CAPITAL 1 & PPI RECLAIM - Business claim

[diem23]

Hi all, i sent off a preliminary letter for reclaim of charges + a PPI reclaim to capital 1 on 30th September 2009 via recorded delivery. They received them on 1st october as i used the track and trace facility on royal mails website. The 14 day period is up, despite the fact theres a postal strike. What should I do next? Any advice appreciated.

[postggj]

send a letter before action

[diem23]

Thank u, will get that out today.

[diem23]

Hi Caggers,

 

Recent update on my cap 1 reclaim. Received a response today from them offering £138 instead of £404. But, lowell have been mentioned in this letter. I rang cap1 customer services (which is based in Mumbai i just found out) and the person i spoke to wasn't very helpful at all. I paid off my credit card debt to them in March 2008 and capital 1 are unaware of this, don't lowell and cap1 communicate with each other?!. So i should have no dealings with lowell. I had the letter stating the debt has been cleared but i destroyed it 6 months after the debt was paid off. The only proof I have that there is no balance on the account is my subject access request statements showing a zero balance. Im unsure what to do next as capital 1 are saying the debts with lowell and its been paid! What do i do next? Any help appreciated!

[diem23]

caggers, got a response from capital one today in regards to PPI claim made in regards to my credit card. Here it is:

 

Dear diem23,

 

Thank you for writing to us about the payment protection insurance (PPI) that we added to your account.

 

We sold the PPI to you during a telephone conversation in 2001. Cap1 ensures that our telephone scripting is clear, fair and not misleading. You were asked for your consent to hear the limited version of terms and conditions whilst on the call, and to receive full details in the post immeadiately afterwards. The limited version of the terms & conditions disclosed during the call were designed to enable you to make an informed choice about the product by including reference to all the significant exclusions of the policy. The product is optional and this was made clear to you.

 

Questions are asked to determine eligibility for the PPI product during the telephone call. You received the full policy document, which included full terms and conditions and policy summary immeadiately after the conclusion of contract. This contains a full list of exclusions. You also received a certificate of insurance which sets out cost and start date of the policy. Cap1 is not authorised to provide advice in relation to insurance products. Cap1 would not therefore have made a recommendation that you should take out PPI, or advised you that the product was suitable.

 

You received a 30 day cooling off period in which you could cancel the policy free of charge. You can cancel your PPI policy at any time by calling the number at the top of this letter.

 

Cap1 has procedures in place to monitor the sale of PPI over the telephone. Our associates use scripts and are trained to avoid giving advice to customers. We undertake quality checks to ensure sales are being made in a compliant manner.

 

As we have sold you the PPI correctly and in accordance with your request we will not be refunding any of the premiums. If you have any further questions, please write back to me within four weeks. I have also enclosed a leaflet explaining our complaints procedure....

 

I laughed when i read this letter because they have made several cock ups:

 

1. There was no telephone conversation in 2001, as I would have been 16 then and wouldn't be accepted for credit products at that age! Plus, I applied for my cap1 credit card in July 2004.

 

2. No certificate of insurance was issued.

 

3. As I applied online, there was no opt out option for PPI

 

I need pointing in the right direction to type a reply letter to them in regards to this and getting my money back, it seems to me they like to use a lot of lies to try and put themselves in a good light. Any advice appreciated:)

[Rooster-UK]

Moving thread into the PPI Forum.

[alanalana]

Moving thread into the PPI Forum.

 

Nice post Rooster UK

[alanalana]

Hello diem,

 

firstly welcome to the PPI forum. I am also in a battle with cap one. my thread is here..

 

alanalana v capital one - The Consumer Forums

 

Now Cap one have offered a settlement against their better judgement but without the contractual interest. The total claim is relatively minor under £300 but the principle is the condescending attitude of their office and the letters received. So their offer has been refused and we are back to the FOS.

 

follow up post on you thread to follow with a few pointers

 

aa

Edited October 23, 2009 by alanalana
grammar

[alanalana]

caggers, got a response from capital one today in regards to PPI claim made in regards to my credit card. Here it is:

 

Dear diem23,

 

Thank you for writing to us about the payment protection insurance (PPI) that we added to your account. (So they added the PPI to your account)

We sold the PPI to you during a telephone conversation in 2001. Cap1 ensures that our telephone scripting is clear, fair and not misleading. You were asked for your consent to hear the limited version of terms and conditions (Ask why you only got a limited version of the terms and conditions) whilst on the call, and to receive full details in the post immeadiately afterwards. (At this point you must insist that they produce a tape of the telephone conversation or a certified transcript of the alleged conversation signed by their data protection officer..) The limited (ask them why they were limited) version of the terms & conditions disclosed during the call were designed to enable you to make an informed choice about the product by including reference to all the significant exclusions of the policy. (Again ask them if they were limited versions how would that enable you to make an informed choice about the product? You should have in fact been given a full version of the terms and conditions that were available and not a limited version as they have stated in their letter. The product is optional and this was made clear to you. Put them to strict proof of this statement they are stating this was a telephone agreement so let them provide the proof that the product was optional and that this was made clear to you by producing the tape recording of the alleged sale or producing a valid certified transcript of the recording.

