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lukepapa

LP v Capital One - PPI advice

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Hi All

 

I was really looking for some help on trying to claim back my PPI from Capital One on a credit card I took out with them.

 

I am being charged on a monthly basis for payment protection insurance and sure I was not given the choice to take it out or not.

 

any suggestions on A) Whether it is worth pursuing and if so what my first step should be with this.

 

Thanks in advance for your help.

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Hello LP,

 

have a look at the following and you will need to do some reading and homework to get the idea of PPI and the associated issues.

 

 

PPI - Some Notes for Claimants..

 

All new posters this is **important**

 

links within the links is a multitude of information on mis-selling of PPI, links to the relevant authorities, examples here but you will be better advise to take time and look through to get a better idea on the complexities of ppi.

 

THIS LINK IS IMPORTANT TO YOU ON RECLAIMING IT IS FROM 2001 FROM THE FOS

loan payment protection insurance and a quote from this link...

 

Quote:

When determining whether a policy is suitable, a seller – whether a lender or an agent for the insurer – must obviously take into consideration any information the prospective policyholder volunteers. However, we do not consider the seller’s duty is limited simply to recording what the borrower discloses. It is only by asking questions that the seller can properly determine suitability. These questions cannot cover every aspect of a borrower’s personal position and should not be expected to do so. To paraphrase the ABI Statement, only those matters deemed to be relevant by the insurer should be the subject of questions.

Another useful site to help you reclaim missold PPI UPDATED 16 JUN 08

Reclaim your PPI premiums - payment protection insurance | This is Money

 

This is a little snippet from the above link....

 

Can I reclaim on any PPI policy?

Your claim for compensation is dependent on when you took the insurance. PPI sales only came under the jurisdiction of the FSA on 14 January 2005. Any sales made before then are not covered by the latest rules.

However, it may still be worth complaining to your lender if you feel you have been mis-sold. If you bought before January 2005 it is likely that they will have been covered by a previous regime of rules. This means that the Financial Ombudsman Service will be able to consider these complaints. If you took PPI after January 2005, your claim is subject to the latest rules.

 

When you send your Subject Access Request you should ask for evidence of the questions asked at the point of sale.

Please see this link for an example:.....http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf

FOS details of some PPI claims and the rulings

issue 71 - complaints about payment protection insurance

 

 

There is much much more to look at in here some links are more recent than others but all are still relevant.

 

Post up any queries.

 

Best to research, then prepare, then act once you are sure of the way to go;)

 

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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Thanks Alanalana.

 

I will have a trawl through all of this very useful information and decide on my next step. The one thing I envisage having issues with if working out the money that may owed to me, as this was on a credit card over a number of years.

 

In the meantime I will have a read and get back to you with any queries if that is ok?

 

Thanks foer your help.

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Alanalana.

 

Very interesting stuff, I actually searched for Capital One bank on the FSA website and looked the fines imposed.

One relates to PPI and the misselling of the product and not sending out policy documents.

The site also quotes this:

 

'Capital One proactively engaged in a substantial remediation programme to ensure that all customers who did not receive a policy document, including those who purchased PPI prior to the commencement of FSA regulation, have the opportunity to be recompensed. The cost of this programme, including potential premium refunds, has been estimated to be in the region of £1.1 million in relation to sales made after FSA regulation and £1.9 million before FSA regulation was introduced.' - I havent had any contact from Capital One whatsoever.

 

It also gives reason as to how they misold the policies to people as well.

 

Would you suggest this is worth mentioning in my first letter?

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