PPI claim rejected based on somebody elses information

Del_Griffith

My wife has had a claim with Capital One rumbling on for some time now, due to a name change when we married (original card was registered with maiden name).
Despite sending them marriage certificates (which they lost) and adding relevant info in the original claim, eight weeks later they claimed that nothing could proceed due to the difference in name. Another batch of info was sent for a change to records and a repeat claim sent. Now, ten weeks on from this my wife has now recieved a rejection letter based on a total stranger who happens to have the same name. We now are sat with copies of this ladies initial credit applications and are no closer to a resolution ourselves some five months on.

Any advice on how to proceed here? I'm a little tired on capital ones incompetence at every stage so far, and a little concerned for data protection reasons how we have ended up with details for a completely different applicant? Should we be recontacting them and going through the whole three month process again (this will be claim number three for the same thing)?

dunstonh

Any advice on how to proceed here?

Go back to them and say they have supplied someone elses documents and it is a data protection breach.

Whilst the PPI complaint is unlikely to succeed (most Cap One complaints fail the FOS only overturn about 7% of them - edit - 7% is their overall overturn rate - for PPI it is just 6%) you may well get a couple of hundred quid out them for the data protection mistake.

Insider101

dunstonh wrote: »

Go back to them and say they have supplied someone elses documents and it is a data protection breach.

Whilst the PPI complaint is unlikely to succeed (most Cap One complaints fail the FOS only overturn about 7% of them - edit - 7% is their overall overturn rate - for PPI it is just 6%) you may well get a couple of hundred quid out them for the data protection mistake.

Wot he said.

Go back to them, state that these are not your wife's documents but someone else's and ask them to look at it again. If not, there is the option of FOS.

The main reason for the low uphold rate at FoS is that Capital One were fined by the FCA (or FSA as it was in those days) in 2005 for poor sales practices with PPI. It was one of the first big fines dished out by the FSA in relation to general insurance business. They undertook a pro-active redress exercise aimed at remediation to those who had previously been Mis- sold and their sales practices tightened up a lot from that date.

Therefore, they are also fair with their handling of complaints regarding the issue. So as per the post above, if you are still rejected then the chances at FOS are slim.