megan v capital ppi claim

[megan34]

I sent a letter off to capital one and £1 and asked for a copy of my credit card agreement as i didnt rememebr signing one.I have paid off my card now - 3 months ago.

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.

 

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

Any advice would be appreciated from someone on my next step

[hellhasnofury]

I sent a letter off to capital one and £1 and asked for a copy of my credit card agreement as i didnt rememebr signing one.I have paid off my card now - 3 months ago.

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. Yeah right, we are not really because we got your money dope!!!!!I hope we can put this experience behind us and move on from here. Yes to reclaiming it all back via the court. condescending gits.

 

yours sincerely,

Ellie Renshaw,

Executive Office Manager.

 

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

Any advice would be appreciated from someone on my next step

 

They begger belief. Unfortunately we do not kept the recorded telephone conversation, which would prove that you maybe actually said no. or the fact that we did not fully disclose all the facts relating to it.

 

And we get away with it because not many people read every little thing on their statement.

 

IMHO, they have stated in their letter that there is no written agreement and they do not have the phone call. I would start the process of reclaiming back all of the ppi payment they have taken from you.

 

Do you have all of the payments. If not sent a SAR and give them the 40days to come up with them/ Once you have them. Send your first letter reclaiming them back.

 

If you need help just ask:grin:

[megan34]

Oh yes I have all the 6 years statements - Im already claiming over£1600.00p back in charges, and I have added up all the ppi payments it comes to nearly £500.00 - with interest its over £600.00. It was the fact that they say its over 6 years that worried me - should they still be able to prove it? any advice on this would be very much appreciated - never claimed ppi back before.

[megan34]

Sorry the reply ABOVE was in response to the letter below - (Since sending this letter I have also applied for a copy of my credit agreement - still waiting for a reply to that one.) - sorry got a bit mixed up there!

 

 

On checking my 6 years of default charges on my statement, I notice that over the period 03/01 – 04/05 I have been charged £xxx.xx in -Payment Protection fees .These payments ceased after that date.

I would like these charges explained please – I have no knowledge of signing any document regarding payment protection . I am therefore requesting ANY documented information regarding this agreement that I presume you will say I had agreed to pay, in the form of paperwork, filed claim form, or verbatim transcript or recording of any conversation regarding this application in line with the data protection act.

I have no recollection what so ever of applying for payment protection therefore if you cannot provide any proof then I request my money back - £xxx.00 p , I also wish to claim interest of £xxx.00p making a total of £xxx.00p.This being the amount I require as a refund if proof that I consented to these charges being taken, cannot be found. I request that you reply to me with either the proof or a cheque within 7 days otherwise I will be taking the matter through the courts

 

yours.........

[megan34]

I was sent this :

 

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?

MP

 

 

A The really simple answer here is: forever! Seriously, there is no statute of limitations for how long banks have to retain account monies. Accounts become dormant when banks have reason to believe the accountholder address they hold is no longer current - perhaps because they have had returned post or there has been no activity on the account.

 

4.html

 

However, dormancy does not mean accountholders - or their beneficiaries - lose their rights to the funds in those accounts. Rendering accounts dormant is part of the banks' move to prevent fraud and money laundering. And it basically states that, after 15 years of non-contact, where it seems unlikely the bank and customer will re-establish contact, any funds in the account should be re-allocated to some form of social fund for community projects. Even then, the banks are required to retain a proportion of these funds, in perpetuity, in case the legal accountholder or their heir seeks to reclaim those funds - because the customer's right to those funds remains protected.

In order to trace your late father's account, complete the dormant account form on the British Bankers' Association website. Even if you are unsure of all the details of your father's account, the BBA should be able to help.

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

 

Now I'm off to draight a letter to capital one................

[megan34]

Im confused - my answer from Capital One about my agreement to have PPI - above states that the agrement was verabl - however in their T&C which I have received today it seems to imply that I was sent paperwork to read and then sign to say that I wish to have PPI? - this is all I have been sent - nothing with my signature on anything.

