A new way for Capital One to AVOID PPI PAYOUTS

rocketrocket

HI there,
I am new to these forums, so appologies in advance if I don't quite get this right.
I have read through countless other dicussions but cannot seem to find anything related to my issue.
Capital One sent a letter after my Resolver PPI complaint. The letter basically states:


1. not mis-sold PPI as your accepted this via telephone call
2. telephone call not recorded
3. Don't believe you have a case
4. BUT, we will refund £ from commission taken, under Plevin rule - with an amount of the refund they are sending me in 10 days.


My concern is this:


I can only claim one of either PPI or £ under the Plevin rule - NOT BOTH.


If they are sending this money out to me so quickly I am then unable to persue my claim for mis-sold PPI.


Is this 'crafty' on the part of Captial One? Or, am I just being cynical?


I haven't requested a SAR (in hindsight I think I should have done this first), so may not have all of the information to hand if I do want to proceed with a mis-sold claim before this 10 days. Captial One have said I need to escalate to the Ombudsman anyway.


What are your thoughts. Has anyone else had an offer for for refund under Plevin while trying to put their first claim in for mis-sold PPI?
I think this could be an issue, and a cheaper OUT for Capital One, perhaps?


Regards
rocketrocket

-taff

Capital one have a very low uphold rate due to haveing good records of when it was sold and the FOS usually agree with them.
You can still pursue your complaint with the FOS but they might not agree with you and any successful redress will see your Plevin payout removed.

dunstonh

I can only claim one of either PPI or £ under the Plevin rule - NOT BOTH.

That is not correct. All rejected complaints get assesed for Plevin. You can ask for Plevin only.

If they are sending this money out to me so quickly I am then unable to persue my claim for mis-sold PPI.

It doesnt stop you referring it to the FOS.

Is this 'crafty' on the part of Captial One? Or, am I just being cynical?

Capital One are acting correctly.

I haven't requested a SAR (in hindsight I think I should have done this first), so may not have all of the information to hand if I do want to proceed with a mis-sold claim before this 10 days. Captial One have said I need to escalate to the Ombudsman anyway.

A SAR wouldnt do you much good as Cap One didnt record their calls. They rely on a sales process which has been given to the FOS and the FOS have accepted as being the process used on the phone.

What are your thoughts. Has anyone else had an offer for for refund under Plevin while trying to put their first claim in for mis-sold PPI?

Your complaint with Cap One has been rejected. They have assessed it under Plevin as they are required to do and you qualify on that basis. This is all quite normal.

I think this could be an issue, and a cheaper OUT for Capital One, perhaps?

Or it could be you getting the completely wrong end of the stick and not understanding that the complaints process is regulated and follows a defined path.

Nasqueron

rocketrocket wrote: »

HI there,
I am new to these forums, so appologies in advance if I don't quite get this right.
I have read through countless other dicussions but cannot seem to find anything related to my issue.
Capital One sent a letter after my Resolver PPI complaint. The letter basically states:


1. not mis-sold PPI as your accepted this via telephone call
2. telephone call not recorded
3. Don't believe you have a case
4. BUT, we will refund £ from commission taken, under Plevin rule - with an amount of the refund they are sending me in 10 days.


My concern is this:


I can only claim one of either PPI or £ under the Plevin rule - NOT BOTH.


If they are sending this money out to me so quickly I am then unable to persue my claim for mis-sold PPI.


Is this 'crafty' on the part of Captial One? Or, am I just being cynical?


I haven't requested a SAR (in hindsight I think I should have done this first), so may not have all of the information to hand if I do want to proceed with a mis-sold claim before this 10 days. Captial One have said I need to escalate to the Ombudsman anyway.


What are your thoughts. Has anyone else had an offer for for refund under Plevin while trying to put their first claim in for mis-sold PPI?
I think this could be an issue, and a cheaper OUT for Capital One, perhaps?


Regards
rocketrocket

To address your points quickly:


1) No it's not a new way for them to avoid it, they are following the correct process of considering your case, coming to a decision then looking to see if Plevin applies as they rejected you
2) You can accept Plevin and still refer to the FOS and if they side with you, Capital One will refund all the premiums minus the Plevin payout
3) Their refusal seems valid - if they called you after the event and offered you it and you agreed that is perfectly legitimate. They will have a record saying you did this.
4) The lack of phone call recording is irrelevant, data storage at the time was more expensive and less comprehensive, it's perfectly normal to have deleted them over time. You are proving miss-selling, not them proving it wasn't, you need to provide proof this was not the case (e.g. you didn't agree to it).
5) Your case seems to be flimsy given what you said, we don't know your complaint reasons or proof given of miss-selling but their records seem robust enough to indicate you willingly took out the PPI and are now trying it on - if you didn't want it or know about it, why did you not complain after your first statement showing you paid it - that counts against you.
6) Again you can complain about miss-selling (not claim) and still get a payout in addition to Plevin if the FOS agrees with you. This does not stop a referral to the FOS, it's you being cynical (and misinformed)
7) A SAR won't do anything beyond showing you their records, you have 6 months to refer to the FOS
8) Capital One will have said you can, if you wish, refer to the FOS, they will not have said you need to
9) Yes it's turned out to be cheaper for them but they are required to look at Plevin after rejecting you, they don't just reject you and offer Plevin to try and save money

rocketrocket

Thank you for your responses.


I have taken this all on board - I must be cynical and full of dis-trust. But, I suppose that is not surprising given the level of PPI mis-selling for over a decade, and the number of accounts from customers whom believe: they thought PPI was comulsory; were complacent and did not think to questions charges on their accounts; sold PPI over the phone when activating a credit card (that was already activated)... the list goes on of these accounts that I have read.


There is a mine-field of information out there, and many people are looking for answers that fit their personal situation - not one solution will fit all problems.


I am grateful for those trying to provide the right level of information, minus the emotion - just the facts.


Like many, I will probably settle for the Plevin payout as I am just too exhausted to pursue this further (I have complained about PPI on a dozen accounts) - and consider myself lucky.


Self-pitying, cynical whinge over!



Thank you again for your information and replies. Much appreciated.

Nasqueron

rocketrocket wrote: »

Thank you for your responses.


I have taken this all on board - I must be cynical and full of dis-trust. But, I suppose that is not surprising given the level of PPI mis-selling for over a decade, and the number of accounts from customers whom believe: they thought PPI was comulsory; were complacent and did not think to questions charges on their accounts; sold PPI over the phone when activating a credit card (that was already activated)... the list goes on of these accounts that I have read.

People not questioning what they pay or agreeing to pay for things without understanding is caveat emptor, it's not miss-selling

rocketrocket wrote: »

There is a mine-field of information out there, and many people are looking for answers that fit their personal situation - not one solution will fit all problems.

I am grateful for those trying to provide the right level of information, minus the emotion - just the facts.

Hence sites like this can offer tailored advice

rocketrocket wrote: »

Like many, I will probably settle for the Plevin payout as I am just too exhausted to pursue this further (I have complained about PPI on a dozen accounts) - and consider myself lucky.


Self-pitying, cynical whinge over!



Thank you again for your information and replies. Much appreciated.

FOS referral takes 30 seconds, maybe you get nothing extra, maybe you get full, who knows