Capital One auto added PPI?

dazza12

I've currently got a Capital One credit card which I've had since 2006/7.

I've been searching through my records and building up an idea of my history with this lender. I've found a letter that has brought up an interesting point.

The letter was sent shortly after I took the card out advising that I hadn't taken out PPI. This was intentional, it wasn't needed, wasn't appropriate (as I had an income protection policy in place, was self employed and had an excluded medical condition). I ignored the letter at the time as I had no intention of taking out what I didn't need. I have noted that on later statements (I've got all from late 2008 onwards) PPI has been charged. It was about this time I'd ran into a few financial problems and spent several months over my limit. I hadn't noticed the entry on the statement sandwiched by the default and overlimit feed charged. I subsequently noticed these last year and cancelled the cover.

When I called to cancel the cover, I enquired how it had been added. Apparently I'd rung specifically to add the cover. Although my memory can be a bit hazy at times, this simply is not true - bearing in mind I knew I specifically didn't need it then me ringing up just to add the cover is not only unlikely, it would have been particularly stupid of me.

In order to get the facts as to what exactly happened I've requested an SAR. However, it concerns me that this protection appears to have been added, where I don't seem to have opted for it.

How thorough are Capital One at providing information under an SAR? Is it likely that I'd be able to get a recording or transcript of the alleged call, or would I be relying on a note of a call?

[Deleted User]

You are very unlikely to get details of that telephone call as part of a SAR. I doubt you'll receive a transcript, let alone a recording!

A lot of PPI from Capital One was sold through a telephone call subsequent to taking the card, so it's very unlikely you would have instigated this call yourself.

dazza12

I get what you're saying, but knowing my stance on it at the time (and knowing I was paying out a small fortune on an income policy every month) I just would not have agreed to it.

Did they have a habit of adding on PPI during a phone call without subsequently getting the customer to sign a bit of paper? If so that's going to be hard to prove I didn't, if it's my word against theirs.

I guess I've got a bit of a fight on my hands with them.

[Deleted User]

dazza12 wrote: »

I guess I've got a bit of a fight on my hands with them.

Yes, Capital One have the lowest overturn rate at FOS of all the Banks.

dunstonh

From other posts, it is clear that Cap One did not record their calls. However, the FOS have accepted their sales process as what would have happened on calls unless there is another wrong doing or evidence of the call not going as intended.

One of the reasons Cap One has such a low overturn rate at the FOS is that they handle complaints fairly in general and most of the applications were post sale over the phone or involved no sales rep at all as it was selected on application.

magpiecottage

In view of the fact that the OP did not have cover initially, there may be a case for saying you never requested it and would not have knowingly agreed to it.

I would not spend the money yet, though!

dazza12

Looks like Capital One are completing their investigations quickly. I sent my complaint on 11th January, and had the outcome letter this morning. I'd posted the above only a few days ago as finding the 'You don't have PPI' letter had prompted me into finding out more just in case.

They've upheld my complaint. I've had to call them as they'd forgotten to include their breakdown sheet of premiums + interest referred to in their letter. I asked them for further details, due to the reasons I'd selected (self employed, pre-existing medical condition specifically not covered by the policy) they'd investigated - ironically it's the automatic upholds/declines that are taking the full 8 weeks.

Before I send my acceptance, I'd like to double check something. I have a few instances where I went over my credit limit, in most cases only by a few pounds. Am I correct in thinking that any penalties incurred as a result of the premiums' existance should also be refunded as per FSA/FOS guidelines? I've got enough of my statement history to work out which would have been affected (my fault, but without the premiums a number of them just wouldn't have been incurred as the balance would have been low enough).

[Deleted User]

dazza12 wrote: »

Looks like Capital One are completing their investigations quickly. I I have a few instances where I went over my credit limit, in most cases only by a few pounds. Am I correct in thinking that any penalties incurred as a result of the premiums' existance should also be refunded as per FSA/FOS guidelines?

No, your redress will be a full refund of any PPI you paid plus 8% simple interest.
Instances where you spent over your credit limit are still your responsibility and you will not be refunded for penalties incurred as a result.


Well done on your main success!:T