Capital One

red_fraggle

Hi, I'm new to the forum, so apologies if this has already been asked. After requesting and receiving a copy of the original application document from 2003, which clearly shows that 'No' was ticked for PPI, I sent a claim form to Cap One, using the FOS form as advised by the website. However I have now had a response from them saying that although I had ticked 'No' on the application, PPI was taken out during the phone call to activate the card. They can't provide a copy or transcript of the call and are now advising that my only option is to go to the Ombudsman - has anyone come across this before and/or have any advice on a next step please? Am a newbie to this so any advice will be very gratefully received, thanks in advance:wave:

dunstonh

However I have now had a response from them saying that although I had ticked 'No' on the application, PPI was taken out during the phone call to activate the card.

That is actually how most credit card PPI is sold. Especially Cap One.

They can't provide a copy or transcript of the call and are now advising that my only option is to go to the Ombudsman - has anyone come across this before and/or have any advice on a next step please?

There is no regulatory requirement to have a transcript or recording. However, Cap One. based on FOS complaint outcomes, do generally accept the generic sales process as being followed unless evidence suggests otherwise. Most of these type of unprovable cases end up being decided on whether you were eligible for insurance and whether it would have paid out in the event of a claim.

You havent stated what your complaint reasons were. It would help us if you did. It would also help if you said what the rejection reasons were by Cap one as well.

WatchMan

dunstonh wrote: »

Most of these type of unprovable cases end up being decided on whether you were eligible for insurance and whether it would have paid out in the event of a claim.

Or whether the policy represented good value compared to the policy holder's other means to make repayments.

Nasqueron

red_fraggle wrote: »

Hi, I'm new to the forum, so apologies if this has already been asked. After requesting and receiving a copy of the original application document from 2003, which clearly shows that 'No' was ticked for PPI, I sent a claim form to Cap One, using the FOS form as advised by the website. However I have now had a response from them saying that although I had ticked 'No' on the application, PPI was taken out during the phone call to activate the card. They can't provide a copy or transcript of the call and are now advising that my only option is to go to the Ombudsman - has anyone come across this before and/or have any advice on a next step please? Am a newbie to this so any advice will be very gratefully received, thanks in advance:wave:

You have 6 months from the rejection to refer to FOS if you do not accept the view of Capital One.

Remember the burden of proof is on the accuser, they have told you that you agreed to PPI on the phone when activating the card, if you disagree you have to prove otherwise. If you do not have any such evidence that side of the complaint is pointless to argue.

You may get lucky with an auto-payout at the FOS, they may defend it, who knows - just make sure you refer inside 6 months or they can time-bar it and you will go no further.