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Capital one ppi claim rejected

Hello All,

I would be very grateful if someone could advise me. I applied for a capital one credit card in 2005 over the internet and got to the part which stated PPI i wasn't to sure what it was all about so contacted them and they said because i didn't get sick pay at the time from my employer i would need to take the PPI out incase i couldn't make payments if i was off sick. I explained i had some savings which i could use if needed but they stated i should still take it out,. They sent me my agreement for the credit card and said to sign the PPI agreement otherwise i may not get the card. I have still got the credit card 7 years later and last month sent the ombudsman questionnaire to capital one. I received a letter back yesterday saying it has been rejected and they sent me a copy of the application with my signature on and the box ticked. Can i take this further? as they did tell me on the phone i would need to take it out. Not sure what to do from here and any advice would be grateful.

Thanks
Aims

Comments

  • dunstonh
    dunstonh Posts: 117,702 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Can i take this further?

    You can. However, Capital One have only an 11% overturn rate at the FOS. In other words, in 89% of cases in the last monitoring period, the FOS agreed with Capital One.

    A verbal allegation is the weakest form of complaint. If there is no evidence to support that verbal allegation and everything else is in order then the complaint is normally rejected. So, what evidence do you have to support your allegation that you were told to have it?

    BTW, being told you should have it is not the same as being told you must have it.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • mel_mel_2
    mel_mel_2 Posts: 8 Forumite
    Hope you dont mind me crashing your post. I need help with Capital One!!

    I sent off and asked for a copy of my credit agreement and terms and cons and had a letter back saying they have no obligation to give me these details under section 78 of the consumer credit act.

    Where do I go from here?

    I am in the process of getting my current account statements to see if it shows me paying the PPI on there but am a bit stuck where to do now!!

    Thanks

    Mel
  • dunstonh
    dunstonh Posts: 117,702 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I sent off and asked for a copy of my credit agreement and terms and cons and had a letter back saying they have no obligation to give me these details under section 78 of the consumer credit act.

    Where do I go from here?

    the £1 method under section 78 of the CCA only applies to open accounts. Not closed accounts.
    Where do I go from here?

    Why did you want the agreements?
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Cas425
    Cas425 Posts: 3 Newbie
    Eighth Anniversary First Post Combo Breaker
    edited 14 May 2012 at 2:23PM
    I have also had a claim rejected by capital one. Aparently I had populated the box requesting ppI,although i dont remember doing so and they never provided me with any insurance documents at the time. They said PPI would not have been added if i had ticked no and at the time of aplication i met the eligibilty criteria for the policy. However i have been told by a friend that as they didnt provide me with dicuments at the time and tthey never game me an oppertunity to "Opt Out" i can apply again. Is this right as my original claim was last year
  • dunstonh
    dunstonh Posts: 117,702 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    However i have been told by a friend that as they didnt provide me with dicuments at the time and tthey never game me an oppertunity to "Opt Out" i can apply again. Is this right as my original claim was last year

    Your friend is not correct. You get one bite at the complaint cherry. You then have 6 months to refer that complaint to the FOS if you disagree with it. After 6 months, you lose your access to the FOS and any further attempts to complain can refer you back to their original response.

    They will say they did issue it. What evidence do you have to say it wasnt? That is going to be your problem with that argument.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • BANKBANDIT_2
    BANKBANDIT_2 Posts: 136 Forumite
    SNAP
    I have just called cap one today my prob is the same as yours even same year . I called them and was told no point in claiming as I ticked box !!! Whis I dont remember doing.
    They have now cancelled the ploicy I didnt even know I had.
    Not sure if its worth all the effort if they are going to say no. :( 7 years of paying something I didnt even now I had. not happy
  • jdm52
    jdm52 Posts: 44 Forumite
    I also had a Cap1 card in 2004 & PPI payments were added onto the statements each month, it was only after being made redundant in 2007 I got in touch with them to see how I could make a claim. I was asked a lot of questions whether it was voluntary or compulsory etc & when I explained it was officially compulsory due to NHS cutbacks but the NHS had given me a package giving me my pension as I was over 50 & had worked with them for over 10 years that the advisor said as I had received a lump sum I could therefore make my monthly payments or pay off my balance. Maybe so but what was the point in having PPI & paying out all that money each month?
    I did pay off my balance eventually but feel I was initially mis sold the policy in the first place.
    I sent off the questionnaire in Sept 2011 & they sent me a rejection letter & a copy of my application form where there was a tick in the box (I can't honestly remember doing so) but it does state in the event of sickness & redundancy.
    If any one can advice me what to do next I'd be grateful as it's really bugged me over the years at having to pay for something which wasn't needed.

    PS I sent exactly the same questionnaire to Barclays re my loan they not only paid me for that loan but went back to old loans from 2001 so well done Barclays.
  • jdm52
    jdm52 Posts: 44 Forumite
    Sorry to be a pain but is there any advice anyone can offer me please re the above
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