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Psychoduck

Mis-sold insurance through Capital One/AXA

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Hi,

 

I applied for a Capital One credit card about two years ago now and got it without any issue. I was only working 20 hours a week, and whilst i realise this is more than the 16 hours that constitutes part time, they were made well aware of the limited cash i had coming in.

 

They asked me if my job was secure, I explained it was, and they then told me to take out insurance just in case. I didn't say yes straight away, I instead asked what the insurance covers. I was told that my insurance would cover me in all circumstances that lead to my loss of employment, with the exception of me getting fired for bad behaviour or for just up and leaving.

 

I was told i'd be looked after no matter what, basically, so for the small fee I thought what the hell and signed up.

 

Fast forward a year, we have a house fire and lose almost everything. This ends up leading to me and my wife having stress anxiety disorder and depression. I'm unable to go back to work. I claim sick for 6 months until it all runs out, I was then on SSP and struggling with all payments cause the amount was so low, i then phoned AxA insurance who hold the insurance for my Capital One card and explain the situation to which they tell me.

 

"As you're currently still employed, we are unable to offer any help"

 

Not exactly helpful. A few months later when my SSP runs out I tried again and got the same response. 2 months after that my employer had to release me from my contact with an Ill Health Dismissal. Note: An ill health dismissall states I have done NOTHING wrong, it's not my fault, but due to illness i cant carry on my duties so I'm a redundant employee.

 

I phoned AxA and told them this. I explained everything. Their response?

 

"Sorry to hear that, but it's your own fault. Mental health isn't insured by us, so technically this is classed as your fault and we cant give you your insurance claim"

 

I told Capital One, who basically said "oh... well thats a shame" and then started demanding money mroe frequently. Up to this point i'd kept my card reasonably good, i'd gone over the limit a few times cause i'd be charged before i was paid but i did get the minimum payments in.

 

With no cash whatsoever now whilst waiting for benefits though i went over my limit and received charges. The phone calls began. Every day 2-3 times a day demanding I pay the 32 pound i was over my limit. With no cash i said i cant, i was told it may go to default, I said ok. The next week I'm phoned again multiple times telling me i now owe more cause they charged me £12 for letters to be sent out and i was late paying my monthly agreement.

 

I keep explaining my situation, I told them about the insurance they (in my opinion) mis-sold me, but they keep adding charges (and keep charging me for the insurance)and wont seem to listen. They wont accept a £1 minimum payment from me either.

 

Is there any way I can claim my insurance payments back? or perhaps claim even more? and how would I go about it?

 

I've told the people on the phone I want to speak to their manager and have been told that they're not available but will call me when they are available. Guess who never calls? It's really getting me down now. I know their threats of forcing me to sell my house are idle scare mongering tactics, but everytime they speak to me they keep telling me I should be able to claim my insurance and the fact that I'm not allowed despite them telling me otherwise is really winding me up.

 

Please help me

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HIYA PSYCHODUCK,

 

This IS shocking behaviour:eek:

 

Right you have been more than helpful so lets now turn the tide so firstly quit the phone calls and do it all by letter because as you have found out phoning them does no good.

 

First stop is the harassment letter get this in the post soon as link below:

 

http://www.consumerforums.com/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

 

Just edit this letter to suit your needs. do this first before anything else.

 

Right got that sent off next step

 

You need to send a subject access letter to the card provider again link is below:

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/118145-sar-ppi.html

 

This will get you copies of everything they have on you like agreements, statements etc.

 

Getting all this information first will put you in a better position to fight this imbeciles.

 

This will cost you £10 its a statutory fee for them to search there records

enclose a postal order with the s.a.r letter.

 

Now sit back and wait because again they have a statutory time limit of 40 calender days to comply plus postage time of 2 days so mark your calender or better still put a note on your mobile phone.

 

Once you have this information lets us now and we can set about in starting a claim.

 

Also let us know if you still get harassed after sending the first letter so we can help you deal with it.

 

Good Luck

 

Regards

 

PF


If I have been of help to you please feel free to click my scales to the left Thanks.:)

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

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Once we have all the information to hand not only will we start a PPI Claim but also go about getting the charges back bacause these charges are credit card cgarges so are not subject to the same rules as bank charges i.e the OFT TEST CASE.

 

They may tell you they are but i can asure you they are not, and are fully recoverable.

 

Regards

 

PF


If I have been of help to you please feel free to click my scales to the left Thanks.:)

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

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Below is a link to the debt forum libary

 

There are many template letters there that can assit you.

 

The Consumer Forums - Debt collectors

 

PF


If I have been of help to you please feel free to click my scales to the left Thanks.:)

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

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Links for SAR are here..........Full SAR for ppi

 

and here..Data Protection Act 1998 - Subject Access Request

 

You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. The post office will be able to confirm when it was encashed (just call 01246 542091 they will even send written confirmation if you request it) Send all correspondence by at least recorded to be signed for so you can track delivery through Royal Mail

 

You should request the following documents:

 

A true copy of your Consumer Credit Agreement with the Terms and Conditions that were applicable at the time you took the loan/card/mortgage.

