Capital One PPI - can anyone help?

arowrow

Hello!

I hope someone can help, Capital One are evading my every attempt to reclaim my PPI. I'll go into brief details and if anyone could help i'd appreciate it.

I took out a capital one credit card application over the phone in 2003. I don't remember the details as it was a long time ago, but I know at the time I was a temp and i'm fairly sure PPI wasn't discussed, I was under the impression it was just part of the agreement.

In about 2010 I attempted a PPI claim via one of those companies as I didn't have time to do it myself, it took about a year for the company to tell me that Capital One were refusing their every attempt and they'd given up - apparently capital one claimed to have a voice recording of me agreeing to PPI - unlikely, but I left it.

Recently I came and looked on here as I was thinking about trying again, I sent off the recommended template letter with my details and a cheque for £1 for the agreement, and requested a copy of the apparent voice recording. I recently received a reply, no mention of the voice recording but a copy of the signed agreement, there is a section in the contract about option PPI, to be honest its unlikely I read this at the time, I was 20 and believed all my application was over the phone, appreciate now I should have read it but I was probably not very sensible. I would assume that many people who have received PPI refunds from Cap One would have signed the very same contract?

Do I have a case? Should I pursue this, if so, how should I go forward? I have been and continue to pay PPI since 2003 so its a significant amount i've paid.

Any advice would be greatly appreciated as i'm not in the best place financially and could do with this refund, it seems unfair that I didn't fully understand what it was for or why I needed it yet i've paid it for 13 years anyway!!

[Deleted User]

arowrow wrote: »

Do I have a case?

Hardly.
The fact that you signed an agreement including PPI is pretty damning, I'm afraid. The fact that you signed this without reading it is not cause for complaint or indeed evidence of the PPI being mis-sold to you.

You appear to be trying to complain again based only on inaccuracies the Claims Company apparently told you. You can hardly complain to the Bank about the Claims Company! Also, you can't simply request voice recordings that may or may not exist. You can pay £10 for everything they have kept on file for you, however. (SAR)

You also mention that your original complaint took "about a year" which suggest the Ombudsman has already been involved. PPI complaints generally take around eight weeks..

In addition, you can complain only once and you will have already had the "full and final "response to your complaint several years ago ..

arowrow

Thanks, I do understand this - but assuming every Capital One customer at the time would have signed the same contract, and surely some of those have successfully claimed PPI?

dunstonh

I sent off the recommended template letter with my details and a cheque for £1 for the agreement, and requested a copy of the apparent voice recording.

Who recommended that? The £1 method is just for a copy of the agreement. It doesnt entitle you to anything else. You needed to use the £10 method.

I would assume that many people who have received PPI refunds from Cap One would have signed the very same contract?

In 2010, only 11% of Cap One rejected PPI complaints referred to the FOS were overturned.

Do I have a case? Should I pursue this, if so, how should I go forward? I have been and continue to pay PPI since 2003 so its a significant amount i've paid.

You have failed to give any reason for complaint in your post. So, its difficult to see if you have a case or not. However, you have already complained and were rejected. You had 6 months from that point to raise the complaint with the FOS if you disagreed. You didn't. So, you are effectively barred from another complaint unless Cap One volunteer to overrule the timebar and allow another complaint.

Nasqueron

Let this also be a lesson about the folly of using PPI claims companies - OP says they used a CMC as they didn't have time to do it themselves yet you can see how much work they are having to do given the CMC are being paid to do the claim!

arowrow

Ok, so the general consensus is not to bother... I couldn't really see the difference between my case and others who have received refunds though?

dunstonh

arowrow wrote: »

Ok, so the general consensus is not to bother... I couldn't really see the difference between my case and others who have received refunds though?

There are so many reasons why a complaint could be upheld or rejected. No two cases are the same. Then throw in auto-payouts and inconsistent decisions to muddy that water.

However, none of that really matters. In your case, you complained, you were rejected. You failed to refer to FOS within the 6 months and are now barred from another complaint unless the provider offers to reopen it.

[Deleted User]

arowrow wrote: »

Ok, so the general consensus is not to bother...

It's not a case of telling you not to bother. The point is that you have already complained and been rejected, you cannot simply go on complaining unless you have some new evidence which was not available in your original case. In addition, your logic for trying this again is flawed as you keep trying to compare your own complaint with those of others. Every complaint is dealt with on it's own merits (or lack of them).The only valid reason to have the complaint re-opened is if you have new evidence not in your original complaint, otherwise the Bank will simply reject any further communication from you on the matter.

You also haven't addressed why the original complaint took more than a year? Has the complaint already been adjudicated by the Ombudsman?...

Nasqueron wrote: »

Let this also be a lesson about the folly of using PPI claims companies - OP says they used a CMC as they didn't have time to do it themselves yet you can see how much work they are having to do given the CMC are being paid to do the claim!

Yes, this also raises the question of whether the CMC would still want a third of any redress, should it be awarded, on a potential re-opened complaint.

dunstonh wrote: »

You have failed to give any reason for complaint in your post.

I think it is safe to infer that the OP probably "complained" that he didn't know about the PPI, hence Capital One responding with a copy of the signed agreement including PPI.

[Deleted User]

arowrow wrote: »

I have been and continue to pay PPI since 2003

One last point, why have you not cancelled the PPI if you feel it was mis-sold?