Capital One Failed claim - Please Help

TheRealDeal_2

I got a letter today claiming that they are satisfied that I accepted the terms blah, blah, blah and have included a photocopy of the form that I signed and the PPI box is ticked.

Now I had explained to them through several letters back and forth that I was not even aware that I had the PPI until recently when I had a claims management company look into it for me.

I canceled the claims company and took up the case myself.

I honestly can not say that I ticked that box, I wouldn't be surprised if they ticked the box before sending the photocopy to me.


Is there any point in me challenging this as neither they can prove I ticked the box and I cannot prove one of them did it ?

If I do this it would create a stalemate.

Should I do it ?

Is there any other angle I can use ?

I never ever claimed the PPI as I never knew I had it, can I reclaim itpurely out having paid for a product that I never used ?



I would really appreciate any help you guys can give.

di3004

TheRealDeal wrote: »

I got a letter today claiming that they are satisfied that I accepted the terms blah, blah, blah and have included a photocopy of the form that I signed and the PPI box is ticked.

Now I had explained to them through several letters back and forth that I was not even aware that I had the PPI until recently when I had a claims management company look into it for me.

I canceled the claims company and took up the case myself.

I honestly can not say that I ticked that box, I wouldn't be surprised if they ticked the box before sending the photocopy to me.


Is there any point in me challenging this as neither they can prove I ticked the box and I cannot prove one of them did it ?

If I do this it would create a stalemate.

Should I do it ?

Is there any other angle I can use ?

I never ever claimed the PPI as I never knew I had it, can I reclaim itpurely out having paid for a product that I never used ?



I would really appreciate any help you guys can give.

Hi there

I would keep at them with the reasons you have, what they have told you is standard and in hope you go away.

Check the info below, and keep at them, good luck.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

roonaldo

TheRealDeal wrote: »

I never ever claimed the PPI as I never knew I had it, can I reclaim itpurely out having paid for a product that I never used ?

PPI would appear on your monthly statement so im sure you knew you had it, even if you didnt originally know. Having never claimed on the policy doesnt mean it was mis-sold.

Common_Sense_2

TheRealDeal wrote: »

I never ever claimed the PPI as I never knew I had it, can I reclaim itpurely out having paid for a product that I never used ?

That would be a bit like saying "i didn't have an accident in the last 5 years so i can get back my car insurance premium for that time as i didn't need it!

TheRealDeal_2

di3004 wrote: »

Hi there

I would keep at them with the reasons you have, what they have told you is standard and in hope you go away.

Check the info below, and keep at them, good luck.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

Hi thanks for your response.

I am not sure how I should respond to them or what I should say.

Should I go ahead and protest that I didn't tick the box that they have shown me on the photocopy of the form ?

And what else should I say to them ?

Do I take it to the FoS and if I do what will they make of this form that Capital one are using as proof ?


I am lost now

ILW

If you have kept your copy of the original agreement it will show that the box is not ticked.

saraanddarren

I would write to them and say you are not happy with their response, then if you still get no joy take it to the FOS - Di`s link above shows you your next steps at Stage 2 and 3 - about 2/3rds of the way down the page.

If Capital One sold you PPI that wasn`t suitable for your needs and it wasn`t explained to you properly or the other options you could have chosen (i.e cheaper insurance elsewhere) then you still have a case - so don`t give up

dunstonh

or the other options you could have chosen (i.e cheaper insurance elsewhere)

That is not a valid reason for complaint. Tied companies have no requirement to make you aware of the products offered by other companies.

saraanddarren

dunstonh wrote: »

That is not a valid reason for complaint. Tied companies have no requirement to make you aware of the products offered by other companies.

Is it not? Blimey - i apologise then for the false rubbish spouting from my gob!
Honestly i really was under the impression that lenders had to make you aware that you may be able to purchase cheaper insurance and that you were not under obligation to take the optional insurance from them.

I`m so rubbish at all of this and am seriously worried about my claims now, the advice i was given through loancheck and my solicitor was a load of old poo!

What do you mean by Tied companies?

dunstonh

Is it not? Blimey - i apologise then for the false rubbish spouting from my gob!
Honestly i really was under the impression that lenders had to make you aware that you may be able to purchase cheaper insurance and that you were not under obligation to take the optional insurance from them.

Its become of those internet myths that they have to make you aware of alternatives. Possibly started by claims companies who spout all sorts of rubbish. We often see it mentioned on the board by people. So, i wouldnt worry about it.

There was some talk of proposed rules that would force them in future to make you aware that you could purchase it via other means. However, nothing to say the alternatives would be cheaper or better.

What do you mean by Tied companies?

Typically that means companies that only sell their own branded products. Not brokers or IFAs who can retail from the market place.

saraanddarren

dunstonh wrote: »

Its become of those internet myths that they have to make you aware of alternatives. Possibly started by claims companies who spout all sorts of rubbish. We often see it mentioned on the board by people. So, i wouldnt worry about it.

There was some talk of proposed rules that would force them in future to make you aware that you could purchase it via other means. However, nothing to say the alternatives would be cheaper or better.



Typically that means companies that only sell their own branded products. Not brokers or IFAs who can retail from the market place.

Internet myth sounds about right! I know the claims company i contacted at first was full of hot air and promises.....

Thanks for that