Capital One Failed claim - Please Help

TheRealDeal_2

I do not have a copy of the original agreement so I can't prove I never ticked the box but like I said in my first post, they can't prove that they didn't tick the box to get out of repaying the PPI which is what I suspect happened.

I am adamant I never ticked the box, Out of all my cards this was the only one which has PPI, I would never knowingly agree to something like this, I never knew it was on this card because all my other cards never had it as I never agree to such things, I always say no to extras on anything, warranties, insurance etc. I always say no thanks out of habit.

I only realised it was on this card after I had a Claims management company look at it and their where working on making debt unenforceable, PPI was not what I hired them for.

So for this photo copy of the form to appear with the box ticked really does make me suspicious, no way did I tick it.

I just don't know what to say or how to say that will allow me to dismiss this so called evidence of theirs and allow me to proceed with reclaiming.

dunstonh

I do not have a copy of the original agreement so I can't prove I never ticked the box but like I said in my first post, they can't prove that they didn't tick the box to get out of repaying the PPI which is what I suspect happened.

Difference is that you are accusing them of committing a crime effectively (fraud). Where is your proof to back up your accusation?

I just don't know what to say or how to say that will allow me to dismiss this so called evidence of theirs and allow me to proceed with reclaiming.

All you can do is make your case, they will make theirs and a balance of probability decision will be made. No-one can guess the outcome of those as they tend to go with the most credible side, i.e. the one that isnt caught telling lies or giving incorrect information (which is why template letters are usually not recommended where you leave everything included even if its not applicable).

TheRealDeal_2

dunstonh wrote: »

Difference is that you are accusing them of committing a crime effectively (fraud). Where is your proof to back up your accusation?



All you can do is make your case, they will make theirs and a balance of probability decision will be made. No-one can guess the outcome of those as they tend to go with the most credible side, i.e. the one that isnt caught telling lies or giving incorrect information (which is why template letters are usually not recommended where you leave everything included even if its not applicable).

Ok so you recommend I don't challenge the photo copy ?


If I move on from that then what case can I make from here ?

They said that the photo copy is proof that I agreed to the terms etc. and the case was closed and that there would be no more correspondence on their part.

How do I proceed from there ?



P.S. Thanks for your advice.

roonaldo

saraanddarren wrote: »

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?

Yes its cobblers. It would also be a pretty poor sales practice if (e.g) Halifax told you to go to say HSBC to buy the insurance. Also a Halifax advisor would only be able to advice on its own products.

saraanddarren

TheRealDeal wrote: »

Ok so you recommend I don't challenge the photo copy ?


If I move on from that then what case can I make from here ?

They said that the photo copy is proof that I agreed to the terms etc. and the case was closed and that there would be no more correspondence on their part.

How do I proceed from there ?



P.S. Thanks for your advice.

If i were you i would ring the FOS.

Did your letter from Capital One say it was their final response? If it did then you can ring the FOS - explain everything to them and they will help.

This is where we are at at the moment - there`s no guarantee you will get the refund but the FOS will weigh everything up as the above poster explained (sorry cannot remember how to spell your profile name...Dunsto something!)

I can post the FOS contact number for you if you need it

saraanddarren

roonaldo wrote: »

Yes its cobblers. It would also be a pretty poor sales practice if (e.g) Halifax told you to go to say HSBC to buy the insurance. Also a Halifax advisor would only be able to advice on its own products.

I haven`t got a bloody clue!!!

I was hopeless at sales and often used to tell my customers at the pet shop where i worked that the stall on the market had the same product for cheaper and off the customers went!!!!! - but then i was paid a crappy flat wage as a Saturday girl and wasn`t on commission! :rotfl:

PNPSUKNET

if I was you I would only metion the ppi to the fos, because if you mention the other they will think that your just trying it on. Have you arranged to pay the rest of the debt? Its not a normal action to get a claims management to look at credit card agreements unless its to get out of paying

TheRealDeal_2

The debt is owed but not been made an issue out of for over a year when the CMC had it declared unenforceable.

They offered to get the PPI but having learned of here I said no thanks and proceeded to reclaim it myself.

They did say it was their final response.

When I go to the FoS Should I mention this photocopy with the ticked box or not ?

I really don't know what to say to the FoS if Cap one are going to use that as evidence and I don't have anything to help me on my part.

tiggrae

saraanddarren wrote: »

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

I think what you're referring to is the financial Service Authoritys' Insurance Conduct of Business Sourcebook (ICOBS) 5.3.3 which states:

If an insurance intermediary informs a customer that it gives advice on the basis of a fair analysis, it must give that advice on the basis of an analysis of a sufficiently large number of contracts of insurance available on the market to enable it to make a recommendation, in accordance with professional criteria, regarding which contract of insurance would be adequate to meet the customer's needs.

which has been interpreted to mean if you're giving advice on the taking out of an insurance policy - you should have sufficient knowledge of a whole range of policies available on the market

tiggrae

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.

if you honestly didn't know you had the insurance (ie you didn't ask for it ) then I would say take your claim further to the Ombudsman Service - my experience of Capital One is that they inveriably turn down every claim made to them (mbna used to do that until they were fined for not properly investigating claims and now they uphold just about every claim )