 

Capital One Terms & Conditions

Optional Capital One Payment Protection insurance. We will supply you with details of optional payment protection insurance. You should read these details and understand the main benefits and exclusions of the insurance cover. If you select such insurance, you authorize us to pay the insurance premiums to the insurers in the way they ask us to pay it. All payments of insurance premiums are regarded as purchases. When you authorize us to arrange payment insurance, you agree that the insurers will settle valid claims by making payment direct to us so that we can credit your account. We will use the payment to clear all or as many as possible of your liabilities to us under this agreement..

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

Am I right in assuming that this contradicts what they say in their letter above ?

[megan34]

In my letter to them - I asked for a copy of my credit card agreement under the consumer credit act 1974.I said they should supply this within 12 days and pais £1.They sent my £1 back and said it wasnt necessary as a copy of my terms and conditions would follow and thats what I received a copy of the terms and conditions - nothing with any signatures on - no credit agreement sigend anywhere. I paid the card off in January so have no balance - where do I stand? they took over £600. from me for PPI.

[hellhasnofury]

In my letter to them - I asked for a copy of my credit card agreement under the consumer credit act 1974.I said they should supply this within 12 days and pais £1.They sent my £1 back and said it wasnt necessary as a copy of my terms and conditions would follow and thats what I received a copy of the terms and conditions - nothing with any signatures on - no credit agreement sigend anywhere. I paid the card off in January so have no balance - where do I stand? they took over £600. from me for PPI.

 

HI megan34,

 

Personally I do believe that they are playing silly beggers. and are trying very hard to fob you off.

 

When you sent the CCA request what credit agreement did you ask for.

The credit card account agreement or the ppi agreement?

[megan34]

With reference to the above credit card accounts , I would be grateful if you would send me a copy of these credit agreements.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. ( CHEQUE FOR £3.00p - enclosed for 3 )

 

I understand a copy of this credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

 

[hellhasnofury]

With reference to the above credit card accounts , I would be grateful if you would send me a copy of these credit agreements.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. ( CHEQUE FOR £3.00p - enclosed for 3 )

 

I understand a copy of this credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Hello Megan,

 

We look forward to hearing from you.

 

Yours faithfully

 

 

 

You can report them to the OFT, but that I think can take some time. I think the other option is court.

 

Maybe post a thread on the Credit Agreement Act thread Its really long will take you about aweek to read 356 pages and probably more.

 

If you post you info re non-compliance on a cleared debt they may be able to offer you more advise.

 

I will try and find you the link to the thread. take heart and do not fall at the first hurdle. that's what they won't you to do:D

 

here it is!!! happy reading

 

Consumer Credit Act Agreements

[megan34]

so they should have sent me a copy of a sogned agreement? and the terms and conditions of the ppi? and proof that i asked for it?

[megan34]

On looking again through my S.A.R - from capital one I just noticed on one of the pages that shows screenprnt from their computer - it shows various entries - codes etc and one in particular I notice says quite clearly ''' PPI ISSUE - REFER TO BIZ CRIT 538''' this is dated 09/05/2003 I also noticed onemore entry - '''SAS''' PPI CANX L0351 SENT - date - 14/04/05 - does anyone know what this means ? ( 27th of april was the last time a ppi payment was taken -) I didnt pay the card off until january 2007.

Forgot to say - 1st ppi payment was taken from account on 27/03/01.

[hellhasnofury]

On looking again through my S.A.R - from capital one I just noticed on one of the pages that shows screenprnt from their computer - it shows various entries - codes etc and one in particular I notice says quite clearly ''' PPI ISSUE - REFER TO BIZ CRIT 538''' this is dated 09/05/2003 I also noticed onemore entry - '''SAS''' PPI CANX L0351 SENT - date - 14/04/05 - does anyone know what this means ? ( 27th of april was the last time a ppi payment was taken -) I didnt pay the card off until january 2007.

 

Hello Megan,

did they not send you a printout of the different entries and what they mean with your sar.

 

If not send them a letter asking them to explain what the different jargon means.

[megan34]

On closer inspection I now see that the terms and conditions they have sent me - seem to be a photo copy of their NEW terms & conditions and NOT the original ones because the charges they say they will make for being over the limit/late etc are all £12.00!!,therefore this cannot be the original T&C I was sent when I opened my account.

