Me vs. Capital One Bank (Credit Card)

[drcarlos]

SAR done and received.

 

Sent the standard letter and got the response that it would be investigated.

 

Have now received the standard brush off letter saying that it was sold to me during a telephone conversation on 4/4/2002, which it wasn't it was a standard mailshot, but this was missing from the SAR, also the document received with the SAR is a signed credit agreement on the 9/9/2002 with no PPI T's and C's.

I had been signed off this very year for illness, stress releated anxiety, so would have been excluded from PPI claims due to this reason.

At the end they say they have concluded their investigation and that they have concluded that they are not at fault.

I guess this is the standard brush off letter, but they have not included the original filled in form, but have included copies of where the data is entered on to a computer screen.

Now you can tell that this was entered from a mail shot form as there are various fields left blank or saying 'unanswered' where if an operator who was speaking to me would have completed these. Should this form a part of my argument agains't them?

Now I'm not sure what my next step should be, is another letter is in order disputing their findings, and as they have not sent the questionaire as yet, which I believed that they were legally obliged to do should I also point this out?

Or should I forget them and go straight to the ombudsman with a complaint?

 

Carl.

[rebel11]

Hi dr

 

I would send another letter unless they state it is their final answer and state that you should contact the FOS. It does sound like they are wriggling out of their obligations.

[ims21]

Hi drcarlos

 

Like what rebel said unless you want to skip fos and go via court instead.....there are pros and cons for each of the two approaches.

 

Regards

 

ims

[drcarlos]

I will go with a letter to them to explain that they have made an error and copy the information that I have from the SAR and use that as evidence. Will also state that at no time was anything asked of me about any previous medical conditions.

Should I also state the fact that 'As Capital One have already been found guilty of mis-selling PPI and been fined by the FSA that should this matter go to court a precident has been set and they WILL lose'?

 

Carl.

[ims21]

Hi

 

Hold on a mo dr. You mentioned a questionnaire.....did you send one to Cap1 with your original claim? If not I'd do one this time as it closes an "excuse" door for Cap1.

 

The appropriate questionnaire is available from the fos website.

 

Have you done a schedule of claim, i.e a spreadsheet showing the amount you are claiming back?

 

When you write to them I wouldn't be so strong on the "you WILL lose"....that is an unknown at this time. You could just say that you are aware of their FSA fine for mis-selling and that you hope they will settle your claim without the need for further action.

 

That approach is a bit softer but lets them know that you know.

 

Regards

 

ims

[drcarlos]

Good point, I have got a copy of the questionaire ready to go but didn't send it on the first letter. On my other claim Barclaycard played ball and sent out a questionaire to be filled in and was expecting CPOne to send one, they didn't but I will send a completed one in.

Maybe the subtle turning of the screw is better than the all out assault as far as the FSA descision goes, I just wanted them to know that I knew that they had already been fined and I wasn't going to let them off lightly.

 

Carl.

[ims21]

Excellent

 

I just think that softly softly is sometimes a good approach because in some cases they back themselves into a corner.

 

Regards

 

ims

[drcarlos]

Just wondered about their blatant lie where they had said I'd applied over the phone and I would have been read T's and C's at that time.

 

1. I never buy anything over the phone.

2. I remember applying via a pre-approved mailshot.

3. The printout in the SAR show fields left incomplete or filled in question unanswered, these questions would have been asked during a telephone application and point to this being a pre-approved leaflet application.

4. Conveinently there is no scanned copy of this form in the SAR, but this was definiitely the method of application.

5. I had been signed off with Anxiety and Stress that year and at no time was I asked about pre-existing medical conditions, there certainly wasn't anything on the form.

 

These are the facts, could I challenge them to produce the voice transscript of the supposed call to prove that the terms were read to me? Obviously this won't exist but what is the ombudsman likely to make of this?

Also say my memory has failed me (****ed off as they are even making me doubt myself now) and they miraculously produce a tape, surely when the PPi question was asked they would be legally obligated to ask about pre-existing medical conditions?

 

Carl.

[ims21]

Hi

 

How was your SAR worded? Did it include reference to transcripts of calls?

 

Regards

 

ims

[drcarlos]

Nope, no transcript of calls just screen dumps from their computer system.

 

The only thing I can see is a list of actions on the system and something saying 'tele-app letter 1 produced' on the 4/9/2002, followed by 'CAAP Populated' 12 days later. This would have been about the time it would have taken to have received a pre-approved form completed it and sent it back.

I would so like to know how this organisation worked, seems very smoke and mirrors.

I remain adamant that applied via a pre-approved form.

It strikes me that if they already had my name and address (as they obviously purchased lists of them) they could have generated the initial form (the one where they say I applied on the 4/9) sent it to me as 'pre-approved' then the 'CAAP populated' action was to fill in the stuff I sent back.

 

Carl.

[ims21]

Hi

 

Your point sounds valid to me. "A tele-app letter 1" sounds to me like one of those standard letters they send out with pre-approval and you can either send back with some boxes completed or phone the number for "priority approval". In any event, if push came to shove you would tell the fos that they couldn't/didn't provide a transcript under your SAR.

 

To my mind this means that no such call took place or they are in breach of the DPA by not providing it.

 

I'd put in your claim as normal and worry about this telephone thing later. Just be adamant in your claim as to how you applied i.e. postal app and your other reasons for mis-selling and get the claim in to get the ball rolling.

 

Regards

 

ims

[drcarlos]

Thanks for the sanity check, I should have learned after my section 75 claim with Barclaycard that they try and make you lose confidence in yourself.

 

Carl.

[ims21]

[drcarlos]

Apparently the last letter was a final response (it did not say this) anyway they have reconsidered and have basically stuck two fingers up, well why should they just pay? Anyway off on my hols for a couple of weeks and i'll write my complaint to the Ombudsman when I get home.

On a side note Barlcaycard have written to me to say they are still collecting information and don't have an update. At least they are taking their time before they reject me!

 

Carl.

[ims21]

Have a good rest drcarlos

 

Regards

 

ims