Are Capital 1 contacting customers? ***WON***

[ims21]

Templates as in my previous post #15. Amend for your use and ensure you pt in there that the ppi boxes were clearly not ticked and yet they put it onthe account regardless.

 

You did not want it, need it, ask for it or approve it. They made the decision to put it on.

 

Prelim letter first. Lba if they don't cough. Make sure in your prelim that you tell them that if they don't refund your money in, say, 14 days you will put them on 14 day notice of court action.

 

Regards

 

ims

[gregorious77]

Plelim written and signed, fos paperwork complete, all ready to send off signed for. they will have 14 days from receipt of letter to pay me what I am owed!!

Delaying attempts will not work.

[ims21]

[gregorious77]

They signed for it today, 14 Days and counting!

[ro284]

Good luck gregorious77 Wishing you good rewards for your perseverance, looking forward to updates of your progress, regards Ro

[gregorious77]

Well I got a letter this morning! it reads as follows:

 

"Thank you for writing to us about your capital one account

 

It is going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to answer you within eight weeks of this letter.

 

If for some reason our investigations take longer than eight weeks, we'll contact you to tell you why this is.

 

Thank you very much for being patient while we collect the information we need.

 

(Stuff about 0844 numbers)

 

Yours sincerely

 

Liam Quegan

Head of executive response centre."

 

The two weeks I gave them to refund me is up on Tues 5th Aug.

Should I respond to let them know this is the case, or just wait and send LBA on the 5th as originally intended?

They say they are gathering the details but they have already done this surely when they issued my SAR.

[ims21]

 

The two weeks I gave them to refund me is up on Tues 5th Aug.

Should I respond to let them know this is the case, or just wait and send LBA on the 5th as originally intended?

They say they are gathering the details but they have already done this surely when they issued my SAR.

 

If you're going to court it is you who control the timing, not them

 

Regards

 

ims

[gregorious77]

I will send a letter back stating the original timescale still stands.

Just wondered if it went to court could they complain I didnt give then enough time?

[ims21]

I will send a letter back stating the original timescale still stands.

 

No need to do that

Just wondered if it went to court could they complain I didnt give then enough time?

 

They will have had 14 days for prelim plus 14 days lba plus the time it takes to get into court. How much time do they want?

 

Regards

 

ims

[lewte]

Hi, Go get em Gregorious

 

.....Subbing

[gregorious77]

Going to write a LBA tomorrow at work and get it sent off, the 2 weeks is up Tuesday!!.

[gregorious77]

Cant find a LBA Template! can someone please link me to one.

Cheers

[ims21]

Hi

 

Its the same as your prelim.

 

Just head it "Letter Before Action"

 

And add a final paragraph to the effect that if payment is not received within 14 days you will be taking court action without further reference to them.

 

Regards

 

ims

[gregorious77]

They have received the LBA on 03/08/11 so they now have until 17/08/11 to give me what I am owed or we go to court!!

I am not too bothered if I have to as I have done the money claim thing before to Natwest and it is pretty straightforward.

[huggys boss]

Good luck with this Gregorious, subbing as we are about to embark on our own battle!

[gregorious77]

Well well well, received a letter this morning from Cap1, they are sure 100% I was not mis-sold PPI, they say when I phoned to activate my card I decided to take it out during that phone call and would not have been advised to etc. they also say I was entitled to have it and was insured ok.

they give the date of the phone call and say I would have received a copy of the PPI terms in the post after this call.

On the SAR they sent neither the phone call or the T&C for the PPI were included or even mentioned, they have enclosed a copy of the terms in this letter though.

The letter ends saying this is final and I can complain to the FOS if I want.

Have they broken the law by not supplying details of the telephone call and the T&C in my original SAR?

should I bother to write to tell them this or just include it in my evidence for the county court?

[gregorious77]

Just looked back through all the info they sent and my original application says decision is: refer, this is more likely the reason I had to phone to get them to accept the application.

As for information on the phone call there is none, all I have is a list of stuff and on the 27th it says "00001 card activated 27/05/2004 GDIGDA"

Should I now ask them for the telephone conversation recording and report them for non compliance?

[ims21]

Hi

 

So yo have their final decision regarding the ppi claim so now its for you to issue against them.

 

What I would do is write to them saying that they have now mentioned a date of a call but that there was no mention of this in your SAR docs. As this is included in under the umbrella of "personal data", you have duly noted that their SAR response was incompete and therefoe you feel they have breached the DPA and that you will be bringing this to the court's attention.

 

I know you have done this cout thing before but with Cap1 you should prepare, prepare and prepare again.

 

Regards

 

ims

[citizenB]

Well well well, received a letter this morning from Cap1, they are sure 100% I was not mis-sold PPI, they say when I phoned to activate my card I decided to take it out during that phone call and would not have been advised to etc. they also say I was entitled to have it and was insured ok.

they give the date of the phone call and say I would have received a copy of the PPI terms in the post after this call.

On the SAR they sent neither the phone call or the T&C for the PPI were included or even mentioned, they have enclosed a copy of the terms in this letter though.

The letter ends saying this is final and I can complain to the FOS if I want.

Have they broken the law by not supplying details of the telephone call and the T&C in my original SAR?

should I bother to write to tell them this or just include it in my evidence for the county court?

