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Capital One PPI - Need some help !


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Hello

 

Rather than go into the nitty gritty and to keep this post, short, sweet and to the point, I will explain briefly.

 

I had a Crapital One Card with PPI attached to it and claimed for mis-selling etc etc. They initially rejected my complaint, and after a further letter to them, decided to offer a refund of approx £46.00 and that it would be credited to my account. I wasnt having that, and so I submitted a further letter to them advising if they didnt refund me I would submit my complaint to the FOS. Now after having no response, and chasing them today, I have been told the offer has been increased to £345.00 but they will still refund this to my account, and that the account has been sold to a DCA ! First I heard of it, and I immediately drew their attention to the FSA DISP rules that state : DISP 1.2.17 R

 

This rule requires firms, when providing compensation to make a payment in a manner in which the complainant accepts. This is relevant when insurers attempt to make payments that the client may not want, such as a credit to their account rather than a cheque.

I have submitted my last letter to them today advising of this before I escalate this further. They have until Friday to compley ( within the 8 week timescale ). Obviously they may not reply by this date, I have generously gave them until 05th June.

 

Can anyone tell me what the likely hood of success with this is ?

 

Thanks :D

Forsure

 

** One woman crusade against the rip off lenders ! **

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Hello

 

Rather than go into the nitty gritty and to keep this post, short, sweet and to the point, I will explain briefly.

 

I had a Crapital One Card with PPI attached to it and claimed for mis-selling etc etc. They initially rejected my complaint, and after a further letter to them, decided to offer a refund of approx £46.00 and that it would be credited to my account. I wasnt having that, and so I submitted a further letter to them advising if they didnt refund me I would submit my complaint to the FOS. Now after having no response, and chasing them today, I have been told the offer has been increased to £345.00 but they will still refund this to my account, and that the account has been sold to a DCA ! First I heard of it, and I immediately drew their attention to the FSA DISP rules that state : DISP 1.2.17 R

 

This rule requires firms, when providing compensation to make a payment in a manner in which the complainant accepts. This is relevant when insurers attempt to make payments that the client may not want, such as a credit to their account rather than a cheque.

 

I have submitted my last letter to them today advising of this before I escalate this further. They have until Friday to compley ( within the 8 week timescale ). Obviously they may not reply by this date, I have generously gave them until 05th June.

 

Can anyone tell me what the likely hood of success with this is ?

 

Thanks :grin:

 

Can you please post up timescales on when you first started to reclaim PPI?

 

Capital one have 8 weeks to either respond to your claim or refuse your claim. If they refuse within the 8 weeks you can start action as soon as they refuse. You cannot however cut short the 8 week period that is allowed for them to respond.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Can you please post up timescales on when you first started to reclaim PPI?

 

Capital one have 8 weeks to either respond to your claim or refuse your claim. If they refuse within the 8 weeks you can start action as soon as they refuse. You cannot however cut short the 8 week period that is allowed for them to respond.

 

aa

 

Hi

 

I sent the initial letter to them on the 30th March 2009, and so am I right in saying it is nearly at the end ? They want to refund onto my account, but I dont want this.....can I challenge them on this at all ?

 

Thanks x

Forsure

 

** One woman crusade against the rip off lenders ! **

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CAP 1 NEED TO GIVE A FINAL RESPONSE TO YOUR COMPLAINT IN WRITING WITH IN EIGHT WEEKS

 

IF THEY HAVE NOT DONE THIS THEN THEY HAVE %$%^&^ up

 

they cant sell an account while in dispute

 

demand cap 1 recall this account from the dca or complain to fos

 

Thanks for the reply Post

 

Can they refund my account rather than directly to me as Im sure I read somewhere about the FSA Disp rules ?

 

Thanks again for your help :)

Forsure

 

** One woman crusade against the rip off lenders ! **

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The Norm Is To Pay It Direct Into An Account But I Believe You Can Demand A Cheque If The Account Is Not Currently Overdrawn

 

Ime Checking That One Out

 

Thanks again Post - as always very helpful :D

Forsure

 

** One woman crusade against the rip off lenders ! **

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Hi

 

Update - Capital One agreed to credit me rather than my account !! Result you would think , but this is where they leave me so angry !! :-x

 

I have had verbal confirmation from them over the phone ( luckily I have got the names of who Ive spoken to ), and they confirmed to me that the award had been increased to £346 !! I didnt believe this, so actually called them a few times since 26th May simply just to verify that the new increased offer was correct and to get the names of the people who would tell me that.

 

My OH rings me in work today and tells me they sent the offer letter as they advised me they would, but that it was for £46 !!:-x:-x:-x

 

I called Crapital One this morning and they said, oops it was an error ( despite me checking this with them for the last time on the 29th May and them confirming the higher offer ), and basically to like it or lump it !!

 

Is there anything I can do regarding this ? My original credit amount was only for £200 and so I do actually think the £46 is correct to be honest, bnut its the fact that they told me loads of times on the phone and said a letter was sent confirming this.....how the hell would they get it so wrong ? Maybe they know something I dont relating to my account ??

 

Is it worth me complaining to the OFT & FOS, or should I just accept the offer ?

 

Any help would be greatly appreciated :D

Forsure

 

** One woman crusade against the rip off lenders ! **

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Wait A Bit To See What Offer Comes In The Post, You May Be Surprised

 

Dont Know If The Account Has Been Defaulted But If It Has, Only Accept An Offer If The Default Removel Is In Writing On Accepting The Penalty Charges

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Wait A Bit To See What Offer Comes In The Post, You May Be Surprised

 

Dont Know If The Account Has Been Defaulted But If It Has, Only Accept An Offer If The Default Removel Is In Writing On Accepting The Penalty Charges

 

Hi Post

 

Thanks again for your advice ! You seem to be the only one helping me at the moment !! I really appreciate it....

 

I just rang my OH and he confirms that they stated in their letter it was a mistake and I shouldnt have been offered the £346 and the full and final settlement would be for the £46 only.....am soo mad !!!!!!!!!!!!!!!!!!!!

 

But to answer your question, the account is in arrears with them and has now been sold on tom Capquest I believe ( although I have yet to receive confirmation of this ).....

 

What would you recommend would be my next step ?

 

Thanks again :D

Forsure

 

** One woman crusade against the rip off lenders ! **

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In Dispute And Sold To Crappy Quest

 

Odear

They Realy Cant Get It Right

 

Send Cap 1 A Letter Asking Why It Was Sold In Dispute And Demand It Be Recalled Or A Complaint To The Oft

 

Dont Accept That Offer Just Yet

 

IF ITS BEEN SOLD, ITS BEEN DEFAULTED

 

WE CAN USE THAT NOW TO GET THE DEFAULT REMOVED

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