Capital One CC PPI claim rejected

thehistorygirl

Recieved a final reply from Cap 1 regarding my PPI complaint. Basically they are saying that I took the cc out in a phone conversation and that the ppi was on a non-advised basis. I actually applied for the credit card online but do not have any paperwork left to prove this. I'm a bit rubbish with personal admin! Because they arw saying i took the cc out over the phone they are saying that the policy was was introduced to me during this conversation, explaining the features and exclusions and this would have allowed me to make a conscious decision about taking out this policy. I know this is a lie as I distinctly remember that I did not take the card out over the phone. How do I prove this was the case? And what would my next steps be now?

dunstonh

Basically they are saying that I took the cc out in a phone conversation and that the ppi was on a non-advised basis.

Are you sure they are saying the card was sold that way? Normally, the Cap One response is that they PPI was sold over the phone. (which most of theirs was)

thehistorygirl

Yes, the letter states that the cc was taken out in a telephone conversation and the optional ppi was also taken out during this call. They have not sent a transcript of this conversation though. Since my first post I have been reading up on Subject Access Requests and was wondering if i submitted one of these they will provide evidence of alleged phone conversation? The account is still active, although I had the sense to cancel the ppi when this whole selling scandal broke back in 2007.

-taff

Did they say the card was sold over the phone or the PPI was sold over the phone?

Was this phone call to 'activate' the card?

thehistorygirl

Both. Card was applied for over the phone (it wasn't, it was on the web) and the ppi was sold during the same alleged conversation. Think they are trying to fob me off.

-taff

If you are arguing that they got it wrong, and you bought it online, then your complaint fails on the fact that you chose to have it because you chose to have it, no-one advised you to buy it.

Your only next step is to complain to the FOS, you can send a SAR or not, it may show you applied for it online, but then you're in the boat of you chose it.

Capital One also have the lowest overturn rate at the FOS . One reason is because their phone selling script has been accepted by the FOS as being an accurate representation of what their sales staff followed.

thehistorygirl

My argument is not necessarily that they got it wrong, although I'm sure they have, rather that I did not have a conversation with anyone from Cap1 regarding PPI - I applied online and would not have chosen to take PPI out so how did I end up paying it for nigh on 6 years? If they are unable to provide me with a record of that telephone conversation which is how they say I agreed to PPI, then it must have been added without my consent. They have not provided any evidence of this conversation therefore I have reason to believe that this is a standard fob off letter.

dunstonh

rather that I did not have a conversation with anyone from Cap1 regarding PPI

That weakens your complaint as you were not sold to if they didnt speak to you. It means you chose to buy it.

I applied online and would not have chosen to take PPI out so how did I end up paying it for nigh on 6 years?

An argument of that basis is stronger when made shortly after the application. However after 72 statements, that argument lacks a lot of credibility.

If they are unable to provide me with a record of that telephone conversation which is how they say I agreed to PPI, then it must have been added without my consent.

You are the one making the allegation. The onus is on you to prove it didnt happen. If they say it did.

They have not provided any evidence of this conversation therefore I have reason to believe that this is a standard fob off letter.

The majority of their PPi sales were made after application. Typically over the phone when the card was activated. What evidence do you have to counter that?