 

Ok, well they have mentioned the telephone conversation. They are adamant that you took out the PPI at that the time when you activated the card. Therefore, they must have a record of that telephone conversation for them to be so certain.

 

IMHO, if this is the case.. then they should be able to provide you with a record of that call/conversation.

 

If they cant, then they are unable to assert with any credability that the call took place.

 

Ask them for a copy of it and also copies of the PPI contract they say they DID send to you.

 

It seems to be standard practice for Capone to say that the PPI was taken out via a telephone call, when they are unable to prove via the original agreement that you did !

 

Almost certainly if they stick with their mantra of the telephone call, then you want evidence of it.. via their call logs/recording.. If they cannot / will not provide then I suggest a complaint to the ICO

 

 

HTH

[gregorious77]

Ok, well they have mentioned the telephone conversation. They are adamant that you took out the PPI at that the time when you activated the card. Therefore, they must have a record of that telephone conversation for them to be so certain.

 

IMHO, if this is the case.. then they should be able to provide you with a record of that call/conversation.

 

If they cant, then they are unable to assert with any credability that the call took place.

 

Ask them for a copy of it and also copies of the PPI contract they say they DID send to you.

 

It seems to be standard practice for Capone to say that the PPI was taken out via a telephone call, when they are unable to prove via the original agreement that you did !

 

Almost certainly if they stick with their mantra of the telephone call, then you want evidence of it.. via their call logs/recording.. If they cannot / will not provide then I suggest a complaint to the ICO

 

 

HTH

 

They have sent me a very poor/unreadable photocopy of the PPI terms and conditions with this latest refusal letter. There was no copy of it in the original SAR but there were copys of previous letters I had sent and they had sent back regarding a previous SAR for unfair charges.

I think they have tried to ignore this because last time I sent a LBA for my unfair charges I did not take action due to it being when everything was frozen pending the test case for charges.

They probably think I will just drop this case too but I am not going to do that.

I will write a letter asking them to comply with the original SAR and send all other information with regards to telephone recordings etc.

I have noticed that on some of the screen dumps there are windows for notes but these have not been expanded so I cannot read all of the comments only the last 1 1/2 of the potential list.

I would like to hear this phone conversation as I believe they made me take PPI to get the card hence the refer remark on the file, I didnt have it on the 2 cards I had before this one ( I took this one for credit transfer) because I always tick NO.

[gregorious77]

How does this sound? My writing skills are not that great!

 

"I am writing in response to your letter dated 11/08/11 in which you stated that I purchased PPI during a telephone conversation on 27/05/04. I do not have any reference to this conversation in the data supplied by Capital One in the subject data request dated 05/07/11. If you have data regarding this telephone conversation where you say I purchased PPI from you then you have breached the data protection act 1998 by withholding this personal data from the subject access request and I will be bringing this non compliance to the courts attention.

I request that you send me any evidence of telephone recordings that you have and a copy of the PPI contact sent at the time.

If you cannot or will not supply this evidence then you are unable to assert with any credibility that this call took place."

[citizenB]

How does this sound? My writing skills are not that great!

 

"I am writing in response to your letter dated 11/08/11 in which you stated that I purchased PPI during a telephone conversation on 27/05/04. I do not have any reference to this conversation in the data supplied by Capital One in the subject data request dated 05/07/11. If you have data regarding this telephone conversation where you say I purchased PPI from you then you have breached the data protection act 1998 by withholding this personal data from the subject access request and I will be bringing this non compliance to the courts attention.

I request that you send me any evidence of telephone recordings that you have and a copy of the PPI contact sent at the time.

If you cannot or will not supply this evidence then you are unable to assert with any credibility that this call took place."

 

How about the following...

 

 

 

Dear Sir or Madam (or a named person if there is one)

 

I am in receipt of your letter dated XX August 2011, wherein you refuse to uphold my claim for mis sold PPI.

 

Your refusal is based on your assertion that I took this product out by way of a telephone call on ( DATE).

 

I deny this claim and ask you to provide proof by way of either transcript or recording of that telephone conversation.

 

No record of this call was provided to me in respect of a recent Subject Access request. If you are now claiming that either a transcript or recording is available and you failed to provide it, then you are in non compliance in respect of my SAR and I would now request that you provide either, by way of return post.

 

If you are either unwilling or unable to provide the above, then I would suggest you are unable to assert with any credibility that the call even took place and I will continue my claim.

 

I look forward to your response in (7 or 14 days)

 

Yours etc..

 

HTH..

[citizenB]

What on earth did you halt your claim for charges for.. it wasnt subject to the OFT/Banks claim in respect of unfair charges.. that was for Current accounts only ? If you have charges... reclaim them.

[gregorious77]

That sounds good to me.

I will scan the leter they sent me later and upload it, its a load of tosh.

He says after a full review of my account he can confirm the following:

Then 3 points all a large paragraph, which are actually all just 1 point really just worded differently.

[gregorious77]

Here is there letter it seems like a cut and paste letter to me. all 3 points repeat the same info and say' I am confident we would have' etc when the beginning says I did buy it on the phone.

Edited August 17, 2011 by gregorious77