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Victory at last against Cap One


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Just had a letter from FOS upholding my claim against Capital One,

it was rejected twice by Cap one, saying I had ticked the box therefore I knew what I was buying....

 

But I work in the public sector with an excellent sick pay scheme, and did 10 years ago when I took out the card.

 

Should be an interesting pay-out, a 2000 limit that over such a long time :oops:

 

So don't be put off just keep at them :-D:-D:-D:-D

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Oh this is excellent news indeed. Capital One are indeed hard nuts to crack where PPI is concerned so it is good to hear that the FOS have upheld your claim.

 

Thanks for the update.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Well done! It just goes to show that persistence and tenacity pay off. I got all of my ppi refunded in full (you can see my threads on here). This included a pretty 2000 account with Scabby Abbey. They really sent me around the houses from Abbey, to MBNA (who took over Abbey credit cards), to Lowlife Lowells. Abbey even put in writing that it was too late to contact the FOS.

 

FOS made them pay in full, with interest and compensation, and Abbey apologised for their "oversight". Yeah!

 

So again, well done and let this be an inspiration to any forum readers being fleeced by their robing, lying back or DCA.

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Speaking from experience of claiming against Crap One, I am fully aware how tough they are to crack and I am delighted that your claim has been supported by FOS.

Just curious, what rate of interest will FOS grant you in these circumstances and what rate of interest did you originally claim from Crap One?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Thanks alisindebt, I am glad you managed to get even with Abbey bank but I was curious with Pa38's claim with Capital One :) being in similar circumstances.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Interest was 8%, compensation was an additional £150.

 

cards should be at their int rate

or was that already inc if the payments were taken from the lists from the statements?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Perhaps I didn't explain fully; the card rate was taken into account, just like in the spreadsheet, then the 8% was added, just like the County Court, then £150 for compensation. The figures were agreed with the FOS and imposed on Abbey. The reason for the compensation is that Abbey had put in writing to me that I could not go to the FOS. When they paid me the money, they included a rather unapologetic letter saying "due to an oversight, etc."

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good well done

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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have popped a link to this in the ppi successes thread?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

It has taken two years to win because Cap one appealed to FOS after they originally found in my favour, but FOS found in my favour again.

 

 

The account goes back 14 years and is still active with a £4 credit balance, It would have been about £700 balance for about 10 of those years from the beginning.

 

 

So not having statements I am just waiting to see what it brings, it must be interesting or I assume they wouldn't have appealed.

 

 

But just shows no matter how long it takes never give up.......

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It has taken two years to win because Cap one appealed to FOS after they originally found in my favour, but FOS found in my favour again.

 

 

The account goes back 14 years and is still active with a £4 credit balance, It would have been about £700 balance for about 10 of those years from the beginning.

 

 

So not having statements I am just waiting to see what it brings, it must be interesting or I assume they wouldn't have appealed.

 

 

But just shows no matter how long it takes never give up.......

 

And it should include any unfair charges which may have been applied :)

Perhaps you'll let us know the outcome?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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  • 4 weeks later...

I wonder if someone can cast their eye over this as to me it doesn't make sense.

 

I hope the attachment works but the account goes back to 2000,

 

 

the credit limit wasn't very high,

 

 

but I cant understand why they offered me interest at 8% of £198.44,

but only £133.26 associated interest as they call it,

 

 

the premiums refunded where £191.79.

 

I thought the interest was compound and at 30 something percent similar to what they charge so it just doesn't add up...

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Your image needs to be converted to pdf format for us to read it more clearly :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi

 

The age of the account and the credit limit are not directly linked to the amount of redress for PPI on a credit card. It is the behaviour of the account which is the important factor.

 

The redress figure should comprise the following...

 

1 -> All premiums charged to the account

 

2 -> Any contractual interest charged to the account as a result of those premiums.

 

3 -> The account should be reconstructed with the above removed. If the reconstruction shows that for any month the account would have been in credit then 8% simple interest is awarded on that credit balance for that month.

 

4 -> If the account was paid off and closed there will be a difference between the amount actually paid off and the final balance on the reconstruction. 8% simple will be paid on that difference running from the date of the payment to the date of settlement of the claim.

 

5 -> Any redress offer should also contain a refund of any charges which were charged to the account which were triggered by the above, together with any contractual interest on them plus any 8% simple on an increased credit balance as described above plus any 8% on the reconstructed balance difference too.

 

It will be impossible for anyone to tell you whether their offer is right or wrong unless they have access to ALL of the statements.

 

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With contractual interest and statutory interest it is really one or the other depending on the card balance at the time. If contractual interest was charged at 30% then that should be refunded. However, if you paid the balance in full most months then little contractual interest would have been charged. In those circumstances you would get FOS interest instead as you would have had a credit balance without the PPI. Most offers contain some element of each. As per the above, without full statement details it's difficukt to advise any further.

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With contractual interest and statutory interest it is really one or the other depending on the card balance at the time. If contractual interest was charged at 30% then that should be refunded. However, if you paid the balance in full most months then little contractual interest would have been charged. In those circumstances you would get FOS interest instead as you would have had a credit balance without the PPI. Most offers contain some element of each. As per the above, without full statement details it's difficult to advise any further.

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