[hellhasnofury]

On closer inspection I now see that the terms and conditions they have sent me - seem to be a photo copy of their NEW terms & conditions and NOT the original ones because the charges they say they will make for being over the limit/late etc are all £12.00!!,therefore this cannot be the original T&C I was sent when I opened my account.

 

Hiya Megan, I think that is their standard ploy to send the recent t&c.

 

Maybe they think that you are thick and won't notice. They do beggar belief don't they

[megan34]

well they are about to find out I am anything but - do they really think they can take all those £25 charges off me for years then say in these T&C that the charges are £12 and think I wont 'spot the mistake'?:o

Does anyone know if you can get round the statuteof limitations (it was 6 years in march) through being mis-sold ppi on the grounds that they would not have paid out anyway because of an underlying medical condition?

[hellhasnofury]

well they are about to find out I am anything but - do they really think they can take all those £25 charges off me for years then say in these T&C that the charges are £12 and think I wont 'spot the mistake'?:o

Does anyone know if you can get round the statuteof limitations (it was 6 years in march) through being mis-sold ppi on the grounds that they would not have paid out anyway because of an underlying medical condition?

 

Hello Megan, I has been successful in two cases that loans where taken out march/april 2001. one of the companies paid out on a ppi in 1998. They may argue that they do not store any data of the loans etc. But I do think they will try to think of anything to stop repaying back.

 

I do beleive the statute of limitations begins when you find out. due to their lack of disclosure etc.

 

I included this in my prelim letter

When I took the loan with your company, I was not given offered a full and detailed explanation of payment protection insurance and was lead to believe by your company/representative that it was part of the conditions of the loan. I have thought that for the last five years and more. It has only become apparent to me after the recent coverage by the media, and following the recent OFT and FSA investigations regarding the mis-selling of ppi by finance companies.. This is when I requested the Subject Access Request.

 

Good luck

[megan34]

PPI :

 

Cap one – : £604.63p

Cap one – £64.68

Citi cards – -£216.92

Studio-cards – £244.88

 

TOTAL - £1131.11

 

Barclaycard: - £??

Halifax: £??

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

 

Thanks,

As you can see they are not great amounts but I enjoy the challenge of fighting for it back to be honest! Its the statute of limitations I need to swat up on so I get my facts right.

[hellhasnofury]

PPI :

 

Cap one – : £604.63p

Cap one – £64.68

Citi cards – -£216.92

Studio-cards – £244.88

 

TOTAL - £1131.11

 

Barclaycard: - £??

Halifax: £??

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

 

Thanks,

As you can see they are not great amounts but I enjoy the challenge of fighting for it back to be honest! Its the statute of limitations I need to swat up on so I get my facts right.

 

Hello megan,

 

I whole heartedly agree, its not the amount it is the principle that counts.

[megan34]

Reply from citi cards today regarding ppi . I asked for a copy of my cca and sent £1 to cover the cost. - Reply is : As I am no longer a customer they are no longer obliged to send me a copy of my original agreement - they also sent me a cheque for my £1 back:mad:

[megan34]

Can Anyone advise me on this?

[megan34]

please?

[hellhasnofury]

Hello Megan,

 

Did they sent you information about the account with your SAR. If so they still have info regarding the account even though you are not a customer?????

 

They must by LAW supply you with a Credit agreement. They may not have it, it may have been destroyed

 

Write back to them, stating the law Section 77-79 of the CCA, demanding that they comply. Report them to the Office of Fair Trading.

 

If it has been destroyed, you wish written clarification of when and by which method it was destroyed/

 

They are just playing silly beggers, just to put you off, You have to show them that you are persisting in these matters.

 

You do have rights:lol:

[megan34]

If you are employed as a 'supported disabled worker' - would that be grounds for getting a refund because I had been mis-sold a policy as they never asked me about underlying medical conditions?

[hellhasnofury]

If you are employed as a 'supported disabled worker' - would that be grounds for getting a refund because I had been mis-sold a policy as they never asked me about underlying medical conditions?

 

Hello Megan,

 

I would say so:D You need to read the terms and conditions of the policy