Wendy's PPI thread

[WendyB]

Re: Wendy's PPI thread

Have another bog off letter from Crap One today. I'll scan it in tomorrow but it basically says naff off, final response, you had the infor, it was made clear to you, and we're not refunding any PPI. Final answer. End of.

Thing is, in their first letter they say I requested it when I applied on the internet. In the meantime, last night, I have found what they called the Credit Card Agreement, which is basically a sort of postcard reply thingy. signed by me in 2001. It doesn't mention PPi, Internet or much else for that matter. certainly no ticks in boxes. So I don't think I applied on the internet anyway. Should I ask for proof that I ticked the box on the internet, then produce this crappy agreement? Only thing is, I can't seem to find the "agreement", which was actually in my hand last night! Am hoping I've left it on my desk at work.

[Amethyst]

Re: Wendy's PPI thread

Have you done a formal CCA request ?

[WendyB]

Re: Wendy's PPI thread

This is the first draft of my reply, should I send £1 for the CCA, or does it not apply when account is closed. I'm sure i read somewhere (OTR?) that when an account is closed they're not obliged to provide CCA under S.78.

Your thoughts/help would be appreciated.


Thank you for your recent correspondence, the contents of which are noted.

I am disappointed that you are still not prepared to accept responsibility for the mis-selling of the PPI on the above account. In your letter of 29th February, you state that I requested PPI when I applied on the internet for an account with yourselves. I deny that this was the case and would therefore request that you supply me with copies of documentation relating to my requesting PPI in the first instance. Indeed, I have in my possession a copy of a Freepost application form, signed and dated 27.07.01, which would seem to refute your information entirely.

I also require a copy of the original CCA, showing the prescribed terms of the account, which has never been supplied by yourselves.

Once again, I remind you that according to the Misrepresentation Act 1967 the onus is upon Capital One to prove that PPI was not mis-sold, not on myself to prove that it was. The most recent figures released show that the Financial Ombudsman Service says it received 2,388 complaints about payment protection insurance last month, a record high. The Ombudsman also reported that 80% of the PPI complaints it received from customers were being upheld.

Accordingly, I require a full refund of all my insurance payments, plus interest, totalling £455.11.

As my account is now closed, please send repayment to myself in the form of a cheque, at the above address.

[Amethyst]

Re: Wendy's PPI thread

ahhhhhhhhhh yes sorry hunny - I did chat with Tools about this then clean forgot to tell you.

No don't enclose the £1 as you are correct once the account is closed it doesnt apply.

Made a couple little changes - nice letter tho.




Thank you for your recent correspondence, the contents of which are noted.

I am disappointed that you are still not prepared to accept responsibility for the mis-selling of the PPI on the above account. In your letter of 29th February you state that I requested PPI when I applied, via the internet, for an account with yourselves.

I deny that this was the case and would therefore request that you supply me with copies of documentation relating to my requesting PPI in the first instance.

Indeed, I have in my possession a copy of the original application form, signed and dated 27.07.01, which would seem to refute your allegations entirely.

I also require a copy of the original signed consumer credit agreement, showing the full prescribed terms under the Counsumer Credit Act (Agreements), which has never been supplied by yourselves.

Once again, I remind you that according to the Misrepresentation Act 1967 the onus is upon Capital One to prove that PPI was not mis-sold, not on myself to prove that it was.

The most recent figures released show that the Financial Ombudsman Service received 2,388 complaints about payment protection insurance last month, a record high.

The Ombudsman also reported that 80% of the PPI complaints it received from customers were being upheld.

Accordingly, I require a full refund of all my insurance payments, plus interest (interest you paid on those insurance premiums or other interest?? - think a schedule of those would be of use attached to letter), totalling £455.11.

As my account is now closed, please send the repayment to myself in the form of a cheque, made payable to myself, Mrs WendyB, at the above address.

[WendyB]

Re: Wendy's PPI thread

Had to do spready again, all the figures had disappeared.

How about

Accordingly, I require a full refund of all my insurance payments, of £357.91, plus interest (calculated compounded at 8%) 112.29. A total of £470.22. A schedule of charges is attached for your reference. Please be advised that interest is calculated on a compounded daily basis and will continue to increase until this matter is resolved.

[Amethyst]

Re: Wendy's PPI thread

why 8% ?

[WendyB]

Re: Wendy's PPI thread

just because. Thought it sounded reasonable. I think they charges 14% on my card actually, but 8% sounds better, and thats what I'd ask the court for.

[WendyB]

Re: Wendy's PPI thread

changed increase to "accrue". And just realised that i used 8% on the origianl spreadsheet I sent with the first letter, so i can't very well change it now can I?

[Tools]

Re: Wendy's PPI thread

Did you do the stat 69 8% interest or CI @ 8%

[WendyB]

Re: Wendy's PPI thread

Errrm, 8% CI it was originally. Did it on Simeon's spready @ 8%.

[Amethyst]

Re: Wendy's PPI thread

took me a while to work out who simeon was then lol, thought we'd gone biblical.

[WendyB]

Re: Wendy's PPI thread

Thes bloody spreadsheets are doing my head in. In the end I have done a new one, at 8% compounded, my letter now says:

£369.01 plus interest of 115.09, a total of 484.10. An updated schedule of charges is attached for your reference.

I have taken out the bit about accruing on a daily basis - don't want to scare them do I lol

I am going to post it tomorrow, can't do it today as the Post Office will be closed by the time I get there.

And Ame - I don't do biblical either......

[WendyB]

Re: Wendy's PPI thread

Have now had Capital one's final final final response. Which is basically sod off.

They have sent a copy of a screenshot from when I applied on the internet, which does not show any ticks in boxes, but is more like their admin after I applied, if you see what i mean. It says PPI applied for - Yes.

I will scan it in tomorrow if I remember to bring it in to work. It looks like this may be the end of the line.

oh yes, and they've sent the CCA, which is merely a copy of the application thingy that I've already mentioned above. I'll scan that in soon, cos its here at work.

[enaid]

Re: Wendy's PPI thread

Here Wendy, http://www.financial-ombudsman.org.u...-insurance.pdf
Have a read of that and then see if you think that's the way to go.
Bearing in mind if this fails then you can still go the court route, but not the other way about.
It's worth a shot IMO but it may take a while, don't give up yet. Enaid x

[WendyB]

Re: Wendy's PPI thread

cheers. Will have a look in more detail when I've got time, and send it to FOS.