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pmw1971 vs Capital 1 / **WON **


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Well I've sent off my LBA this week to Crap1, they basically sent me a template letter back last week stating you applied online for PPI... I said prove it, I've not seen anything to substantiate that. Also the t&c state an insurance certificate would be sent to me on joining the PPI, I didnt get it in my SAR, can they please supply it to ensure I did in fact apply for PPI.

 

Only problem is I cant afford the court fee at present, the amount to reclaim is so large its a £75 court fee :mad:

PmW

 

Have you checked to see if your entitled to free court fees?

 

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

Sorry if this isnt new info for you...just I wouldnt like CAP1 to have your cash for nano second more than they had to :D

 

Good luck

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Have you checked to see if your entitled to free court fees?

 

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

Sorry if this isnt new info for you...just I wouldnt like CAP1 to have your cash for nano second more than they had to :D

 

Good luck

 

Yep, the problem isnt that I dont earn enough, its that I owe too much:sad: repaying leaves me with little left over each month. it'll take a bit longer to save but it'll be worth it in the long run:D:D:D

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Oh dear... Ellie seems a little confused today... Recevied fob off letter last week re: PPI and charges which was a template "you took out PPI, so tough" letter, no mention of charges.

 

So.. sent of an LBA with a sheet of PPI & charges also mentioning my outstanding CPR request and then in response I get a letter saying they have already sent me my s78 response and note my reference to CPR. Also they will not be sending me a cheque for £1250 as I requested:confused::confused::confused::confused: (Never have) and thats their final response.

 

Not even an offer of the difference in charges?? I feel swizzled:cry:

 

Time to start working on the POC methinks and add up all the interest/charges.

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Hi pw thanks for that, I'll be subing your thread..

Re your PPI - I've been doing a little looking round and it appears that some people are asking CC companies if when they applied Online was the PPI and OPT-IN or OPT-OUT sinario ( " OPT-OUT is a slap on the rist " credit card companies were slated for this in 2007 by the FSO, I think ), and along with weren't sending an insurance certificate ....

 

Don't know if the above helps you at all...

 

Regarding your financial situation - have you considered passing your case to the FSO ( as it's free ) and it's been published lately the FSO have been successful in claiming back 90ish % of cases for PPI...

 

Also out of interest - what was the consensus regarding your Credit Agreement ? enforcable ?

 

Cheers and again good luck

 

CardFight

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  • 2 weeks later...

Ok first off.. yes I've had an identity crisis :)

 

Right.. I've had a reasonable reply from EllieTowers with an ex-gratia offer towards my PPI+Charges claim, I asked for over 2k and they offered approx £500.

 

Below is the letter I'm going to send.. if anybody spots any glaring errors or better suggestions please dont hesitate to correct me:D

 

 

Capital One Bank

PO Box 5283

Nottingham

NG2 3YG

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

Your Ref : Account number: XXXX XXXX XXXX XXXX

 

Thank you for your letter dated xx April. I’m afraid I must reject your offer of an ex gratia payment in full settlement and can only accept this amount if it is a partial settlement towards my claim.

 

As stated in my letter dated xx March I require the amount of £xxx credited to my account or else legal action will take place in the county court to recover these monies. I would also like to point out that if court action is required then the following will occur:-

 

 

  • I will claim £xx for unfair charges
  • I will claim £xx for PPI payments
  • I will claim £xx for contractual interest on the sums above in restitution at your current purchase rate of %apr
  • I will ask the court for disclosure of the original agreement and produce evidence of pre-action protocol requests that have been ignored or at best not-adhered to.
  • I will seek a ruling on the enforceability of the agreement under s.142 (1) (b) of the CCA1974.

 

This is the last letter I am prepared to write on this matter and unless the amount specified above is not credited to my account [as soon as funds are available/or DATE????] the claim will be put into the county court.

 

Yours faithfully,

 

 

 

 

S.

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are you claiming charges and ppi at the same time then?

 

Yep, they refused to send me my CCA, usual guff, got a copy through SAR and noticed no mention of PPI on there, they say it was taken out online.. I've asked for proof... none given so claim here I come :D

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Yep, they refused to send me my CCA, usual guff, got a copy through SAR and noticed no mention of PPI on there, they say it was taken out online.. I've asked for proof... none given so claim here I come :D

 

They told me mine was sold over the phone when I called to activate my 1st card. Yeah, right-o :rolleyes:

 

just I was told not to claim them both together. theyve got to be seperate claims!!:confused:

 

I claimed PPI and charges together and they paid up!

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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They told me mine was sold over the phone when I called to activate my 1st card. Yeah, right-o :rolleyes:

 

TBH I cant remember applying online, its not normally something I do.

 

I claimed PPI and charges together and they paid up!

 

I may have "tailored" your POC for this one (hope you dont mind), I'm still tweaking but will post up prior to sending in if you could possibly give it a once over.

 

S.

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  • 2 months later...

Ok, the premise of this post is.......I got fed up with Crapone when they asked for an extension to file a defence so thought I'd take up the time waiting by getting them to stop processing my data.

