PPI

[Cft1982]

Hi,

I wrote to Capital One requesting a copy of the credit agreement & a full breakdown of my account. My account went in to default on the 25th April 2003 and got sold to Robinson way. I then settled the account some time ago and the balance is zero. They wrote back saying,

"I write in connection to your recent letter.

To confirm, your account went into default on 25th April 2003 for £786.00. The account was sold to Robinson Way and you have since made payments which have brought your balance to zero.

As you may be aware, where there is no sum which is,mor will, or may become payable under the credit agreement, then the obligation to provide documentation under section 78 of the Consumer Credit Act 1974 does not apply. Therefore, on the basis of the above, we have no obligation to provide you with a copy of the documents that you have requested."

I also sent them a postal order of the value of £11.00 for the documents I requested and did not receive any reimbursement back and there was no mention of it in the letter they sent back

If there's any advice you could give me, it would be a great help.

Thanks

Chris

[di30]

Re: PPI

Hi and welcome

(sorry for the delay in responding).

If you requested for all your data under the Subject Access Request (SAR), they have 40 calendar days to comply. If this time have well passed, then write to them and tell them you are waiting for the information you requested on the account number of XXXXXXXX, the given timescale have passed, and you still not complied to your request, nor have they returned your payment made for this request, and expect them to return the payment with a written explanation of why they've not complied to the request.
Also add that if they fail to comply, you will give them another 14 days (that's if the 40 stated days have already passed), and you will be complaining to the Information Commissioners Office (ICO) about this matter.

If the account is no longer active, this unfortunately seems to be the case in regards of the CCA request.

However, what you could do (as I assume you want to make a reclaim on the Payment Protection Insurance (PPI), as long as you still have the account number, you can still make a reclaim on this product by completing a reclaim questionnaire, send to the ones who sold you the product, even if it was sent on to another company when it went into default, you still pursue the one's responsible for selling and setting up the product from the start.

Remember to keep a copy of the reclaim complaint questionnaire, as you may need to refer back to it later on.

Below there is the details/questionnnaire, and further details which you will find helpful, but please keep us posted on how you go with this.
Good luck.

http://www.financial-ombudsman.org.u...stionnaire.doc

http://www.legalbeagles.info/forums/...ASE-READ-FIRST

http://www.legalbeagles.info/forums/...I-Calculations

Many have still been successful without the paperwork, but if they no longer hold any details, it may be a case of them coming up with an offer, hopefully they will track this down though and you do not actually require the calculations to add on the questionnaire, because they should send these to you once resolved, or otherwise request for them.

If you were under a payment plan, the ppi was also worthless to you then too, so also make that clear to them as well.

Hope this info helps.