Anyone had a problem claiming PPI from Capital one?

kazza2011

Hi
After reading the guide on here about reclaiming PPI. My partner and I checked previous transactions with Capital one although the account is now closed but was taken out around 2005/6 and they show that he clearly was charged PPI and was unaware he even had taken it out. we wrote to Capital one using the standard letter on this site enclosing a £1 fee for them to provide original paperwork and terms and conditions as we no longer have these. They have replied by saying that as it was closed in 2009 and we paid off the balance under the consumer credit act 1974 section 78 they have NO obligation to provide us with a copy of these documents!!!! Please if anyone has had dealings with Capital one could they just confirm if this is their tactic to try and fob us off and what the best way would be to pursue this. Would really appreciate any feedback thanks.

ALIBOBSY

If you have the statements you can just bang the claim right in. TBH with most ppi claims the advice on here to do a cca £1 request isn't the best advice as unless the account is current and live they can refuse. If all the statements aren't held a better request is SAR (subject access request)-this asks for everything they hold relating to that account. Costs more but usually works better and once you reach the settlement stage you could ask for it back (I think most people just decide its worth the investment to get the bigger final sum tho lol).

TBH even if you don't have all the statements you can still bang a speculative claim in, but you don't have any way to check any settlement figures offered. The FOS have said that settlement offers should include a calculation, but most banks ignore this.

Capitalone will lie and obscure and pretty much do anything to avoid paying so you will likely need to go to the FOS.

Ali x

kazza2011

Hi Ali

Thanks for your reply. Do you think it would be worth sending a copy of the statements to them showing where the PPI has been charged in addition to the loan? but then how do we know thats it unless we see the original paperwork!!! So my best bet you think is to go straight to the ombudsman?? You would think as they have been named as one of the big companies who were penalised they would be more co-operative. thanks again.

karen

ALIBOBSY

You need to complain to capitalone about the PPI and get a response before you can go to the FOS. You either need to do the £10 SAR to get all the paperwork then the complaint or do an ombudsman questionare to capital one without the full info (don't need statements-they will soon tell you if no PPI was on lol. They will likely refuse and you will be off to the FOS,mine was recieved by the FOS last week so I am just ahead of you lol).

The advantage with having all the paperwork is being able to calculate the refund you should get, but you should be able to tell if the figure is somewhere in the right ball park anyway.

Ali x

kazza2011

You say send £10 SAR - what does the SAR stand for? sorry if that sounds dumb. I will send another letter with the payment although i did offer to pay this idf it was required. All they are doing is refunding my £1.

kazza2011

sorry Ali you did say initially what that was thats me not reading your reply properly. I will proceed with that. many thanks

suitable69

I claimed against cap one and they paid out it was very straight forward, just fill in the claim form (forget what its called) with your account number etc (thats all I did)

kazza2011

hi ya

yes but we do not have any paperwork just an account no and it is closed so they are trying to get out of it by saying legally as its closed they do not have to provide us with paperwork under the consumer credit act. I offered to pay the £10 for SAR but they just said no they didnt have to oblige. i believe its the ombudsman questionnaire which i know this site has a download off so will get it filled in and sent off. thanks for your input

saymum

I have just been advised that I will not receive a refund for PPI from Capitol One as they advised that I agreed to the insurance over the phone in 2004 when I activated my new card - I don't remember doing this as it was over 9 years ago - has this happened to anyone else ? are they fobbing me off ?

dunstonh

saymum wrote: »

I have just been advised that I will not receive a refund for PPI from Capitol One as they advised that I agreed to the insurance over the phone in 2004 when I activated my new card - I don't remember doing this as it was over 9 years ago - has this happened to anyone else ? are they fobbing me off ?

It is not a fob off. Most Cap One PPI sales happened that way. Cap one have a good reputation for complaint handling. Do you have any reason for thinking this is a fob off?

If you dont like the response you can refer it to the FOS. However, the FOS have accepted the telephone process Cap One used as being compliant and reject most complaints made against Cap One. If your complaint is a weak unprovable one (he said/she said) then you are likely to fail. If your complaint is a strong one (eligibility, work benefits overlap etc) then you have a good chance of overturn.

The latest complaint stats show the FOS only overturned 6% of complaint rejections in the last 6 months.

BazzaB1971

sorry to hijack but I too have had a letter from capital one stating that I purchased PPI when I activated a new card in 2003.

According to Capital One's details I applied for my credit card 12/97 via postal application where I indicated that I did not want PPI and then in 2003 I agreed to PPI via a new activation (something I do not recall doing). According to the letter I received I am called Bradley (not my name) and that I am 4 years younger than I actually am :O (I wish)

My point being that Capital One's investigation process is flawed where they can't even get basic facts correct.

Would I likely see any reversal in the decision if I was to contact the FOS and ask for their assistance?

Thank you for your time and help.