Capital One PPI

iancass

Hi,

I am at a bit of a loss with regard to a PPI claim against Capital One. My ticked the box on the form believing not knowing but it was but was a condition for the account. We challenged this and explained it was done in error believing it was a condition of the card. Our PPI claim was refused on the grounds that my wife had said she wanted this during a phone call. My wife remembers the phone call as it being implied if she did not take PPI then account would be closed and could affect her credit rating. I asked Capital One to supply me the phone call as part of a DSAR request. Cap 1 had mailed us implying they had this but then admitted they has no phone call. As part of the DSAR request summary notes were sent to us. I requested the phone call again and was told it had been deleted but it was in the notes. I checked the summary notes and asked for an expansion of the summary note. I was sent the summary again. I asked for the notes on the telephone call to be sent to me and again was sent the summary notes. Eventually I was told that this was the Cap 1 advisor (who was probably on commission) opinion. I did have to go to the data regulator to get this information and has taken over 3 years so far. I asked capital 1 to correct this with my wife's recollection and they refused because this would mean looking at the PPI claim. I had used your resolver service to open with the FSA but again I am waiting for them and have been for around a year to tell me if they will go forward. The data registrar suggested taking Capital One to court to have this corrected which is fine but before I begin this and if we are successful in court does capital one the need to look at my wife's ppi claim? Sorry this is condensed version. I read thread on ticking the ppi box incorrectly but again Capital One does not accept that as an excuse.

Please let me know anything you can advise with.

Thanks

iancass

Sorry please ignore my post above and can a moderator delete it.

iancass

Hi, I am at a bit of a loss with regard to a PPI claim against Capital One. My wife ticked the box on the form believing but not knowing that it was a condition for the account. We challenged this and explained it was done in error believing it was a condition of the card. Our PPI claim was refused on the grounds that my wife had said she wanted this during a phone call with a capital one advisor. My wife remembers the phone call as the capital one advisor implying if she did not take PPI then the account would be closed and could affect her credit rating. My wife was in a rental property so concerned she may lose her property let. I asked Capital One to supply me the phone call as part of a DSAR request. Cap 1 had mailed us implying they had this but then admitted they had no phone call. As part of the DSAR request summary notes were sent to us. I requested the phone call again and was told it had been deleted but it was in the notes !! I checked the summary notes and asked for an expansion of the summary note with regard to the phone call. I was sent the summary again. I asked for the notes on the telephone call to be sent to me and again was sent the summary notes. Eventually I was told that this was the Cap 1 advisor (who was probably on commission) opinion of the call. I did have to go to the data regulator to get this information and has taken over 3 years so far. I asked capital 1 to correct this with my wife's recollection and they refused because this would mean looking at the PPI claim. I had used your resolver service to open with the FSA but again I am waiting for FSA for the last year inform me if they will go forward. The data registrar suggested taking Capital One to court to have this corrected which is fine but before I begin this and if we are successful in court does capital one the need to look at my wife's ppi claim? Sorry this is condensed version. I have read thread on this site about ticking the ppi box incorrectly but again Capital One does not accept that as an excuse and have no evidence to support the call except a person's opinion. 

Please let me know anything you can advise which may help.

Thanks

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[Deleted User]

Could you summarise the issue?  It's really hard to follow 

You say you have complained to the FSA via Resolver - but have you exhausted the Cap One complaint process? If so, your next step would be FOS, not the Food Standards Agency. 

But they won't amend internal notes based on your wife's memories. Is that your complaint?

[Deleted User]

When you have to tick a box on the application form (assuming it was online or a un-ticked paper form) that is considered "opt-in" not "opt-out" i.e. she chose to take it out. A hearsay complaint on the grounds she claims she was told something was always doomed to failure as evidence is king. The FOS accepts opt-in tick boxes as fine and evidence that the customer wanted the product, only opt-out would be a problem. They will obviously not update their system to say that your wife was told it was required as you have no evidence of this

Call recordings are rarely kept a long time, it may be a matter of weeks or months, certainly not years after the fact 

Credit card staff were not on commission, how could they be when it's an opt-in that your wife had already chosen?

Taking Capital One to court to get notes that may not even exist is pointless, a DSAR complaint should go to the ICO anyway not the Food Standards Agency. Even if you meant the FCA who deal with finance, they don't look at DSAR complaints or individual cases

I am surprised capital one haven't time barred the PPI complaint (not claim) anyway, they may well do so if the complaint fails the 3/6 year rules

dunstonh

My wife ticked the box on the form believing but not knowing that it was a condition for the account. We challenged this and explained it was done in error believing it was a condition of the card. Our PPI claim was refused on the grounds that my wife had said she wanted this during a phone call with a capital one advisor. 

Unless you buy a product under advice, then you cannot complain about bad advice.   in this case, your wife bought it under a misconception but Cap One didnt do anything to give her that opinion

My wife remembers the phone call as the capital one advisor implying if she did not take PPI then the account would be closed and could affect her credit rating. 

She has a fantastic memory to recall that after all these years.   But is her recollection accurate?

 I asked Capital One to supply me the phone call as part of a DSAR request. Cap 1 had mailed us implying they had this but then admitted they had no phone call. 

You wouldn't expect a recording for most PPI sales as it predates that sort of thing in most cases or it would only be held for around 6 years.

 Eventually I was told that this was the Cap 1 advisor (who was probably on commission) 

Very unusual for them to be on commission.  It is probably best to avoid making such allegations.

. I had used your resolver service to open with the FSA but again I am waiting for FSA for the last year inform me if they will go forward.

Resolver doesn't put it with the FCA.  it sends the complaint to the provider.  If you reject the complaint outcome, then you have 6 months to refer it to the FOS.  The FCA never get involved.

The data registrar suggested taking Capital One to court to have this corrected which is fine but before I begin this and if we are successful in court does capital one the need to look at my wife's ppi claim?

The data registrar is partly talking out of their backside.  However, that is not unexpected as they would not be expected to know about the FCAs complaint rules.  However, you can still take Cap One to court but it can be expensive if you lose and your wife's opinion about what was said in a phone call is not strong evidence after all this time.

 I have read thread on this site about ticking the ppi box incorrectly but again Capital One does not accept that as an excuse and have no evidence to support the call except a person's opinion. 

Your wife is responsible for her actions.  Not Cap One.   There has to be a wrongdoing and you cannot evidence any wrongdoing.  Ticked boxes rarely succeed as a complaint reason unless its wording suggests it is mandatory or poorly worded.  The FOS know what the forms said and which ones were poorly worded or not. So, if the FOS aren't upholding the complaint then its pretty much game over.

iancass

Thank you all for the comments they have been very helpful. It feels like it is probably game over.