Helping sister with Capital One PPI claim.

[Hurley31]

Hello all.

 

I've just found this forum and have been reading through some of the very helpful guides regarding PPI.

 

I am currently in the process of helping my sister with a PPI claim against Capital One.

We've never done this sort of thing before so do have a few questions we were hoping you could help with.

 

Initially we contacted Capital One to ask if she had PPI.

They emailed back and said yes.

 

I then sent off a SAR to see what information they hold on her as we're not sure if she was mis-sold, so are trying to establish a few facts.

They responded with a pack that contained loads of statements, memos etc.

I don't think it included everything I asked for,

they said to ask again for specifics (like which telephone call exactly) and they will provide them.

 

In the statements it shows PPI,

there is also a signed copy of the CCA which indicates my sister asked for PPI.

 

She is a bit suspicious of this but that is neither here nor there,

the fact is it's signed and she has signed up to it according to this document.

 

We want to know whether it is possible she was still mis-sold though.

Ideally, we need a copy of the literature explaining what exactly PPI is and its policies that you would expect to have been sent out at the time.

This will allow us to check if she was eligible or not and perhaps claim on those grounds if she wasn't.

If she was eligible then we can at least draw a line under this and not bother complaining.

 

Is there any way of obtaining this document or information?

I understand a CCA request will just be the loan agreement which they already provided a copy of in the SAR.

I imagine they must have sent out a PPI leaflet as opposed to discussing it over the phone with her,

as the memos do not indicate any phone calls prior to the start of the PPI agreement (although they are hard to comprehend).

 

She was in part time employment at the time,

had not been in full time employment for six months prior to the agreement

which elsewhere I have read may be deemed as reasons for ineligibility and thus a mis-sale.

 

So we're not really sure how to proceed from here, if at all.

 

Thanks for reading, I appreciate any help regarding this.

[Maki]

I’m not sure if this helps but I didn’t do any of that.

 

I simply completed their online form stating I believe I’d been missold as I had enough cover elsewhere and 6 weeks later I received a letter stating I was due a refund of over £3,000. The cheque took a couple of weeks after that to arrive.

Edited January 4, 2018 by Maki

[dx100uk]

when did she take the card out please?

[Hurley31]

Thanks for the replies guys.

 

The card was issued in May 2006. As was the PPI.

[dx100uk]

so within the period whereby online sign ups started

and within the period whereby it was known several online sign up cards had faults with their sites that had the PPI box already ticked

but I don't think that happened with the CAP1 site.

 

there are known issues with cap1 in that era too over the little white card activation sticker that was on the card

the card was already active

the sticker was to activate the PPI, but all it said was activate me and a number.

 

id p'haps go against the grain of normal cag advise and follow what maki did

just blindly put it a claim

 

there no get out being part time

nor unemployed as such

I think you are mixing that up with self employment.

now that would be a reason

[Hurley31]

Right, I see. Thanks.

 

Yeah, I think she must have signed up online then got sent a paper document to sign after.

 

What I find strange is on her account page on the print outs they have sent, it says 'N' next to PPI.

 

I have read several sites claiming some policies had exclusions relating to working hours and employment status in general, that is why I was thinking of trying to get the original policy document off them. I wouldn't really know what grounds to complain on otherwise.

Edited January 4, 2018 by Hurley31

[dx100uk]

What I find strange is on her account page on the print outs they have sent, it says 'N' next to PPI

 

id mention that only for now

with a covering comment that she was well aware of the PPI issue as it had already been widely publicised that it is a bad thing at that time when the whole PPI debacle was just starting.

[Hurley31]

I'm not sure I understand.

 

Just to clarify,

she has physically signed a CCA with a tick next to PPI opt in and signed it.

 

I'm not sure she can really claim she didn't sign up to it,

though it does seem to be something she mindlessly went along with rather than actively sought out

(not that constitutes a mis-sale).

[dx100uk]

she ticked the box

or it was pre ticked

or she didn't and someone ticked it later?

typed tick or written.

[Hurley31]

It is ticked with her signature underneath.

 

She must have ticked it as she has signed for it as well underneath where it says it requires a signature for PPI opt in.

 

It is a photocopy of a CCA so it's impossible to tell if it was pre-ticked but it makes no difference really as she has signed for it anyway so for all intents has consented to it.

[dx100uk]

whats the PPI worth

have you done the spreadsheets?

[Hurley31]

Not a lot to be honest.

 

I've not done any spreadsheets,

 

just counted up the charges on the statements.

 

Around £150 before interest.

[dx100uk]

but with interest from 2006?

pop them in the CISHEET

each ppi payment and its date

https://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

[Hurley31]

Thanks for that link, I'll do that now.

 

I assumed you just take the total and add 8% or whatever on top but obviously it is calculated differently.

 

Do you know where it says 'claim from - claim to',

 

do I put the date the card closed in the 'claim to' section?

[dx100uk]

claim to is the date they stopped their int

then take that sum and pop it in the statint sheet as a whole figure the day after they stopped int for the 8% calc

what are we looking at here...

[Hurley31]

I've filled in all the charges in to the CISHEET,

 

I put the date the card closed as the claim to date as I wasn't sure if it was meant to be that or something else.

 

I also put 29.94 as the interest rate, as that is what it says on the CCA.

 

This gave me a sum of £392.64.

 

I've not done the second STATINT calculation as I'm not really sure what to do there.

Edited January 5, 2018 by Hurley31

[dx100uk]

£392.64 as one whole sum

the day after CISHEET claim to date

[Hurley31]

I put the day after the account closed in the 'from' section and it automatically filled in today's date for the 'to' section, underneath I put in the whole sum and it gives a total of £550.72.

 

This is assuming I've done it all correctly.

[dx100uk]

yep so that auto updates each day.

so

and that's only a guide.

reclaim could be worth about +£500

 

and don't for get

if the PPI reclaim fails

 

you can always get them on secret commission under a plevin claim.

[Hurley31]

Great, well thanks for the advice dx100uk, it's been a great help.

 

I still don't know why I can claim she was mis-sold though if she wasn't excluded in any way.

[dx100uk]

well you have the sar with the info

and I assume a copy of the comms/account log and the agreement

on those it will tell you what her employment/status was from the info she told them.

 

what did she put down..thats the only info they will have

what does it say?

 

not what she knows as her situation then...

[Hurley31]

The agreement only shows the last page with her signature.

 

Her account page states she is in employment as a sales assistant, with an annual wage of £5000.

That's all it says.

 

I thought you said there were no exclusions regarding employment status though?

 

This is why I'm confused,

there doesn't appear to be a valid reason for a complaint if I can't mention her part time/temporary employment status.

 

This is why I asked about ways of obtaining the original PPI agreement to see what exactly the exclusions are.