Capital One Credit Card SAR

[subsys]

Hi, I recently sent a SAR request to Capital One and received my transaction statements related to my credit card, although the terms and conditions/app forms relating to the PPI were missing. I sent a non-compliance letter giving them a further 7 days but did not receive any reply. What would be my next course of action?

 

Also i'm still paying the PPI on my Capital One account, should I ring and cancel this immediately or wait until I send my request for charges replayment letter and than cancel? Thanks.

[dx100uk]

did you ask for the PPI information? typically, this is not sent from cap1 as they guess as others do, you wish charges info to reclaim them.

 

send a letter to cap1 stating that you want the PPI cancelled.

 

however, redundancy, [which is not your doing] can be used to activate the PPI & thus make a claim, it might be a good idea to write letter first [before you cancel] stating your case for its activation [and perhaps its backdating to the time it happened]

if they will not play ball, then complain, cancel it & reclaim all your PPI charges + interest on them.

 

i think you might find they will cough up and cover your payments as they have recently been fined for this PPI thing.

 

dx100uk:D

[subsys]

dx100uk, I took out the policy with the credit card approx 4 years ago and was led to believe by Capital One that my application could be refused without it. Also I had existing medical conditions at the time which I was never advised would invalidate any claim made under the policy.

 

I requested the PPI information in the SAR letter but like you said it seems Capital One doesn't seem to send it out. Should I send another non-compliance letter to them. Subsys.

[dx100uk]

sorry sys

it seems this has gone on the wrong thread......the one you are linked too

so the redundancy bit is not yours..!

 

i wouldn't even bother getting the policy

send them a letter cancelling the ppi

and stating what you say here [existing , told couldn't/ would not get loan etc [classic case of mis-selling]

 

i would make yourself a spreadsheet with 24.9%? contractural interest too on top and send that with the letter.

 

see what happens

 

dx100uk:-D

[hellhasnofury]

dx100uk, I took out the policy with the credit card approx 4 years ago and was led to believe by Capital One that my application could be refused without it. Also I had existing medical conditions at the time which I was never advised would invalidate any claim made under the policy.

 

I requested the PPI information in the SAR letter but like you said it seems Capital One doesn't seem to send it out. Should I send another non-compliance letter to them. Subsys.

 

Hello,

 

Thjey do like to think they can have the last word:evil: Don't they.

 

I think your choices are:

 

I would certainly Report them the the Information Commissioners office, see link below for process

ICO – Information Commissioner's Office

 

You can send them another letter for non-compliance threatening court action.Data Protection Act - Non-Compliance - Template Letters

 

Court action

DPA Non-Compliance - Particulars of claim

 

I hope this helps

Perstist with this one and show them that you will have the last word

 

Good luck

[subsys]

Capital one sent me a copy of the Credit card agreement but again failed to send me the original terms and conditions relating the PPI. However I managed to find the original PPI leaflet they sent out when the PPI was taken out in 2003. The policy eligibility is shown as

a) you are aged between 16 and 64,

b) you are employed and have employment for the previous six consecutive months

c) You are a UK resident.

There is NO REFERENCE to existing medical conditions, only a number to ring to find out about details of benefits and exclusions.

I sent a preliminary letter to Capital One stating I believe the policy was missold and requesting repayment of charges plus compound interest. This week I received a cut and paste reply rejecting my claim stating that Capital one would not refuse an application if PPI was not taken, that I had ticked the PPI box to say I had read and understood the leaflet. Also saying they sent another policy document which explained the features, benefits and exclusions and as I had not cancelled within 30 days the policy continued. It than rejects the fact that Capital one failed to advise the PPI doesn't cover existing medical conditions stating that as they have already explained the policy document explains everything. Unsurprisingly it than says Capital one will not be refunding any premiums or interest because they have been added correctly.

I have already advised Capital one they DID NOT disclose the full policy benefits and exclusions.

What would be by next course of action, is there a letter before action for PPI's, should I complain to the Financial ombudsman, or should I now pursue an MCOL

[subsys]

Hi all, any advice would be appreciated. Thanks.

[dx100uk]

did you specifically ask for info on PPI in your S.A.R - (Subject Access Request) letter?

if not, i would send another letter, stating that you wish this info & that you have already paid the fee. please comply with additional info.

give them 14 days before you start court action.

 

make sure you include wanting copies of any paperwork they are claiming proves you wanted the PPI. Also state that you want paperwork that shows YOU ticked the box by hand in ink, not a computer printout whereby the box was already ticked for you & you just failed to notice it.

should they rely upon a telephone conversation which they say claims you said you wanted it, you want an audio copy of the phonecall or a typed transcript of said conversation, signed by an authorised member of staff that can be used in evidence in a court of law.

