Cap One PPI - What to do next?

[G&J]

scan a copy up, minus personal details, cap i get a CCA1974 right??? miracles do happen??? 2000?

 

They do try to argue PPI

 

You want me to scan it for the forum? Enlightem me regarding the "CCA1974 right??? "

 

Hmm.. So this is looking good me me eh? Can't believe it!

[Old Cogger]

Consumer Credit Agreement 1974 is your contract between you and a Supplier (Credit Card Company in this case), alot of pre2006-7 agreements did not conform to legislation, i.e. contain the contents required to make the contract.

 

Just a thought, so if you scan your copy up peeps may be able to see if it conforms to legislation.

[Old Cogger]

But as DX says get a PPI reclaim in.

Edited July 31, 2012 by Old Cogger

[G&J]

Thanks for the info... It's all new and confusing to me (at the moment)

 

Does the PPI only cover the erm... PPI? and charges are done seperatley? and IF my agreemnt does not conform what then?

 

Anyway.. I will start the PPI and attempt to attach the scan now.

[G&J]

Sorry.. made a mess of that. Any advice to get it full page?

[Old Cogger]

PPI/charges should see the end of the Debt so concentrate on that for now, charges would be dealt with seperatly,

[ims21]

Sorry.. made a mess of that. Any advice to get it full page?

 

Use this method

 

Dx100 – Instructions on uploading pdfs

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[G&J]

So, here I am awaiting my SAR results from Capital One on day 43 and the Post Man delivers my letter from said prat's.

 

Rather than the heaftly package I expected, I get a one page letter LOL

 

From: Liam Quegan

 

Thank you for your recent letter which has been passed to me as I deal with requests under the Data Protection Act 1998.

 

Unfortunately I am unable to review your request as the signature you provided us with does not match our records.

 

In order to provide you with the requested information please write to me again together with a copy of your signature (this could be a driving licence or passport)

 

I am sure you understand that we need to do this to protect the security of your account.

 

We acknowledge a receipt of £10.00 fee required by the Data Protection Act 1998.

 

Please note that the 40 day time limit to provide you with the Subject access request does not start to run until we receive the correct documentation.

 

--------------------------------------------------------------------------

 

Can they actually do this? I signed the SAR but deliberatly used a different style of signature. Also can they make me wait another 40 days?

 

What to do??????

[citizenB]

The information Commissioner say quite specifically that if they require further information, they are to request it "promptly" ... not that they wait for 43 days and then say they cant deal with it.

 

Have you been in contact with Capone say in the last 12 months ? If so, then having communicated with you they have no need to to establish who you are.

[dx100uk]

have you moved since you last used it?

 

seems strange

they are going on a sig mis match.

 

BTW you dont need to munge an SAR sig.

 

dx

[BRIGADIER2JCS]

What on earth is the point of providing a false signature on a lawful request for information it's entirely pointless!!

What do you believe they are going to do with the correct signature?

The bank are totally correct in their actions so comply with the request for your proper signature, they may or may not make you wait a further 40 days from the receipt of the correct information.!

[dx100uk]

two thread merged

 

please keep to one thread per debt/reclaim

 

dx

[BRIGADIER2JCS]

I have taken a look at the ICOs Instructions for making a SAR every template contains at the end (signature)

[G&J]

Ok ok.... my stupid fault. I'll reply with correct signature!

 

Q: Brigadier - What do you believe they are going to do with the correct signature?

A: I don't trust that lot one inch...

 

Q: dx100uk - two thread merged

 

please keep to one thread per debt/reclaim

 

A: It was not me... I made a seperate new post!

 

Yest I have been in contact with them in the last few months and they did not need my signature when I got all the other details from them!

 

So with my *ss spanked I'll resend the SAR letter with signature.

 

Thanks

[BRIGADIER2JCS]

A SAR is a lawful request made under an act pf Parliament.

 

As to your comment about trust it seems to be mutual:lol:

[Old Cogger]

could use this:-

ANTI TAMPER.doc

[G&J]

Thanks for that MIKE770

[G&J]

We SAR'ed Cap One and waited 45 days to get a reply stating my signature did not match their records (my fault)

 

Sent a new SAR with correct signature.. I stated in a letter that they should not have waited so long to point the signature problem out Etc. and expected a reply (SAR details within 7 days)

 

Ok, no 42 days have passed on my second attempt with no reply so far.

 

They have been charging PPI since 2000 when I have proof from them I did NOT tick the box for PPI.

 

I am sure the next letter will state "We are snowed under and need 10 weeks" I just know it lol.

 

So, do I have any poweres or do I just wait and sit it out?

[dx100uk]

failure to comply letter and threaten them with the ICO

 

dx

[G&J]

Thank you for the pointer's... What do I put in the 'failue to comply' letter? is there a template available.... and how do I 'threaten' with a ICO ?

 

Sorry to be such a newbie!

[dx100uk]

failure to comply letter is in the green library tab top left

 

information commissioners office

 

they regulate infomatation.

 

dont forget our search top right.

 

too

 

dx

[G&J]

Hi, just an update...

I am really getting fed up with this bunch.

 

I sent the "failure to comply letter" the other day 8/11/12 using the template and stating I want my SAR within 7 days.... I should have saved my time!

 

Today I received a one page letter from a Mr ...... (who also sent the previous letter)

which appears to be a standard letter sent to anyone who applies for a SAR

but failed to include the £10.00 fee. It's taken them 42+ days to send me that.

 

40+ days ago his last letter stated that they could not proceed because my signature did not match their records

BUT they acknowledged the receipt of my £10.00 fee.

 

24 September

"In order for us to provide you with the requested information, please write to me again together with a copy of your signature or a copy of documents showing your signature"

"We acknowlege a receipt of the £10.00 fee required by the Data Protection Act 1998"

"Please note that the 40 day time limit does not start until we receive the corect doccumentation"

 

Everything was re-sent excluding any further payment.

 

Today:

All the usual standard waffle and...

"Please note that the 40 day time limit does not start to run until we receive the fee"

 

So... 80+ days down this sorry road and I am NO FURTHER than step one!

I am beginning to see why many opt for the solicitors.

I bet Capital One does not mess with them so easily.

 

I wish I could phone them (or better still call in) either they ARE incompetent or they are using every stall tactic they can dream up...

. In which case meybe I should let an agent take over?

 

What would you do? This is just dragging on and on, and then there will be the PPI claim.

 

Help!

[Bombaymix]

I'd stronly advise NOT to let an agent (claims company) take over. You've started this footwork, it'd be such a shame to appoint a claims company at this stage and lose 20/30% of any money you could potentially win!

 

I understand your frustration as I had the same bs stalling tactics with Sharkleycard (sar sent the day after Boxing day last year and all my docs eventually arrived mid May this year!)

 

I'm not sure that they can restart the 40 day clock again. Hopefully one of the SAR experts will be along shortly to advise further.

 

Good luck... Please, stay away from the claims company. I'm sure this stalling tactic would have still been used if you'd have originally gone through a claims company.

 

Be sure to put a line through your signature just in case it is their intention to lift it and paste it onto documentation!

[G&J]

Yeah... Thanks. It's just so anoying when these people can play with us like they do.

 

My signature was done on the anti tamper image so we will see lol

Edited November 10, 2012 by dx100uk
please refrain from vailed swearing - dx

[ken100464]

Had the same problem with my Cap One card.

 

I didnt hang around but wrote to CEO. (Google him) stating what has happened so far and if you dont get your SAR in x days you will be writing to the ICO.

 

Got mine within a week. They never indicated that they were at fault but hey ho they never are.