Ro v CAPITAL ONE

[ro284]

Such knowlegdge from ones so young, i am truly gratefull, i have been trying to be realistic today, and face facts. Something i do know is, that we have paid huge amounts in PPI plus fees and interest to once respected firms, and many of them, i do hope to claim these back of course, but the harsh reality is i will not live long enough to pay all my loans mortgage off, the rest of my life will be spent worrying about things i cannot change,and battling for my stolen money! sorry for sad story, but this is how it is, Where i went wrong was to choose to be S/E as a qualified electrician, i can no longer do that now, i have to try and earn money, i build conservatories / decorating instead, but customers no longer have the money. we have worked all our lives to keep our lovely home. which we had dreamed of paying off one day, no chance! i firmly believe we would have been in a more stable position, had we not been ripped off by said greedy once respected firms! i must admit i had wondered how i was allowed to obtain the funds i did. was it a trap? is there a thread regarding irresponsible lending? sorry gloomy! regards Ro

[ims21]

Hi ro

 

Sorry to hear of your position...it must be hard for you.

 

But take heart that you can start to get even with these institutions by claiming back as much as you can.

 

If you have the stamina for it, then so does CAG and all of the members here.

 

We will support you and give all assistance you need so don't worry on that front.

 

As regards irresponsible lending, there are threads on here but I don't have a log of them myself. Maybe use of the site search facility would bring something up for you to look at.

 

Best wishes

 

ims

[Desperate Daniella]

Oh, I wish ....

 

I am so sorry you are having a down day, Ro. We've all been there.

 

People still need builders/decorators/electricians. You should contact everyone you have ever met and ask them to pass on your details to everyone they know by email. Someone out there (more than one person I'm sure) will need your expertise.

 

The rest of your life shouldn't be worrying about all this, so let's see what we can do to help to resolve some issues for you.

 

PPI refund may or may not be a battle. Some companies fight less than others. Start the ball rolling on those refunds.

 

I don't know too much about irresponsible lending but I have read that it can be a very effective defence.

 

Start your MBNA/Abbey thread and post the link here. I believe someone was using irresponsible lending as a defence there.

 

The most important thing is that you pay the mortgage. Don't ever, ever, ever make a loan or credit card payment which means you can't pay the mortgage.

 

As ims says, if you have the stamina then CAGgers do too.

 

Hang in there.

 

DDxx

[ro284]

Thanks for replies, i have today recvieved a reply to my SAR request, they write the following, =You requested copies of the executed credit agreement and a statement of your account under section78 of the consumer credit act 1974.as you may be aware , you brought your balance to zero with a final payment in monthxxx and we completed closure of the account on your request in 2002,Where there is no sum which is. or will, or may become payable under the credit agreement, then the obligation to provide documentation under section 78 of the Consumer Credit Act 1974 does not apply. therfore we have no obligation to provide you with a copy of the documents that you have requested. in regards to your request for information relating to PPI, i can confirm that under Data prootection act 1998 we are not obliged to send documents which do not contain any customers data.they did not include statements only lists.! however i do have some original statements from that time!they do nor realise this,there were also several computer prinouts (very small) which appear to be only relavent to them! also on one print out it reads PPI required YES, PPI2 required YES. yet it states on the agreement that i am S/E.they add if you wish to make a complaint, regarding PPI you must contact us seperately, setting out the reason for your compaint. however if PPI was added to the above account, your client was provided with all relavant details of the PPI policy including the t & c. details, any details paid can be found on the statements enclosed, there was only the final statement enclosed showing amount of 3 pence!! on a requirements form it states PPI cost 73. To be honest there are not many statements missing, as we paid this off early, the point of doing this account is to see how to proceed in readyness for much larger accounts,Any advice or thoughts please, regards Ro (apologies for block posting, i included spaces etc. but the result is still a block!)

[ims21]

Hi ro

 

This reply is in rspect of a CCA request....are you sure you sent them a Subject Access Request (SAR) and not a CCA request?

 

You say you paid this off early...are we still talking about the Cap1 credit card?

 

ims

[ro284]

Hi ims, Thankyou, i sent SAR, using hellhathnofury's template letter, and they state in their letter, 'regarding the SAR', And yes this is a Capital one Credit Card, which we closed early,Regards Ro

[ims21]

Hi

 

Not familiar with that template.

 

You need to write back to them tellng them that they have not complied with your SAR and that they appear to have rsponded to a CCA request which is not what you had asked for.

 

Tell them that 40 days is still running and you expect to receive a full reply as required by the DPA within the permitted time.

 

Have they cashed your £10 payment?

 

ims

[ro284]

Thanks ims, should i send you a copy of the SAR template i used? or post up here? i don't know if they have cashed the Postal order as yet.they do not mention this one way or other.Ro

[ims21]

Hi

 

Yeah you can post the link here of you wish.

 

You can check whether they have cashed your PO on line at the post office site

 

ims

[ro284]

Sotty ims,

cant find the link!

also have never tracked a P/O.

