Capital One have rejected my PPI claim

Purplepixii

Hiya

As expected, Capital One has rejected my PPI claim. They say that:

1. I ticked the PPI box as they don't pre-populate tick boxes
2. I didn't speak to a representative (true - I applied online)
   
3. That there was no implication that my application for a card would be refused without the PPI box being ticked
4. As PPI was sold on a "non-advised basis" it was not apropriate for them to advise me of alternative products on the market

In my initial claim letter I requested that PPI be removed from my account - they've replied and said that it is still active on my account and that I must call them to remove it (I guess a letter asking for its removal is not sufficient????)

The Capital One letter also says that this is their "final response in relation to this matter" and that I can contact the FOS if I disagree.

So, I just wondered, is contacting the FOS my last resort or should I use the Stage 2 - Follow Up complaint letter?

Many thanks
Sarah

di3004

Purplepixii wrote: »

Hiya

As expected, Capital One has rejected my PPI claim. They say that:

1. I ticked the PPI box as they don't pre-populate tick boxes
2. I didn't speak to a representative (true - I applied online)
   
3. That there was no implication that my application for a card would be refused without the PPI box being ticked
4. As PPI was sold on a "non-advised basis" it was not apropriate for them to advise me of alternative products on the market

In my initial claim letter I requested that PPI be removed from my account - they've replied and said that it is still active on my account and that I must call them to remove it (I guess a letter asking for its removal is not sufficient????)

The Capital One letter also says that this is their "final response in relation to this matter" and that I can contact the FOS if I disagree.

So, I just wondered, is contacting the FOS my last resort or should I use the Stage 2 - Follow Up complaint letter?

Many thanks
Sarah

Hi Sarah.

Personally I would cancel in writing, and keep a copy, post it at your post office and keep a check on the status of delivery.

If this was not the final decision, you can write to them again with any further information you may have, normally in the final response they give details of the leaflet via FOS.
If they have done this, then you can of course make the complaint to the FOS by either downloading the complaints form from their website, or ring them and ask them to send one in the post.
Good luck with this.;)
http://www.financial-ombudsman.org.uk/consumer/complaints.htm

roonaldo

These are easy for the banks to defend because you applied for it willingly. Its also not a single premium policy which are most often upheld as they are bad products.

From their point of view, they did not sell it to you or provide you with any advice, therefore it sounds like your complaint points were flawed as the onus was all on you. Because you were not told you had to take it to help your application and aslo whether the sale was advised or non advised they had no obligation to tell you of products on the market that it does not sell (this is a myth that they should)

For your complaint to be upheld, there needs to be a reason why you could not have the PPI.

dunstonh

Cant see any mis-sale here and looks like an easy one for the lender to reject.

As expected, Capital One has rejected my PPI claim. They say that:
I ticked the PPI box as they don't pre-populate tick boxes
I didn't speak to a representative (true - I applied online)
That there was no implication that my application for a card would be refused without the PPI box being ticked
As PPI was sold on a "non-advised basis" it was not apropriate for them to advise me of alternative products on the market

You selected to have it (your choice). You applied online under DIY (so you take on the responsbility). As you spke to no-one you cant claim you were forced. Its non advised so you cant claim bad advice. They do not have to tell you about alternative products on the marketplace.

Sounds like you used a template letter. That just made the rejection even easier.

So, I just wondered, is contacting the FOS my last resort or should I use the Stage 2 - Follow Up complaint letter?

You have failed to give a valid reason for mis-sale. Having PPI is not a mis-sale. Its how it was sold to you that can be. This wasnt sold to you. So, why do you think you were mis-sold?

As it stands you cant see the FOS overruling the decision and if you have used a template letter and the responses are in direct relation to points you raised, then you have harmed your position if a balance of probabilities decision needs to be made as you are clearly not credible. Please dont take this the wrong way. I am just responding in the way the complaint would be looked at.

amersall

I advocate writing a letter in your own words if you have valid reasons for a mis sell. The template letter, in my opinion is too long and sometimes you dont have all the info that is needed to fill this in. All the claims i have made were with short letters and to the point, that i was mis sold this ppi because.. and given my reasons. This was sufficent in all the claims i made (had the account numbers of course, and won 2 for a friend of mine with just the settlement figures!!). With reference to the op, i won a case of mis sell with a internet application because i had the agreement that clearly shows the box was not ticked for ppi, but they put the ppi on anyway. So if the op has the agreement and the box is not ticked then this would be the way to go. On the other hand, if the box is ticked then this is a no go. On saying that, a friend of mine had the agreement and the box was ticked, but looked like it had been added when the agreement was sent to her, so i would be very wary of this.