Capitol one PPI claim, the fob off

MXI

Hi, I have made a claim against Capitol One, I found I had PPI and I dont really want it at the price or at all.

Today I have had a thick envelope reply, giving me the info that I bought it and so tough, I can cancel it but thats it.

I dont remember this and they must have slipped it into the conversation, surely I should have had a proposal and signed it. I know I didnt as I wouldnt, all they prattle on about is I took it out on the phone and I was such an age and I quilified etc etc.

Its clear they are taking these claims seriously and are on damage control high alert. I confess I want this money as I feel it was sneaked in, I didnt ever get a letter about it untill a few months ago. They cant make this stick can they? What are my options? Anyone?

-taff

http://www.moneysavingexpert.com/reclaim/ppi-credit-card-insurance

[Deleted User]

MXI wrote: »

Today I have had a thick envelope reply, giving me the info that I bought it and so tough, I can cancel it but thats it.

Most Capital One sales of PPI were over the 'phone which, of course, entered you into a verbal agreement which is completely legal and not a reason to complain of mis-selling. The fact that you can't remember a conversation does not mean it didn't take place.

You can refer your complaint to the Ombudsman, but saying you've "never had a letter" is not going to gain you anything since the PPI would have appeared on every monthly statement when your account had a balance.

If you do decide to refer to FOS, expect the process to take around eighteen months...

dunstonh

Its clear they are taking these claims seriously and are on damage control high alert.

Cap One have a very good reputation now for complaints handling and have a very small PPI overturn rate at the FOS. If you look at the last year in two halves, they only had 5% of their PPI complaints overturned in the first half and 19% in the second half. Going back further, you will see figures consistent with that spread.

They cant make this stick can they? What are my options? Anyone?

Your complaint is weak. You lack evidence of wrongdoing and they have found nothing to support your view. You can refer it to the FOS if you disagree. You may get lucky but the stats are against you.

MXI

OK, Interesting stuff, I don't get paper statements. The PPI document came a few months ago. If they have to send a paper document to show the PPI status but not to accept it as a sale seems odd.

Also on a side note, I cant get onto the website to see my status. The tech heads at CO seem deranged and unable to figure this simple issue out.

Also the link above provides this
If you bought face-to-face or on the phone...
Here, the salesperson was responsible for ensuring you both understood the terms of any PPI and that the policy was appropriate. This also applies if you took out the policy online but were later called about the insurance, as often happened. This form of mis-selling has often been systematic, with staff being forced to sell policies or face lower pay.

So according to that, I have a case. Maybe I will try them again or set one of the bloodhounds onto them.

dunstonh

Here, the salesperson was responsible for ensuring you both understood the terms of any PPI and that the policy was appropriate.

Appropriate only means you were eligible to claim on the policy. It was non-advised so they dont have to check financial need.

So according to that, I have a case.

Cap One dont think you do. You havent said anything on this thread that indicates you have a case. So, why do you think you do?

Maybe I will try them again or set one of the bloodhounds onto them.

What would that achieve? They have given their response. You either accept it or you go to the FOS. However, if you go to the FOS, dont waste anyones time with pointless reasons or ranting. That wont get you anywhere. Focus on suitable reasons for complaint (if you have any).

MXI

dunstonh - I confess I dont like your attitude, I cant see any evidence of ranting and your attitude towards me is somewhat arrogant.

I came to this forum merely to see if I had a case, I am not an expert so I dont know. The other two posters at least were helpful.

My theory was this, I have no evidence of taking it out, I suddenly start getting statements, I respond and get a whole bundle of information telling me why I cannot claim back. It appears or appeared to me that I may have a case.

I dont just turn over and accept what they see, I feel I have a point. I have little evidence and so to me that is part of the case, where is the agreement. If I take out car insurance its done on the phone then a policy is mailed or sent to me. Surely anyone can see that here is a policy with no paperwork except for the ones recently received. Most insurance I know requires a signature.

Even this website states you need to send three letters. So do excuse me if I dont roll over and die.

if I dont have a case then I can live with that, but I am now suitably motivated to try my hand further.

sava05

Ha Ha , well said MXI.

McKneff

sava05 wrote: »

Ha Ha , well said MXI.

Very mature.............:cool:

If that is your whole contribution to this thread, why on earth did you bother.

OP, it is you now who is ranting. Get off your high horse and listen to people who know far more than you have forgotten.

Just do what you have to do.....

MXI

McKneff wrote: »

OP, it is you now who is ranting. Get off your high horse and listen to people who know far more than you have forgotten.

I can take advice, not accusations. I would have thought a professional would be less abrupt, terse, accusing and arrogant.

I am still not ranting.

Rant = a lengthy discourse by a single person, especially if irritated or upset.

its funny how the accusation of having a rant normally produces one. None the less, when stated I had not done one.

Also why do you attack someone who was displaying a element of humour. is humour banned here.

-taff

You have very little chance of overturning Capital Ones decision at the FOS because unless it was sold to you during dates where they identified a wrongdoing or were fined, the FOS will accept their phone script over your assertion that you knew nothing about it.

The PPI would have been on every statement with an outstanding balance, so even if you didn't get paper staements, it would have been on your online account plain to see.


Your only option now is to forward it to the FOS.

It might help if you read everything that has been written as information only, not as a dig, or as a sarcastic answer. It's all info here, this is not really a support board.