 

Copies of all statements applicable to the loan/card/mortgage.

 

Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.

 

Copies of all recorded telephone calls or transcripts of the recordings.

 

Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.

 

There is much more information in here that should help you along the way.

 

Mis-sold PPI? Want your money back? use these links to help

 

Do not be fobbed off by them citing issues such as relevant filing systems.

 

If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.

 

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 question

For legal issues relating to Data Protection check this link...Lots of very useful info in understandable terms.

Data Protection | OUT-LAW.COM

 

it includes the following and much much more

Negotiating with the Data Subject (This should be important to Banks)

 

At this stage, it is advisable to negotiate with the data subject. The location information the data subject will have already given will give a clue as to what it is the data subject really wants to have information about. The benefit of the Data Protection Act 1998 is that it allows data controllers to negotiate with data subjects to get the data subject to specify the exact information he or she wishes to receive.

 

The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.

 

When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.

 

However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required. (nice to know what you see in the Act is what you get)

 

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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Just to add a little more to this:

 

Before i found this wonderful forum last week, i'd gotten annoyed at Capital One with their repeated phone calls. Every day, phoning asking for money that i said i didn't have and then giving me extra charges.

 

The last call i got about 10 days ago basically revolved around some woman who didn't speak english very well so was hard to understand saying the following:

 

"Sir, if you cant pay the £163 over your limit, can you at least afford to pay £23 by Friday."

 

no i cant

 

"Well ok sir, but now we'll have to issue a statement of default"

 

Ok then. Thats fine.

 

"Thank you sir"

 

----

 

I was not worried about it defaulted, cause I've defaulted on other accounts. My credit history is not in good condition after this last year so yeah, not worried at all, If the account goes to a debt collector I probably have a better chance of them helping me, than i do CapOne.

 

I got my letter a few days ago stating I was in default. People would be notified. yadda yadda, collections agency.

 

Today i got a phone call. Recognised the voice, it was the same lady who always phones me from CapOne. I was going to fail the security questions so the call would end, but remembered that i'd send my two letters off and thought maybe something had come from it. Especially since i'd asked telephone calls to stop.

 

No.

 

Instead i'm told i know owe 180-something, and need to pay that now. When told i cant, it changed to 28 pound by next friday. I told her no. She told me to contact Axa about my insurance (even though she knows damn well i cant get it!).

 

Then she told me that they are stopping my account from defaulting. Hence my extra charge. Whilst not in default, i'm still getting my monthly charge and over limit costs.

 

But since they issued the default letter, and I agreed to it I dont know why it's being held up. She then told me to phone their finacial helpline, to get a claims and expenditure form (which i already filled in, twice) to see if they can help me (this process took over a month last time before they claimed they'd not got the files). She told me I'd need to pay at least £5 a month though, which i honestly cant afford. She told me I need to phone that number today to get the £5 plan started, but that I also need to clear my overlimit of £180 something, as I will still be charged on that, and that whilst I'm sorting out a payment plan they wont send my account to default (apparently to help me) So i should keep up payments, and try to clear my over limit to avoid mounting any more charges.

 

Ended the phone call, politely, here.

 

Is it legal for them to hold the account from default, once I've stated I'm ok with it? they threatened me with it about 2-3 months ago, and then supposedly finally did it a fortnight ago, but now i'm told they wont let it go and i'll still mount charges I'm a little annoyed.

 

Blocked their number on my mobile phone today, to avoid them calling that. Unfortunately cant block off land line, cause i need to pay for blocked numbers and cant afford it right now. I have no caller Id either, but will get one as soon i have a fiver available.

 

I'm now just waiting for responses to the letters i sent. Whilst i twiddle my thumbs waiting to be ignored by them, can anyone help on this default stuff?

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Ok, i just got a letter back from Capital One. I explained my situation to them, about believing i was mis-sold the insurance due to them telling me it covered me for certain things it doesn't actually cover me for.

 

I didn't sign my letter, as i was told before not to do that.

 

 

Got a letter back this weekend, telling me they're sorry to hear about my troubles and are willing to try and help me out in getting the insurance claim. But then told me that they can not do this however, cause I did not sign my letter i sent them. I was asked to reply with a signed letter saying it was ok for them to look in to it.

 

1 problem: I got this card online, I've not signed a single thing. I applied online, then got a phone call to set it all up (including the insurance) and then that was that. I had a card.

 

How should i reply? send a letter with a false signature so i know if they 'copy' it onto any agreement i didn't sign? or just reply and tell them I'm not signing?

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*BUMP*

 

Can somoene please tell me how to respond to this last letter, i really dont want to sign given that they dont have any proof of my signature anyway so shouldn't really need it.

 

Suggestions?

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