Unaware of PPI on Capital One CC

melanieK80

My husband applied for CapOne Credit card in Jan 2007 over the phone.
He was not aware of PPI being added until he called a month ago to ask. He requested details of the PPI payments but after a few chase calls he eventually recieved a PPI Complaint questionnaire asking when he was sold/how he was sold etc. However this is not relevant as he did not even know he had it.

When he applied he was working full time, and also registered self-employed but not earning.
During the time he had the card he was diagnosed with depression and was signed off work for three months. Shortly after his return to work he was made redundant. He then started defaulting as he had no money to pay it which made his depression worse. Numerous calls were made to Capital One to try stop the default charges etc. but they refused and the money owing spiralled out of control. This went on for about a year.

When I met him he was being threatened with court etc so I called to sort it out. They agreed to stop adding charges as long as we met the agreed repayment. I paid it all off for him as it was a huge worry on his mind.

Never once did Capital one point out that he has PPI and that he could make a claim. Should they have done? Had he known this I am sure he would have done.

Can he reclaim his PPI? And/or all the charges they added for defaulting during hs uneployment?

How should I proceed if I was to claim? Do I fill in their PPI form or return it blank with a PPI Claim letter using a template?

Nasqueron

melanieK80 wrote: »

My husband applied for CapOne Credit card in Jan 2007 over the phone.
He was not aware of PPI being added until he called a month ago to ask.

It would have been on every single monthly statement where he didn't pay off the balance in full, listed as a separate charge - not checking statements is not an excuse.

melanieK80 wrote: »

He requested details of the PPI payments but after a few chase calls he eventually recieved a PPI Complaint questionnaire asking when he was sold/how he was sold etc. However this is not relevant as he did not even know he had it.

Simply state he doesn't remember - they accept people's memory fades. I believe with Cap One most were added in a telephone call after the card is activated i.e. they would ring up and ask if he wanted it with a sales pitch and he would have agreed to it. It's a complete lie/myth supported by claims companies that it would just be added in secret - the very first statement he got with a balance would have it written in black and white and if he didn't agree he would logically have rung up to complain about this extra charge on his very first statement. If you get your statement and it seems you have paid something you don't recognise you check your memory, email history and ring the bank ultimately to dispute it.

melanieK80 wrote: »

When he applied he was working full time, and also registered self-employed but not earning.

If working full time in PAYE then there is no issue with the cover

melanieK80 wrote: »

During the time he had the card he was diagnosed with depression and was signed off work for three months. Shortly after his return to work he was made redundant. He then started defaulting as he had no money to pay it which made his depression worse. Numerous calls were made to Capital One to try stop the default charges etc. but they refused and the money owing spiralled out of control. This went on for about a year.

When I met him he was being threatened with court etc so I called to sort it out. They agreed to stop adding charges as long as we met the agreed repayment. I paid it all off for him as it was a huge worry on his mind.

Never once did Capital one point out that he has PPI and that he could make a claim. Should they have done? Had he known this I am sure he would have done.

Not sure if they are required to tell him, possible the team you were speaking to didn't know.

melanieK80 wrote: »

Can he reclaim his PPI?

He can complain he felt it was miss-sold however the idea that he didn't know he had it lacks credibility as he would have to admit he never read any of his statements and never knew what he was paying - which in itself is not a miss-sale reason.

Cap One may well have records showing how it was applied for and may even have scripts or phone recordings showing how it was sold so you would have to be careful what you claim on the complaint form - stating it was added without his knowledge is nonsensical.

melanieK80 wrote: »

And/or all the charges they added for defaulting during hs uneployment?

The bank's charges were ruled lawful in 2009 in the supreme court case. There are occasionally (very rarely) cases where people have tried to take on banks in court for these charges but it's a risk you would have to balance up

melanieK80 wrote: »

How should I proceed if I was to claim? Do I fill in their PPI form or return it blank with a PPI Claim letter using a template?

Fill in their form, be honest on what you remember. Don't try and add unprovable nonsense about it being added without his knowledge

dunstonh

He requested details of the PPI payments but after a few chase calls he eventually recieved a PPI Complaint questionnaire asking when he was sold/how he was sold etc. However this is not relevant as he did not even know he had it.

It is relevant as a complaint about not knowing is weak. It also lacks credibility when 100 statements have been issued showing it being paid.

Never once did Capital one point out that he has PPI and that he could make a claim. Should they have done?

The person dealing with it may not have known.

Can he reclaim his PPI? And/or all the charges they added for defaulting during hs uneployment?

You can put the complaint in and fill out the questionnaire and wait and see.

magpiecottage

dunstonh wrote: »

The person dealing with it may not have known.

Assuming the person dealing with it had access to the statements, I think they ought to have spotted it and initiated a claim.

So I think that would seem to be a valid complaint.

Of course, if it is rejected then that would suggest that the policy was unsuitable all along.

So there may be a heads the consumer wins, tails the bank loses scenario.

melanieK80

Apologies for the late reply.

He has recieved his account information now.

The original agreement was applied online (without PPI). At the side of the agreement were crosses and ticks which indicated where he needed to sign and tick, and notes at the bottom explaining to tick if PPI required. The agreement was sent, signed and returned with the optional PPI unticked.

On system note there was transactions noting PPI signature unsucessful, and various notes relating to PPI not returned.
However 7 days later the PPI was added, so I can only assume it was added after a phone call.

He was made redundant and he wrote a letter to CapOne explaining this, which they sent him and income and expenditure form. He filled in and returned with a cover letter explaining that although he was registered as Self-employed musician he was not earning anything. Within a month they had cancelled PPI off his account without any notice.

I understand the 'not knowing he had it' excuse is lame, but he was young and naive at the time and was his first card, he didnt know what was needed etc. and I certainly think if they had asked him about his self-employment at the time off adding PPI he would have told them. I will send a letter and see if they can send me a transcript of the phone call.

Thank you

-taff

PPI will not pay out for depression or mental illness. It should have paid out for redundancy though, although this only covers a period he wasn't working and was signed on too. If he didn't sign on then he wouldn't have been covered.

You could either go for missold PPI or make a complaint about his [non]claim.


If he made them aware that he had been made redundnant by letter and also that he was signing on at the time then that would show he wasn't aware of it or he would have used it....even if it is stretching the bounds of belief as far as statements go etc.