Re-claiming all my charges and PPI from Capital one-next move please

[wakeywakey]

I have decided to try and get back all my £12 charges from Cap1 along with a small amount of PPI that I never needed.

 

I have already received all the info back from them, and I sent off my separate claims letters 3 weeks ago, one for £550 of charges and another for £150 PPI.

 

How long before I escalate this claim and what would be the best way forward, FSO or court?

[ims21]

Charges claims and PPI claims are separate things.

 

For the PPI they will have 8 weeks to investigate and give you a decision before you can pass it to fos. Did you do a spreadsheet and fos questionnaire?

 

For the Charges claim you should have done a spreadsheet and sent a preliminary letter giving them 14 days. With charges claims you control the time-line and it is likely that you will need to issue on court to get those charges back

[wakeywakey]

Charges claims and PPI claims are separate things.

 

For the PPI they will have 8 weeks to investigate and give you a decision before you can pass it to fos. Did you do a spreadsheet and fos questionnaire?

 

 

Didn't do the fos questionnaire as I thought that was after rejection, should I have sent that with the letter then?

[ims21]

Yes...the fos questionnaire goes to the lender with a brief letter of claim and (ideally) a spreadsheet showing what you are aiming for in terms of refund.

Edited April 13, 2012 by ims21
spelling

[wakeywakey]

Oh, should I send one now or is it too late?

 

Is there anywhere that explains the whole procedure from start to finsih.

I have looked but it's all a bit confusing!

[ims21]

I would at least send a fos questionnaire bu in you rletter submitting it make sure you reference your previus letter so they don't think its a new claim.

 

Process for claiming...

 

PPI

 

fos Questionnaire + Spreadsheet + Brief covering letter to lender.

 

They have 8 weeks to investigate and give decision.

 

If the uphold - great

 

If they don't uphold continue to press or pass to fos

 

CHARGES

 

Spreadsheet of claim and preliminary letter go to lender giving, say, 14 days to cough.

 

If they don't then send "Letter Before Action"

 

If they don't cough then issue in court.

 

 

It's all here in the bank and PPI forums and it is a big place so a lot of reading will be needed

[wakeywakey]

OK, thank you very much for your help.

 

Just one quick question.

You do mean sending the FOS questionairre to the lender and not to FOS don't you?

Why do we send to lender and not FOS?

 

That's what's confusing me I think!

Edited April 13, 2012 by wakeywakey
Thought another question

[wakeywakey]

They wrote back today saying all charges were fair and that they would robustly defend any claims.

 

I read on here somewhere a thread where someone gets a roasting off the judge for taking these guys on.

 

Should I really sue them or take the FOS route?

[ims21]

OK, thank you very much for your help.

 

Just one quick question.

You do mean sending the FOS questionairre to the lender and not to FOS don't you?

Why do we send to lender and not FOS?

 

That's what's confusing me I think!

 

Fos questionnaire goes to the lender because it outlines your complaint against them and they must be given a chance to investigate under FSA rules

 

They wrote back today saying all charges were fair and that they would robustly defend any claims.

 

I read on here somewhere a thread where someone gets a roasting off the judge for taking these guys on.

 

Should I really sue them or take the FOS route?

 

Very, very, very unlikely that fos will find in your favour on a charges reclaim because they don't take into account legalities. The courts do.

 

The charges claim is all about the charges being unlawful and that because they do not represent a true reflection of the actual cost/loss to the lender then they are a penalty and thus unlawful.

 

Very easy to pick a case that failed but have you seen all the ones that have succeeded?

 

Your call of course but you won't get Cap1 to cave in without court.

 

AS we always say, preparation is paramount.

 

ims

[wakeywakey]

Re: PPI, they have written back to me saying no refund.

What is my next move as I already sent the FOS questinaire to Capital one.

 

Do i need to do it all again and send to FOS?

[ims21]

What were Cap1's reason for not upholding your complaint?

 

Did they say you agreed to it on the phone?

[wakeywakey]

No, my application was via the internet and I apparently ticked the box saying I wanted PPI.

I have no recollection of this and I can't believe I would tick a box saying I wanted PPI!

Edited June 12, 2012 by wakeywakey
Miissed sentance out.

[ims21]

Some of the on-line applications had pre-ticked boxes.

 

You can write back to them and dispute their findings. Ask them for evidence that you selected the PPI and that it wasn't a pre-ticked box.

[wakeywakey]

Their letter said final decision.

Can't see them changing their mind can you?

[ims21]

If you don't want to challenge them then you don't have to. You can go to fos if you wish.

 

There are cases on here where lenders have changed their approach when challenged.

[wakeywakey]

This is what's confusing me.

I sent the FOS questionairre in with the original complaint.

What happens to that now?

Do I have to do another and send it to FOS?

[ims21]

You send copies of everything to and from the lender to fos i.e a copy of the original questionnaire and any letters and notes that you have about the matter.

 

Alternatively you challenge the lender yourself.

[wakeywakey]

Can anyone who has taken Capital one to court over unfair charges, let us know what their stance has been.

 

Seems they have now started to defend ALL cases, and they DO turn up at court.

 

I think all of us chasing them for these charges should be made aware of this, as I don't think it is very obvious reading the forum as a whole.

Not saying, not to chase them, but you must be prepared to go to court for your money back.

[ken100464]

Think you will find all banks are defending now. Could be due to the OFT ruling being 6 years old now so they are no longer defending the big charges.

 

Totally agree with you that forums maybe using historic wins which isnt what is happening now. Have been knocked back by all the banks I have tried. My only option if I so choose it now is to use the courts.

 

And that isnt what you are led to believe when you first start

[ims21]

Whatever bank it is there is no certainty in any of this.

 

If you have a read around the forums there are both wins and losses.

 

To stand the best chance of success the advice would be to prepare, prepare and prepare again.

 

Also know your stuff about the limitations act and interest in restitution if that is what you are claiming.

 

You also need to understand why these charges are unlawful and why they are a penalty.

 

The hurdle then is to be able to potentially do battle with a barrister.

 

There is always the "Judge Lottery" to contend with too.

 

Do not be led into thinking that reclaiming via the courts is an easy thing......it can be but be prepared for a proper legal fight.

[wakeywakey]

Well, I went down the Ombudsman route, and had the obvious NO reply.

I still don't understand how they can charge me twice for one mishap, once for default and one for over the limit, so 2 x £12 and the ombudsman says that is fair, yet it says it's not fair if they charge over £12.

 

I'm not confident enough to take on a judge so I've given up!

[wakeywakey]

The FOS wrote today upholding my complaint.

I suppose they will now appeal just to delay things?