Capital One PPI

sgr1234

Would I be able to claim I was mis-sold on my credit card. I know over the last 10 years or so that PPI was on my card, but I do remember on several occasions calling them and telling them to take it off my account as I didn't need this. They would do this, yet over the next few months or so, because I didn't always check my statement, PPI would appear on the statement again!

I remember calling them earlier this year again to complain that PPI was on my account, without me asking for it, and they stopped adding it to my statement.

Would I be able to reclaim for mis-selling a product I never asked for?

di3004

sgr1234 wrote: »

Would I be able to claim I was mis-sold on my credit card. I know over the last 10 years or so that PPI was on my card, but I do remember on several occasions calling them and telling them to take it off my account as I didn't need this. They would do this, yet over the next few months or so, because I didn't always check my statement, PPI would appear on the statement again!

I remember calling them earlier this year again to complain that PPI was on my account, without me asking for it, and they stopped adding it to my statement.

Would I be able to reclaim for mis-selling a product I never asked for?

Hi
Yes you can, also complain that you made attempts to cancel it and they failed to do this on many occasions.

All you do is complete the reclaim questionnaire on step 3 below, send to the head office or complaint dept of whoever sold you the account, save copies, good luck.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance#step3

sgr1234

OK received letter back today saying they can find no evidence that I was mis-sold PPI and they will not look into it any further. What do I do now? Is this the end of it or do I have to keep going back with my reasons?

magpiecottage

If they have kept putting it back on and/or not refunded it, I suggest you go to FOS now.

sgr1234

OK the letter actually states that I did not purchase it when I applied for the credit card, as stated on my signed agreement, however, they are saying I purchased it when I called to activate my card! Dont ever remember that - if I wanted it I would have ticked the box - my point was that I cancelled it around 2008 after my husband claimed on his, which he had major trouble with, due to the fact it didn't pay out of existing back conditions, something which I had. I was probably at faut too for not checking my statements, as I went electronic a couple of years ago and never paid much attention.

What do I do now, go back to them, they have stated its their final decison. How do I write to the FOS?

sgr1234

I eventually took my complaint to the ombudsman who upheld it, but also gave capital one time to appeal - which they did! They gave the ombudsman a copy of their "sales script" which they say would have been used when I took the PPI out over the phone!!! They state they dont ask if you have a pre-existing condition as their sales assistants aren't doctors and so cant advise if you should take it out or not! So the ombudsman are looking at it again but I dont know where I stand now - its my word against theirs!

dunstonh

sgr1234 wrote: »

I eventually took my complaint to the ombudsman who upheld it, but also gave capital one time to appeal - which they did! They gave the ombudsman a copy of their "sales script" which they say would have been used when I took the PPI out over the phone!!! They state they dont ask if you have a pre-existing condition as their sales assistants aren't doctors and so cant advise if you should take it out or not! So the ombudsman are looking at it again but I dont know where I stand now - its my word against theirs!

It is unusual for the FOS to rule against Cap One. It is around 11% of cases only. So, for Cap One to refer it to an ombudsman suggests they feel the adjudicator did not consider some key points.

The FOS have accepted the script used by Cap One. So, for this adjudicator to take a different view is unusual. Which probably accounts for the appeal.

Unfortunately, this probably means another year or two wait as there are not many ombudsman.

sgr1234

My feeling about the script capital one are using is that when I took the card out about 15 years ago, I doubt very much its contents were the same as the one currently being used!

dunstonh

sgr1234 wrote: »

My feeling about the script capital one are using is that when I took the card out about 15 years ago, I doubt very much its contents were the same as the one currently being used!

Quite possibly correct. The banks didnt tell their staff to lie to people either. However, the script has been accepted and just because some sellers may have broken the rules and gone too far, doesnt mean they all did.

In this country, any allegation has to be supported by the evidence. The FOS do look a little more consumer biased than the courts but the principle is similar that there has to be something that points to your story of events being the right one.

sgr1234

I finally got a letter from the FOS saying they had upheld my complaint. I then called Capital One and low and behold the next day I got a letter from them saying I was due £981 back. That letter was dated 18 March which in which they said they had 3 weeks to settle. Do they actually ever settle within the timescales they set or do you need to keep chasing. The woman I spoke to also said I would be repaid by cheque, I would have thought it would go on to my credit card to repay some of the balance on it.

dunstonh

Did they say why they are upholding it? It will help others if you could say as the FOS reject most Cap One complaints. So, something in yours bucked that trend.

Firms will settle relatively quickly if they decide not to appeal. It has to be passed around a bit internally but you are probably looking within a month.