request. If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you. However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why would it have taken so long to raise this? As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998: 7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. My request for a true copy of my credit agreement under section 77/78was made on 13/06/2012and the 12 working days for your compliance expire on 29/06/2012. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity. ------------------------------------------------------------------------------ On 14th June I received a very short note from CapQuest simply saying "Than you for your recent correspondance. We can confirm that a copy agreement and statements have been requested from our client and these will be sent to you wnen receved." On 15th June, another letter from CapQuest saying that due to my contact and request for further information the above account is now on hold for 28 days whilst we obtain the information required. And thats about it...... So, what do I do next? One thing I did notice on my old statements from CapitalOne was that I had been paying PPI. After ALL the cr*p CapitalOne & CapQuest have put me through (a lot not mentioned here) I really would like to claim anything I can from them. They are like maffia. Any advice would be appreciated and I apologise for the length of this post (just thought all the info in one make it easier) G&J

All, My request to a refund of PPI payments and interest going back to June 1999 has been rejected by Capital One. They have provided a copy of my postal application, a "Short Application Form", which has my name and address printed. The application has a section where it states: "Please enrol me in Capital One's Payment Protection scheme" with a Yes or No box. The Yes box has been ticked while the No box is completely blanked out; like it has been entirely filled in by marker. I suspect the application form has been amended after I submitted it. In addition, the ink and style of the tick in the Yes box appears to be different from the rest of the application (possibly a thiner pen). In their response to me they have not acknowledged that the No box had marker over it. They state: "The application form gives two opetions regarding the addition of the PPI policy. The boxes are clearly marked 'yes' or 'no'. Therefore, you had the choice to tick either box and the PPI was only added because you selected 'yes'. If you had ticked the box marked no or left this blank, the PPI would not have been applied to you account. We have never pre-populated or automatically completed tick boxes on our application forms and continue not to do so." They have also said that they send me a copy of the PPI policy after it was taken out. I do not recall this happening. I have uploaded an image of part of the application here: i47 . tinypic .com /wm0ze1.jpg (Sorry, less than 10 posts so I can't post the link or picture directly. Please delete the 4 spaces in the above link) Is it me or does something not look quite right with this? I do not recognise the signiture on the left, presumably it is the Capital One underwriter. I did note that it was a finer pen than I had used though, similar to the Yes tick. I intend to write back and point out the unusual No box. Any thoughts or advice would be gratefully recieved. Thanks Chris

Hi, hello everyone. I am after some advice on CapitalOne PPI claim. I have found out after going through my statements that CO have been charging me monthly PPI fee for over 6 months which I then cancelled. It is clear that I was mis-sold that when I knew I cancelled it. I have all the letters and statements on me. I have sent them a letter to ERC department which I found after ringing them which they advised to send them letter to. I followed advice off http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance and sent them the questionairre about a month ago which I know they have received as I sent it recorded but haven't heard anything back from them. What should be my next step please? Any advice would be appreciated. thanks

I applied the return of PPI, I got the reply after 6 weeks refusing the application on following grounds: 1. I tick the box for PPi on internet application. 2. the details of policy cover was available online and linked to the application, 3.Capital one sold & continue to sell, credit card PPI on a non advised basis. 4. I was given 30 days cooling off period to make up my mind of suitability of the PPI. 5.No conversation took place between capital 1 rep. and myself. 6.Policy was added only because I suppose to have ticked yes button, 7. as no conversation took place, there was no opprtunity or requirement for us to ask about pre-existing condition ( I had pre existing Condition) 8. They said as I was working,so, I was eligible for PPI ( I was on Temp.contract position). 9.The cost of PPI was shown on every monthly statement and I showed no concerns regarding the premium before this claim. can any one please help me on these point, are their arguments correct or they are just bluffing?