Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

PPI claim - Capital 1


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3477 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hopefully this is in the PPI forum!

 

I would appreciate any guidance from others with experience of claiming back PPI from Capital one.

 

Having written for CCA going back to April this year and still waiting for it, I did SAR and have spent the last 2 nights working out how much I have paid for PPI.

 

In excess of 900 pounds (why won't my pound sign work?)

 

WOW, quite a shock, so now of course wondering whether a claim might be worth doing. They state in their response letter to the SAR that they have my written request for this insurance but have only produced an acceptance form dated four months after the card was taken out. This form clearly states that T & C's will be sent out AFTER my application is processed.

 

Information within the SAR shows that I declined PPI at the application stage and I am at a loss to know why I would have applied for it afterwards as I had no employment concerns (still in the same place now) and would be in receipt of sick pay should that scenario arise.

 

Will start reading thread on here but any help greatly appreciated

Link to post
Share on other sites

  • Replies 89
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

dont believe a word they say or write

cap1 will do ANYTHING to wriggle out.

 

go ahead with your claim, don't forget you can add THEIR interest rate from the time of the ppi charge date to the date of your claim AND you can add 8% stat int for the same time period.

 

IGNORE everything they write back and say , involke their complaints procedure, wait for a letter that says 'this is our final response, then fill out the FOS PPI complaint form.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

dont believe a word they say or write

cap1 will do ANYTHING to wriggle out.

 

go ahead with your claim, don't forget you can add THEIR interest rate from the time of the ppi charge date to the date of your claim AND you can add 8% stat int for the same time period.

 

IGNORE everything they write back and say , involke their complaints procedure, wait for a letter that says 'this is our final response, then fill out the FOS PPI complaint form.

 

dx

 

This is good advice. I submitted a claim and they made an offer but the offer was refused and a complaint submitted to the FOS :)

 

Not sure what the outcome willl be but capital one should have been more receptive to the claim:) The claim is now with the FOS :D

 

Tough titty for Cap 1 :shock:

 

Unless of course the claim fails:confused:

 

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.

 

Link to post
Share on other sites

Hi Alan,

 

Thanks for posting, I have just read your Cap 1 thread and guess you have not had a response from FOS yet, good luck.

 

I have every intention of putting in a claim for this but I just cannot get my head round the calculators................... yet!

 

I too have the Cap 1 statements from SAR but as the interest has increased so much over the years and the balance has been reduced to zero a couple of times, just at a bit of a loss where to start

 

Is there one for dummies? :)

Link to post
Share on other sites

Well I guess proving that it was 'mis sold' is the question.

 

Thinking along the lines of writing to them advising I am considering a PPI claim as they have not produced my 'written request' for it in response to my SAR, the full amount of the claim being £900+, this is without interest, which can be added amounting to XXX (still to work out the figures), they have also added excessive charges totalling £388 of which £108 has been added whilst the account is in dispute, so I expect a refund of XYZ. With interest added of 8%, this will probably reach the balance due on this card and would get one out of the way at least.

 

Am I living in cloud cuckoo land?

Edited by Dotty50
Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

nope your on the right lines

just remember, the 8% is charged from when you paid 'that' part of your PPi to the date of your claim.

 

so payment dates are important.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi,

 

Anyone used these calculators?

 

Other thought that I have had, as I have put this in dispute, by requesting a refund of charges and PPI. Am I contradicting the situation?

 

Reading other threads and seems to be a difference of opinion so who is correct?

Link to post
Share on other sites

what do you mean, contradicting the situation?

if you mean you are refusing to pay because you think the CCA is unenforceable, so how can you now reclaim PPI...game.?????????

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

DX, I can assure you this is not a game! :-o

 

I, like many others looking for help and advice on here, have paid their way for many years without question and then find that the CCC's increase the rates extortionately and if your circumstances change it becomes an intolerable situation. I ultimately wanted to try and arrange F & F's when I originally came to CAG for help and the advice is, get CCA first and go from there, which is what I am trying to do.

 

Having SAR'd Cap one, a computer print out states that at the time of the application, PPI was NOT requested and if you see my other posts, I cannot for any reason believe that I wrote to them requesting it, four months later! Hence me looking at a possible re-claim.

 

Having read lots of threads, I simply asked what I think is a reasonable question, you can't have your cake and eat it IMO

Link to post
Share on other sites

no i didn't mean 'you' playing games dear, i mean't them. silly.

what are worried about? that you think you cannot reclaim PPI when you have put the A/C into dispute?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Sorry DX, feeling a bit touchy I guess, they knocked my front door yesterday. :( Hope I am forgiven!