 

Questions are asked to determine eligibility for the PPI product during the telephone call. You received the full policy document, which included full terms and conditions and policy summary immeadiately after the conclusion of contract. This contains a full list of exclusions. You also received a certificate of insurance which sets out cost and start date of the policy. Cap1 is not authorised to provide advice in relation to insurance products. Cap1 would not therefore have made a recommendation that you should take out PPI, or advised you that the product was suitable.

 

You received a 30 day cooling off period in which you could cancel the policy free of charge. You can cancel your PPI policy at any time by calling the number at the top of this letter.

 

Cap1 has procedures in place to monitor the sale of PPI over the telephone. (Time for them to produce their monitoring procedure in your case) Our associates use scripts and are trained to avoid giving advice to customers. (how good is this statement their associates use scripts and are trained to avoid giving advice to customers) What a clever Capital One are we that use scripts and avoid giving advice to customers We undertake quality checks (Looking at this post so far the quality checks need to be enhanced to protect the consumer)to ensure sales are being made in a compliant manner. (This statement does not tie in with the advice given or not given to consumers so far)

 

As we have sold you the PPI correctly and in accordance with your request we will not be refunding any of the premiums. (This is where you take note of all of the information posted in this reply and complain to the Financial Ombudsman Service) If you have any further questions, please write back to me within four weeks. I have also enclosed a leaflet explaining our complaints procedure....(Who needs a leaflet to complain about this lot)

 

I laughed when i read this letter because they have made several cock ups:

 

1. There was no telephone conversation in 2001, as I would have been 16 then and wouldn't be accepted for credit products at that age! Plus, I applied for my cap1 credit card in July 2004.

 

2. No certificate of insurance was issued.

 

3. As I applied online, there was no opt out option for PPI

 

I need pointing in the right direction to type a reply letter to them in regards to this and getting my money back, it seems to me they like to use a lot of lies to try and put themselves in a good light. Any advice appreciated:)

 

 

All of my advice is as above in blue. If you do not have all of your data then you should get it Subject Access Request. Then compile a letter asking for your mis-sold PPI back and then if no joy go to the FOS.

 

Capital One a comedy of errors from mis-selling PPI to the letters they write. What Joy

 

aa

Edited October 22, 2009 by alanalana
text added

[Guest Old_andrew2018]

You could send a letter accepting the figure offered only as part payment, reminding Capital1 that the claim will continue for the balance

If you are concerned about Lowell you could ask for a copy of this letter, otherwise a subject access request will be needed.

[silverfox1961]

Capital one will always offer the lower figure first and then when you file your claim at court, they usually cave in and pay out in full as a "goodwill gesture"

 

As for the leeds losers, don't bother with them. They will have the devils own job proving this debt exists

 

fox

[diem23]

Thanks alanalana for taking time out to read my thread:D. I do have a copy of my statements with capital one and my CCA agreement. The only thing im confused about is how to work out the interest you would add onto the PPI amounts that capital 1 charged.

[alanalana]

Thanks alanalana for taking time out to read my thread:D. I do have a copy of my statements with capital one and my CCA agreement. The only thing im confused about is how to work out the interest you would add onto the PPI amounts that capital 1 charged.

 

Without seeing the statements I would be at a loss to advise, but Pompeyfaith is up to speed on interest calculations if you can nudge him to help. But not sure if he is currently available.

 

If it is a credit card then I am stumped as well although I did have some statements. I asked for a refund of xx and was offered x so refused.

 

However do not despair if you have you Agreements and statements etc and it goes off to the FOS they will work out the PPI payments and the statutory interest at 8%. There is however an ongoing issue on the payment of contractual interest which the FOS at the moment do not seem to be addressing for some reason.

 

keep up with the fight any agreement would no doubt show APR applied to PPI but the calculations on a card differ to a loan.

 

When shove comes to push the FOS with all of the information will be able to make an adjudication on the issue of mis-selling and what money you should expect to receive back as a result of being mis-sold.

[questioner]

I JUST GOT THE EXACT SAME LETTER OF CAPONE WHEN I MENTIONED PPI

 

AND MY AGREEMENT WHICH IS IN DISPUTE WAS DATED 2000 ...

 

LOL UNBELIVABLE!!!!!!!!:eek::eek:

 

FOS complaint stats for Jan-June 09 state that 98% of Ins claims against 'em were UPHELD

Edited October 30, 2009 by questioner

[citizenB]

 

I laughed when i read this letter because they have made several cock ups:

 

1. There was no telephone conversation in 2001, as I would have been 16 then and wouldn't be accepted for credit products at that age! Plus, I applied for my cap1 credit card in July 2004.