 

Firstly I wrote to their legal team asking them to cease as per quoted bits, I was a bit naughty in referring to the OFT debt collection guidelines as the account isnt in default yet! so these dont apply currently:

 

As the defence will now be filed later than normal and this case will obviously run longer than originally anticipated I Require Capital One to undertake the following actions in accordance with the quoted Acts that Capital One is a signee to:-

1) Cease reporting the status of this account as behind on payments to all Credit Reference Agencies as per the Banking Code which states

“13.6 We may give information to Credit Reference Agencies about the personal debts you owe us if: the amount owned is not being disputed

2) Cease Collection activities on this account, which includes the phoning of my WORK mobile by the call centre operatives twice daily every day. This request is as per the OFT debt collection guidance which state

“2.6 Examples of unfair practices are as follows: h) Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment”

“2.7 Examples of unfair practices are as follows: k) Not ceasing collection activity while investigating a reasonably queried or disputed debt

As Capital One is a signee of the Acts mentioned above I expect them to conform and to carry out my requests forthwith. Failure to adhere to these requests I’m sure will reflect on Capital One during the course of this court case and complaints to the relevant bodies will also be made.

 

 

Well that did nothing so thought about using the fact that codes of practice are binding under CPUTR2008, so sent them this:-

 

 

I am writing to make a formal complaint that your organisation is in serious breach of the Banking Code and as such are in breach of Consumer Protection from Unfair Trading Regulations 2008, specifically Regulation 5 which states:-

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either

paragraph (2) or paragraph (3).

(3) A commercial practice satisfies the conditions of this paragraph if—

(a) it concerns any marketing of a product (including comparative advertising) which creates

confusion with any products, trade marks, trade names or other distinguishing marks of a

competitor; or

(b) it concerns any failure by a trader to comply with a commitment contained in a code of

conduct which the trader has undertaken to comply with, if—

(i) the trader indicates in a commercial practice that he is bound by that code of

conduct

The Banking Code that you are a signee of clearly states you must cease reporting the status of this account as behind on payments to all Credit Reference Agencies where the amount is disputed, I quote:

“13.6 We may give information to Credit Reference Agencies about the personal debts you owe us if: the amount owned is not being disputed

Quite clearly there is a dispute on the balance of the account as witnessed by myself starting this court case and asking for a Judge to adjudicate on the matter. To claim there is no dispute when court action has been instigated would be ridiculous and I am sure frowned upon by the OFT and the Courts. A dispute is defined as “a disagreement or argument about something important”, clearly this is what’s happening.

 

 

So now I just have to sit back and wait again :-(

 

 

S.

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Right after a pig of a day (work nightmare, wife laid off, barclaycard's solicitors harassing me and me finding out I have a panic mode thats easy to find :-()

 

I finally got Crap1's defense... basically they'll pay the full amount of PPI and charges back plus stat interest plus fees.

 

I'm countering with asking for the bad credit markers as it breaches the banking code and therefore enforceable under CPUTR2008 and also that they apply the money against the balance after clearing the arrears first.

 

Have warned them I'm quite prepared to cite Sempra metals for claiming compound interest and I would request disclosure of documents that I know they dont have. Unless order after they cant provide them :-D

 

One good bit of news for everyone is 2004 agreements are definately scanned images and they only have the front page of the original doc, they confirmed in the defence statement that the CCA supplied as part of the defence doc is the scanned front page of said document.

 

Will see what they come back with to my offer.

 

Hope everyone has had better days than me.

 

S.

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Gosh that was quick :-)

 

Crapone have agreed to my terms,

 

Could have gone to court for the contractual or just before but I think this is a fair result for both parties.

 

Just got to sort out confirming compliance and then the discontinuance.

 

S.

Edited by the_shadow
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  • 2 weeks later...

Ok, notice of discontinuance... am I right that

 

a) I just fill in N279 form, send to court and to defendant recorded delivery?

 

I dont need a judges approval to discontinue pre-AQ stage do I?

 

S.

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Hey Well done shadow,

GREAT RESULT CONGRATULATIONS,

 

you have now just thrown my claim into confusion,

 

I thought I would claim seperately charges+ppi but now Im thinking of back tracking and wish Id read your thread earlier,

can I ask where you got you poc from I would like to use if its ok.

 

 

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Cheers Gary,

 

the POC's I put together from Alphageeks vs Capital one and Noomil vs Barclaysharks threads. I dont mind posting them but it'll be after I file discontinuance.

 

a caveat to using them is the fact they had to request a further 30 days from the judge to file a defence as they "claimed" they needed to find documents.

 

S.

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no probs shadow

im reading through the poc for alphageek and im also thinking of sending out your letter in post 31,

I was going to go fos with the ppi as I have issued a lba for charges for court,not filed yet though,

quick question-on your shedule 2 for charges did you put the spread sheets seperately (charges pages/ppi pages)

 

 

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no probs shadow

im reading through the poc for alphageek and im also thinking of sending out your letter in post 31,

I was going to go fos with the ppi as I have issued a lba for charges for court,not filed yet though,

quick question-on your shedule 2 for charges did you put the spread sheets seperately (charges pages/ppi pages)

 

I did put all the charges together.. that letter got me my offer of all the PPI charges back, just no interest.

 

S.

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Excellent news, shadow.. have amended title to WON for you:)

 

Have had to pop you in Legal DCA successes cos I cant find a Success forum for Capital One or PPI.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok, notice of discontinuance... am I right that

 

a) I just fill in N279 form, send to court and to defendant recorded delivery?

 

I dont need a judges approval to discontinue pre-AQ stage do I?

 

S.

 

TBH, I dont know. I will ask :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have put your query to the site team, hopefully someone will have the answer for you.

 

I think andyorch is on the forum at the moment, you could ask him..I am sure he will know :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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