Capital One state they will not relook at previous rebuked complaint

dgwarks

I made a claim for mis-sold PPI in 2011 with several credit card providers that I had a PPI policy with. MBNA upheld my complaint on two of my three cards but not my MBNA American Express card (the relevance to this additional info will become clear). Capital One did not uphold my complaint (even though this was the one card I thought was 100% mis-sold in the telephone conversation I had with the agent at the time as I was not told that if I were to go self employed I would not be covered). I was pretty annoyed but owing to some personal turmoil in my life at this time had not the will or inclination to fight.
Schroll forward 7 years and with all the press and the great man Martin saying time was running out to seek recompense, I recontacted MBNA and Capital One to re-apply for a mis-sold PPI investigation. After responses from both to say they had acknowledged my application sent through the MSE Resolver portal link I waited - within a few weeks, MBNA contacted me to say that they had reviewed my application and stated that they periodically review applications and had now decided to uphold my complaint and apologised for the delay and are sending a cheque for a not insignificant amount of money - thanks Martin! However, at a similar time Capital One sent a letter saying that after receiving my Plevin complaint they enclose a cheque for a few hundred pounds but if I felt that I had been mis-sold the policy then I could apply using the details on the letter! 1. I APPLIED FOR A MIS-SOLD PPI POLICY and NOT A PLEVIN COMPLAINT! In my eyes this ignoring my clearly stated application for a mis-sold PPI policy was a way of paying as little on the policy/claim as they could. I called them to 'inform' them of this error and they said that I could pay the cheque in as this amount would be taken off any mis-old payment of PPI amount. Fine I said and asked for the Capital One representative to transfer all the application details to the appropriate department which she shai she was actually doing as we spoke - great - and she said that as they had all the info in the account I would be hearing from them within 15 days. Fifteen days came and went and no correspondence so I called. The representative left the line for several minutes and then stated that they would not be upholding my complaint and that I should have been told this! I asked for a transcript of my original application in 2003 which will I am sure completely vindicate my point that at no point in the conversation was I told I would not be covered if I had to go self employed due to redundancy (which happened!) and that any covering payment would not immediate. I am still waiting for this... I have now received a letter stating:
1. We sent a final response in July 2011
2. We will not change our decision
3. We feel the FOS is unable to arbitrate in this case as we believe this complaint to be TIME BARRED
The reason we feel this is due to DISP rule 2.8.2 which states:
The ombudsman cannot consider a complaint if the complainant refers it to the FOS if:
1. More than 6 months after the date on which the respondent sent the complaint its final response or redress determination; or
2. More than:
a. 6 years after the event complained of; or (if later)
b. 3 years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint.
As we responded to the mis-sell complaint in July 2011, more than 6 months have passed and our decision on this matter will not change!!!
UNBELIEVABLE...
So Capital One, why did the excellent and honest MBNA not trot out the same 'excuse' to try to get out of their responsibility of recompense - you anger me beyond belief.

Has any body else suffered this type of response from Capital One or any other firm and can you please tell me what I can do! Thank you all for reading through my droning!!!

dunstonh

Capital One state they will not relook at previous rebuked complaint

May as well start with the answer - they are correct. Once a complaint decision has been given, you have 6 months to appeal it at the FOS if you disagree. If you dont then the firm is not required to look at it again in the future.

However, at a similar time Capital One sent a letter saying that after receiving my Plevin complaint they enclose a cheque for a few hundred pounds but if I felt that I had been mis-sold the policy then I could apply using the details on the letter! 1. I APPLIED FOR A MIS-SOLD PPI POLICY and NOT A PLEVIN COMPLAINT!

Capital one response is correct. A rejected complaint results in a plevin check.

In my eyes this ignoring my clearly stated application for a mis-sold PPI policy was a way of paying as little on the policy/claim as they could.

Doesnt matter what you think. The rules are laid out.

I asked for a transcript of my original application in 2003 which will I am sure completely vindicate my point that at no point in the conversation was I told I would not be covered if I had to go self employed due to redundancy (which happened!) and that any covering payment would not immediate. I am still waiting for this.

There was no requirement for recordings in 2003. Plus, where recordings are taken, they are typically held for 5-6 years.

All this doenst matter as your complaint was not reopened.

As we responded to the mis-sell complaint in July 2011, more than 6 months have passed and our decision on this matter will not change!!!
UNBELIEVABLE...

It is not unbelievable at all. Indeed, it is the correct response and in accordance with the rules. This was always going to be the most likely outcome.

So Capital One, why did the excellent and honest MBNA not trot out the same 'excuse' to try to get out of their responsibility of recompense - you anger me beyond belief.

MBNA have found issues on complaints and have been going back over old ones to review them. Your second complaint could have been rejected just as cap one have. However, you were on the list to recheck and they brought it forward and decided to change their mind.

please tell me what I can do!

You give up using the regulated complaints process as you are timebarred and no-one to complain to. You could go to court if you wish but that comes with cost risks.

dgwarks

Thanks for your advice and knowledge on this matter and appreciate you putting me right over the ‘unbelievable’ statement I made, but lack of knowledge and frustration got the better of me!! Guess if they had provided the information re being out of time when they responded to me with a Plevin cheque on my second mis-sold PPI attempt and not said I COULD apply if I felt that I had been mis-sold in that same letter and the adviser putting the info too, then maybe I wouldn’t feel so confused and annoyed.

[Deleted User]

dgwarks wrote: »

Guess if they had provided the information re being out of time when they responded to me with a Plevin cheque on my second mis-sold PPI attempt

Do realise that when you made your 2011 complaint the Bank will have informed you then that your complaint failed and that you had only six months in which to refer it to the Ombudsman.

In less than a year now NO ONE will be be able to make a PPI complaint whether they've complained in the past or not.