 

will phone them monday.

 

SAR letter==

 

I understand that you currently hold details of my personal and financial information within your internal record systems, with regard to personal loan accounts,

And or credit cards,

 

Please supply me with a complete list of transaction and charges, relating to my history with your organization, INCLUDING Loans and or credit cards,

payment protection insurance, or any other insurance protection plan, and other products.

 

Alternatively a complete set of statements for the accounts or associated accounts is acceptable.

 

I would be grateful if you would provide the following for ALL accounts or associated accounts,

I have held with your organization:= Full copies of all contracts which you believe exist, or have existed between myself and your organization,

including TRUE copies of any documents you hold in support of the same.

= A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit cards with your organization.

= Copies of all documents which include any of my personal information, including copies of any contacts or invoices,

emails or computer records containing my personal information, or any records which pertain to this information.

= Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual,

organization or third party which contains my personal or financial, or which pertains to me.

= Where any previous information or records held have been deleted or disposed of,

the methods used to do so, including dates, certificates or references confirming details of destruction.

Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company,

confirming the dates and methods of destruction of this data.

= Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives,

backups or other storage devices / locations.

 

I enclose a Postal order for the sum of £10 to cover your fee.

 

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION

RESPONSIBLE FOR DATA PROTECTION. SHOULD YOU EXPERIENCE A PROBLEM FULFILLING MY REQUEST,

I EXPECT YOU TO CONTACT ME (IN WRITING) WITHOUT THE RETURN OF MY PAYMENT.

 

I look forward to hearing from you in the first instance of receipt. Ro

[ims21]

Hi

 

Letter looks ok....looks like they have sent a mistaken reply then.

 

ims

[ro284]

Yes how strange! I would like to go with your reply =32 would there be a template letter for this? or can i basically say as you wrote,I am glad you feel the SAR letter is ok, i have just posted a reply to my other post after reciving mail regarding Barclaycard which is one of the big ones, and need to SAR them next, Regards and thanks Ro

[ims21]

Yes how strange! I would like to go with your reply =32 would there be a template letter for this? or can i basically say as you wrote,I am glad you feel the SAR letter is ok, i have just posted a reply to my other post after reciving mail regarding Barclaycard which is one of the big ones, and need to SAR them next, Regards and thanks Ro

 

Hi

 

There won't be a template for that....it will have to be in your own words just informing them of their mistake and that you look forward to receiving a proper response.

 

ims

[ro284]

Ok i have written the letter, In their letter to me, they state that they include a set of my account statements covering the past 6 years, there are no statements, would this be because of the account being dated 02, therefore should i ask for account statements in restitution.or am i misunderstanding this term, Ro

[ims21]

Hi

 

Lets hold on 'cos now I'm confused.

 

They have written to you apparently talking about a S77/78 request and have also mentioned enclosing statements for the last six years which would normally be in response to a SAR.

 

Hold fire on your reminder letter for the mo.

 

Can you post up the letter you have received from them MINUS ALL PERSONAL INFORMATION, BARCODES ETC?

 

ima

[BRIGADIER2JCS]

I to have read this over and have lost the

''thread'' as you might say,it would help

to see the documents.

[ro284]

Sorry for the confusion ims, will leave reminder letter for now, and will copy the info i recieved, but this will take a while as need to upgrade printer software, thankyou for your patience, Ro

[ims21]

No worries ro.....best for us to have all the info to give you an informed opinion.

 

Regards

 

ims

[ro284]

Apologies in advance! Long post, all new to me!

first one1.pdf

Doc23.pdf

Doc24.pdf

[ro284]

The above is the letter they sent,i have never done pdf before!i realise i could have done one pdf for the above letter there are 3 more to come but cannot do this for some reason, The following is what they refer to as statements! once again any advice pleaseregards Ro

[ims21]

Hi ro

 

Thanks for those....I am off to work now but we will be on-line early evening.

 

You say you have some original statements from that time so that should be good enough for us to start working out the CAP1 claim.

 

I'll comment more when I get back this evening

 

Regards

 

ims

[ro284]

one more to follow!

Doc16.pdf

Doc13.pdf

[ro284]

The Statement is one of several that i already have, but to my mind this is the only true statement. the other info is what i had through the post in reply to the SAR! all a mystery to me. Thankyou ims

Doc133.pdf

Doc333.pdf

[ro284]

Hi guys, could someone review my thread please, i need to know if my thoughts that what i recieved in responce to the SAR. are not what i should have recieved,Many thanks Ro

[ims21]

Hi ro

 

Right, they have sent you a load of stuff with your SAR which is not really relevant to our claim calculations but is stuff that is relevant to a SAR in general.

 

As this account was closed in 2002 according to their letter it is very unlikely that you will get the agreement.

 

All is not lost though because you said in an earlier post that you have a good many of your original account statements, although you did say they were in a mess. Javer you dug them out and sorted them into date order? If not you need to do so since it is from these that we can start work on your claim.

 

Regards

 

ims