Capital One Failed claim - Please Help

saraanddarren

tiggrae wrote: »

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

You say it so much better than i do! :T

tiggrae

saraanddarren wrote: »

You say it so much better than i do! :T

why thank you - been at this for quite a while, so have learnt a little along the way!!

saraanddarren

tiggrae wrote: »

why thank you - been at this for quite a while, so have learnt a little along the way!!

I really appreciate the back up on my `theories` cos i haven`t a clue and am winging it really!

Having noticed your sig. do you have a good success rate?

tiggrae

saraanddarren wrote: »

I really appreciate the back up on my `theories` cos i haven`t a clue and am winging it really!

Having noticed your sig. do you have a good success rate?

very good - if a claim get's turned down we move onto the FOS for our clients, have only had one turn down on ajudication and that's been challenged and esculated n behalf of a client and is with the ombudsman now for final decision

saraanddarren

tiggrae wrote: »

very good - if a claim get's turned down we move onto the FOS for our clients, have only had one turn down on ajudication and that's been challenged and esculated n behalf of a client and is with the ombudsman now for final decision

That`s smashing - i`m so glad to hear that there are good guys out there doing right by there clients...... mentioning no names here....ahem.....loancheck...ahem

Honestly though - i wish i`d known of you 3 years ago

Well done and good luck!!!!

TheRealDeal_2

tiggrae wrote: »

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 )

Ok I will go ahead and take it to the FoS but like I said in my last post I am concerned about this photocopy of the ticked box, this they will no doubt show to the ombudsman and I just need some guidance on how I can combat this as I genuinely did not know I had it and I am dam sure I never ticked that box.

So how can I be best prepared to fight this and what should I say to the FoS ?

I've never used the FoS how do I do it ?

tiggrae

TheRealDeal wrote: »

Ok I will go ahead and take it to the FoS but like I said in my last post I am concerned about this photocopy of the ticked box, this they will no doubt show to the ombudsman and I just need some guidance on how I can combat this as I genuinely did not know I had it and I am dam sure I never ticked that box.

So how can I be best prepared to fight this and what should I say to the FoS ?

I've never used the FoS how do I do it ?

you'll need to fill out the FOS Consumer Questionnaire and a complaint form

standard documentation for PPI complaints

designed to encourage more efficient, co-ordinated and consistent handling of PPI complaints across the financial services industry

• consumer questionnaire [in Word format]
  for consumers bringing a PPI complaint (either to a business or to the ombudsman service)

our complaint form

These forms can be filled out on-screen – or printed off and filled out by hand. You will need to sign the completed form and post it to us with any relevant paperwork.
complaint form – "Word" format [267 KB]

just tell them what you've told us about having no recollection of ticking the box and you believe it was 'ticked' for you

roonaldo

tiggrae wrote: »

very good - if a claim get's turned down we move onto the FOS for our clients, have only had one turn down on ajudication and that's been challenged and esculated n behalf of a client and is with the ombudsman now for final decision

Ombudsman would probably agree with adjudicators decision, after all the adjudicator goes by guidance the ombudsman provides.

TheRealDeal_2

tiggrae wrote: »

you'll need to fill out the FOS Consumer Questionnaire and a complaint form

standard documentation for PPI complaints

designed to encourage more efficient, co-ordinated and consistent handling of PPI complaints across the financial services industry

• consumer questionnaire [in Word format]
  for consumers bringing a PPI complaint (either to a business or to the ombudsman service)

our complaint form

These forms can be filled out on-screen – or printed off and filled out by hand. You will need to sign the completed form and post it to us with any relevant paperwork.
complaint form – "Word" format [267 KB]

just tell them what you've told us about having no recollection of ticking the box and you believe it was 'ticked' for you

Thanks a lot for your help, its really appreciated.

kev79_2

i am new on here , but i also had my claim returned from capital one saying that i ticked the box requesting ppi . and they sent me the photocopy to prove it . now i have had a number of cards , and two mortgages and always refused ppi . so i know that i wouldnt have ticked the box on the form . but what makes alarm bells ring in my head is that when i look at the photocopy of my application , the said `tick` requesting ppi looks nothing like any of the other ticks on the form . i will admit that my handwriting is not the greatest and my ticks are quite scruffy shall we say and the `tick` requesting ppi just looks too perfect and sticks out like a sore thumb as they say . so i am wondering if anyone out there has anything similar to add before i go to the fos ?