 

that should get they thinking!

 

dx100uk

[megan34]

I sent a letter off to capital one and £1 and asked for a copy of my credit card agreement as i didnt remember signing for PPI ,have paid PPI for about 5 years up to 2005 - then it stopped ,according to my 6 years of statements I recently received. (I paid credit card off in January this year.)

I received this letter today:

 

Thank you for writing to us about the payment protection insurance (ppi) we've added to your account.I understand you have no knowledge of signing any document about the insurance.I'm sorry for any upset caused and i'd like to explain.

 

Ive checked your account and our records show that we offered the policy during a phone call in march 2001.Whenever we offer PPI, we always explain the criteria for having it .We also ask the customer to confirm they want it before we add it to the account.

 

Because this was a verbal agreement you wouldnt have signed any documents . I'm afraid we no longer have a recording of your call because its from six years ago.To explain,we sent you documents detailing the policy,which confirmed you had 30 days to cancel if you werent happy.Because we didnt hear from you,the policy continued.

 

Since we added the PPI to your account ,we sent you 51 statements.On your statement we told you how much PPI we were adding that month.Because you havent questioned these premiums before I'm afraid I wont be refunding any of them .I also wont be refunding any interest because we've added that correctly aswell.

 

I hope I've explained things clearly.However,If you have any further questions,please write back to me within four weeks.My address is in the leaflet I've included,which also explains our complaints procedure.If I don't hear from you,I'll consider that your'e happy with my response and that your complaint is closed.

 

Once again ,I'm sorry for any upset caused.I hope we can put this experience behind us and move on from here

 

yours sincerely,

Ellie Renshaw,

Executive Office Manager.

 

......................... ..............

[hellhasnofury]

I sent a letter off to capital one and £1 and asked for a copy of my credit card agreement as i didnt remember signing for PPI ,have paid PPI for about 5 years up to 2005 - then it stopped ,according to my 6 years of statements I recently received. (I paid credit card off in January this year.)

I received this letter today:

 

Thank you for writing to us about the payment protection insurance (ppi) we've added to your account.I understand you have no knowledge of signing any document about the insurance.I'm sorry for any upset caused and i'd like to explain.

 

Ive checked your account and our records show that we offered the policy during a phone call in march 2001.Whenever we offer PPI, we always explain the criteria for having it .We also ask the customer to confirm they want it before we add it to the account.

 

Because this was a verbal agreement you wouldnt have signed any documents . I'm afraid we no longer have a recording of your call because its from six years ago.To explain,we sent you documents detailing the policy,which confirmed you had 30 days to cancel if you werent happy.Because we didnt hear from you,the policy continued.

 

Since we added the PPI to your account ,we sent you 51 statements.On your statement we told you how much PPI we were adding that month.Because you havent questioned these premiums before I'm afraid I wont be refunding any of them .I also wont be refunding any interest because we've added that correctly aswell.

 

I hope I've explained things clearly.However,If you have any further questions,please write back to me within four weeks.My address is in the leaflet I've included,which also explains our complaints procedure.If I don't hear from you,I'll consider that your'e happy with my response and that your complaint is closed.

 

Once again ,I'm sorry for any upset caused.I hope we can put this experience behind us and move on from here

 

yours sincerely,

Ellie Renshaw,

Executive Office Manager.

 

......................... ..............

 

Hello,

 

I have seen this letter before it is a standard get stuffed letter.

 

I would take no notice of it and proceed regardless:-D

[megan34]

I Did - have now sent this one....

 

 

Dear Sirs,

I am in receipt of your letter dated xxxx 2007 in which you tell me that the agreement concerning ppi, was a verbal one and that you no longer have any evidence of this whatsoever. I do not accept this.

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to my credit card account.

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.

-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.

 

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.

 

 

Amongst other legal information I have obtained I also noticed this in the press recently:

 

Tuesday April 3, 2007

Guardian Unlimited :

Q I am trying to trace an old account of my father's, who passed away over 15 years ago. I was wondering how long banks are required to keep account records?

 

A The really simple answer here is: forever! Seriously, there is no statute of limitations for how long banks have to retain .

 

 

I look forward to hearing from you within the next 7 days on this matter.

[dx100uk]

no but lkewise, there is nothing that says they must keep the ifo.

 

i agree with hell, as i'm in the asme boat with my OH 's a?c with them.

std letter almost same excuse i got too.

 

i really dont like this verbal agreement bit, it stinks! i also hate this assumption that you knew you had 30days to cancel and didn't. p'haps so. but that was after the cO rep on the phone saying you will not get the card if you do not take out the PPI. i know they said that to my mrs,

 

now they cant find the tapes..i bet they cant.!!!

 

dx100uk