 

2. No certificate of insurance was issued.

 

3. As I applied online, there was no opt out option for PPI

 

I need pointing in the right direction to type a reply letter to them in regards to this and getting my money back, it seems to me they like to use a lot of lies to try and put themselves in a good light. Any advice appreciated:)

 

 

Hehehe, isnt it brilliant when they trip themselves up so spectacularly and in writing !

 

That alone should make them rush to pay you back everything:D

[questioner]

I would think this is a HUGE cock up by CAPONE AND WE NEED TO FIND OTHERS WHO HAVE RECEIVED THE SAME LETTER..

 

THE AUTHORITIES MOST BE ALERTED SURELY

[emmtay]

Hi everyone

I got the same letter!

Near enough word for word, the only differences being

 

Line 1

'Thank you for writing to us about the payment protection insurance(PPI) that we have added to your account'!

 

Also, as I am self employed I got this part too...

 

'As you were self employed, you were covered under the terms relating to employment benefit. This covers unemployment due to business failure. Under the terms of the policy, being self employed is described as working for profit, either alone or in association with others, paying class 2 National Insurance contributions and being assessable under Schedule D as defined by the Income and Corporation Taxes Act 1988.

The policy defines business failure as the business which you were self employed, ceasing totally and permanently as a direct result of an inability to pay debts when they are due. You must have provided accounts for cessation and your tax return placed with your local tax office.

If you were not paying class 2 National Insurance contributions you are not eligible to make a claim on the policy. In order for us to review the premiums we have added we will need to see evidence of this a letter headed paper from your accountant or the Inland Revenue will suffice.'

 

Does anyone have experience of PPI when self employed that can advise on this?

Cheers

Emmtay

[citizenB]

Look at the stickied information in the PPI Forums. I have amended your title to reflect that this is a business claim.

[diem23]

Hi caggers, its been a while since ive been on here! Update on capital 1 reclaim, sent a rejection/lba letter of their paltry settlement offer on october 22nd via recorded delivery, but low and behold they haven't written back since! Need advice on how to start the court claim route. Any help appreciated.

[johnerog]

Hi caggers, its been a while since ive been on here! Update on capital 1 reclaim, sent a rejection/lba letter of their paltry settlement offer on october 22nd via recorded delivery, but low and behold they haven't written back since! Need advice on how to start the court claim route. Any help appreciated.

 

It may be that you can use MCOL its probably the easiest if you have a solid case.

[diem23]

***Successful Update***

Received a longg awaited reply from our friends at capital one offering me the full figure reclaim of charges for £404, just in time for xmas! Thank you for all the advice thats been passed onto me. Barclaycard are next on the hitlist once the ICO get on top of their caseload, ive been waiting 2 months!

[silverfox1961]

hi,

Well done for sticking it out and of course, sticking it to Cap1

 

If you can spare a little for CAG that would be nice.

 

If the Leeds Losers are still hassling you, help is at hand.

 

fox

[diem23]

Hi Caggers,

 

Got a letter from our friends at Capital 1 on 4th december 2009 offering a refund of £404.23 (great!), told me to sign and return the offer acceptance form and payment would be sent within 21 days provided there is no outstanding balance on the account which there isn't. The account was sold to lowell 2 yrs ago but has been paid off since march 2008. Sent the acceptance form back to them via special delivery.

A month has now elapsed, no sign of cheque so decided to phone cap1's customer service centre to query this. I spoke to a very rude and unhelpful person who said i have to send another letter to the executive response centre to make my enquiry. The person i spoke to at the customer service centre said the account has been sold and I re-illiterated to him enough times the account was paid off, i even received a letter from lowell at the time that it was paid off (its now shredded as i destroy documents over 6 months old) so the information on my account should have been updated. Ive sent enough letters to these jokers, i just want the situation to be over with and refund my money as promised! Is there any way I could get a number to call capital 1 at their UK office in nottingham as the customer service number is based in India. What step should i take next as i have been given the run around, any help/advice appreciated.

[baileyb00]

im in the same situation - have you had your cheque now?

[tifo]

i'm in the same situation.

 

i settled a Cap One account with a DCA in full (so i paid the charges + PPI + interest on these) and then reclaimed charges and PPI from Cap One.

 

they offered to refund towards the 'outstanding balance', i.e. send the payment to the DCA and despite me sending proof of settlement, are completely ignore what i am saying.

 

this went to the FOS who sided with Cap One.

 

now i have the same thing again, i.e. they'll refund the 'oustanding balance'.

 

i am told there is no way to call the UK customer services and all calls go to India who are useless at helping in this case.