 

Yes that is exactly what I am thinking, how can you reasonably ask for money back and question enforcability at the same time?

 

Still need some guidance with those spreadsheets please :?

Link to post
Share on other sites

it matters not you have PAID the PPI premuims & they charged you on those payments at THEIR interest rate too so get your hard earned cashback.

you have also been deprived of that cash from the date you paid it, so you also deserve interest back on top of that [stat 8%] to reimburse you your loss .

 

i dont use the spreadsheet so i cant help, i dont understand them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi to anyone subbing who may have experience with the spreadsheets I put on post 9.

 

I have used the simple one to input the amounts of ppi paid and date charged from and same for a second spreadsheet for the fees charged.

 

This is what I arrive at:-

 

Late fees £400

interest @ 8% = £94.52

 

PPI charges £912.68

interest @ 8% = £216.75

 

That totals £1623.95

 

Would really appreciate an input from someone who has used this simple calculator, just to ensure I have done this right before I go any further please.

Link to post
Share on other sites

ickle bit late now Dotty.....but one of the guys will no doubt be here in morning.

Its flagged for site team.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Hi Thanks Martin,

 

I am familiar with basic excel spreadsheets, but not in claiming back PPI & charges. So a little re-assurance very much appreciated.

 

I think there are so many people here on CAG now that you could have a long wait for someone to come along.

 

Victim of it's own success. :-)

Link to post
Share on other sites

Hi Dotty

 

PPi and the charges would have been charged on your card at a higher rate than 8%. The APR is added to the charges and your PPI payments and would bump up your claim quite considerably.

 

There are 3 cases which are important for Contarctual Interest claims (CI in stead of s69 at 8%. I think it could be a good idea to put s69 in as an "in the alternative" on your Particulars of Claim when filing at court. The cases are:

 

1. Westdeutsche v Islington Borough Council [1996] A.C. 669, [1996] 2 All E.R. 961

 

2. Halliday v HBOS - which we know all about

 

3. Sempra Metals v Inland Revenue [2007] UKHL 34

 

If you are unsure about making a Contractual Interest claim, the legal arguments etc, and want to make a safe claim using S.69 at 8 %, then i would carry on with your claim, a "Safe" claim is another way to put it.

 

There is a calculator here you can use for your Compound interest claim if you choose that route. Make sure you change the APR amount in the box above.

 

http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Hi ukaviator,

 

Thank you for your response, I had saved the other calculator but hadn't used it because it is more difficult to determine the CI as it has increased several times over the years.

 

I am not any where near going to court, I have yet to put in a claim to Cap 1 and am looking for a suitable approach letter.

 

Am I right in thinking that you advise that I state in my letter that CI is an alternative claim should the initial response be a negative one, giving them the option to settle for a reduced sum?

Link to post
Share on other sites

Hi Dotty

 

The S.69 Interest rate at 8% is the alternative if the judge will not agree on the Contractual Interest. Capital One have in the past paid out using the Purchase rate of interest, without too much hassle.

 

Many have asked for the Contarctual rate and ended up with the purchase rate, still better than S.69 at 8%. Its your choice Dotty.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Hi Dotty

If you still need help with the interest calculators, I have copied this from my thread, where Pompeyfaith helped me out brilliantly!

 

Get a sheet of A4 go though your statements writing down every PPI payment along with the date it was applied.

 

at this point make a note of the APR and chect this APR on every statement as it can change

 

Got all that down now go here:

 

Compound interest calculator

 

Insure the rest days is set to compound monthly

 

Now just imput the dates and each amount and APR that applied to that payment.

 

Click calculate and the figure will appear below the total figure is the ine you want

 

Write this down in another column and do the same for the rest.

 

Now we have a column of figures with the compound interest allied next we need to add on the s69 statutory interest at 8%

 

So next we need to go here

 

Blake Lapthorn - simple interest calculator

 

Again do each one entering the rate of 8% the principal sum which is the colum where you have just added compound and the dates.

 

Write down each figure as you go in another column

 

Now you have done this Well Done just use the windows calculator to total up.

 

That total will be your claim.

 

Firstly start date to todays date as it its a rolling credit agreement and not fixed term like a loan is.

 

Yes tick 360 days a year

 

The monthly interest rate on an APR of 27.9% is 2.075%

 

Hope this helps

Emmtay:)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...