Capital One Rejection 18th April 2013

mickey2012

Hi Guys,

I submitted a PPI Claim against Capital One, as at the time I genuinely felt it was missold to me when I took it out.

I couldn't even remember agreeing to it in the first place, and having submitted a claim they responded in April 2013 saying that they felt it was not mis-sold.

I was recently clearing out my old stuff, and came across the reply letter from them who said that they considered their decision to be final, and that I had 6 months from the date of the letter (April 2013) to put my complaint to the FOS- which I didn't.

I still believe it was missold, as the response states that I took out the credit card in 2001 and later "purchased the policy during a telephone conversation on 21st January 2003...your PPI was cancelled in January 2009" I don't remember the exact circumstances of the call, but the letter even states that "Our role was to introduce the features and benefits of the product and to provide sufficient information for customers to make their own conscious decision" I doubt they have a recording of this call, but I suspect it was tagged onto the end of a call "before you go Mr N I would like to talk to you about PPI"

Are there any circumstances where I can submit a fresh claim if I still feel I have a genuine claim? And will the claim be allowed?

dunstonh

Are there any circumstances where I can submit a fresh claim if I still feel I have a genuine claim? And will the claim be allowed?

No. You get one opportunity to complain and 6 months to appeal it with the FOS. After which you barred from the FOS and the firm no longer has to consider any future complaints you make on this subject unless you have material new evidence which is highly likely to change the outcome.

junkyarddog

I'm sure I had a claim with Morgan Stanley, but gave up in the end. Similar circumstances. I got money back elsewhere tho' so not totally empty handed ;-)

magpiecottage

Coincidentally, I met a FOS "outreach" team today. I was told that they are very strict on applying the limit if asked to. The rules have changed with effect from July but for one from before then, they will contact the business and ask if they are prepared to waive the time limit if it has been exceeded.

If the business says "no" - and as FOS said, they cannot say any reason why they wouldn't, they would only consider it if there were exceptional circumstances such as "being in a coma" or bereavement.

As dunstonh says, material new evidence MIGHT be sufficient but it would need to be evidence that could not have been available to you previously.