Anyone had any joy reclaiming ppi from capital one via ombudsman ?

ThisTime

Hi, i recently sent a complaint to Capital 1 about PPI.

We had a card with them which we took out in 2004 over the phone, it wasn't intill 2007 when we moved that we went through all statements and noticed we were paying for ppi each month, we hadn't been made aware of this ( and didn't want it ) so telephoned capital 1 and cancelled it straight away.

Capital one have declined our claim so i have just filled in the forms to send to the ombudsman.

Has anyone had any joy when taking it further ?


Thanks

safestored4

Why do you claim that you had not been made aware of the PPI when it would have been itemised separately on every single statement up to the point at which you cancelled it.?

dunstonh

Anyone had any joy reclaiming ppi from capital one via ombudsman ?

yes they have. However, cap one have one of the lowest PPI overturn rates at the FOS for PPI. In the last few reporting periods it has floated between 1 in 10 upheld to 1 in 4 upheld. They tend to be good at complaint handling. Hence why the FOS dont overturn many.

Capital one have declined our claim so i have just filled in the forms to send to the ombudsman.

Statistically, you are likely to fail. However, you may be lucky. The problem is that your complaint appears to be weak. You cant prove you didnt know it an 36 months of it appearing on the bank statements works against you. Also, potentially, they could have applied to time bar you from complaint as you have three years to complain from being reasonably aware of a problem. That ran out in 2010. So, I am surprised they havent used the time bar. Although they may well do so when the FOS look at it.

What evidence do you have that you didnt know about it? (i know you will say none as you cant prove that - so that point is an easy rejection. You will then largely be hoping to get lucky on another point. Although you havent mentioned any other more solid reasons).

ThisTime

Thanks for your replies.

Simply didnt check statements :mad:
it wasnt till we were arranging to move that we sat down and look at all paperwork that we spotted it.

I was hoping capital one would have logged our telephone call from back in 2007 as we stated then that we hadnt agreed to it /it wasnt even mentioned to us when we took the credit card out.

[Deleted User]

ThisTime wrote: »

I was hoping capital one would have logged our telephone call from back in 2007 as we stated then that we hadnt agreed to it /it wasnt even mentioned to us when we took the credit card out.

Even in 2007 it would have still been an unproveable allegation that the PPI was added without your knowledge and permission. You admit yourself that you didn't look at your statements.Three years on from the actual sale, it's far more likely that you simply forgot agreeing to it during the telephone call.
Now 10 years on, you want to use the call you made in 2007 as evidence. Even if they had "logged" the call, it would only be evidence that you cancelled the insurance not that it was added without permission.

If you do refer the complaint to the Ombudsman, you can expect to be waiting for around eighteen months (if the Bank does not apply the time-bar which Dunston mentioned above).

ThisTime

Ok, thanks.

I was hoping that they had recorded that we cancelled and that we told them then we hadnt requested it.

Have learnt to check statements properly from this anyway so at least that is one thing gained.

[Deleted User]

ThisTime wrote: »

I was hoping that they had recorded that we cancelled and that we told them then we hadnt requested it.

Even if they had a record of this call, this would only be "evidence" that you accused them of adding it without your permission, not that it actually was.

You still have no evidence that they actually did add it without your say so.

Time to move on from this. It's a myth (propagated by Claim Companies) that PPI was routinely added without the permission and knowledge of the customer. The much more likely truth is that (three years first and now ten years on) you've simply forgotten the initial telephone conversation in which you agreed to the PPI.

You have a weak and unproveable complaint.