PPI claim rejected due to cca advice needed

hmmmn_nice

I've been trying to reclaim PPI charges for my Dad and have just had a complaint rejected by Capital One. They sent a copy of the CCA which shows my Dad ticked the box and signed next to where you want PPI.

I am sure he did not read the agreement correctly though and did not realise he had agreed to PPI. Since he's had this policy he been off work various times with ill health and never claimed he also had pre-existing medical problems when he took this card out.

So is worth going to the FOS saying he did not realise he had agreed to the policy or because he signed the cca does that mean FOS wont do anything?. Any advice you guys give would be appreciated.

dunstonh

So is worth going to the FOS saying he did not realise he had agreed to the policy or because he signed the cca does that mean FOS wont do anything?.

The first thing to realise is that documentary evidence is King. So, any verbal accusations which cannot be proven tend to be given little or no weight. In grey areas where neither side has any evidence, a balance of probability decision is then made. The fact he didnt attempt to claim when you had reasons to do so, suggests he may not have realised he didnt have it. However, it may also be that he forgot. Pre-existing conditions would only be an issue if the pre-existing condition voided the policy. The fact that Capital One havent upheld the complaint on pre-existing conditions suggests the pre-existing conditions were not severe enough to void the cover (assuming that the complaint mentioned the pre-existing conditions and what they were.

Mis-buying is not the same as mis-selling. Sounds like your father mis-bought. However, I would put this complaint in the grey category where you just wont know what the outcome is going to be.