huntert7 Vs Cap one

[HunterT7]

Hi all just checking a few things as I can only find the initial template for claiming PPI.

I have sent initial request template to Cap One the have responded with the following, which I assume to be a template from them (to prevent pay out).





I Intend responding with the following having found the full FSA ruling against them (for info the link is here http://www.fsa.gov.uk/pubs/final/capital_15feb07.pdf)

Ms E Renshaw
The Executive Office
Capital One Bank
PO BOX 5281
Nottingham
NG2 3HX


Dear Ms Renshaw,


Account Number:



Thank you for your letter of 24 June 2008 which I received yesterday.


Having considered your response I am not satisfied with the explanation you have offered. During my application for your credit card I was offered the option of PPI. At the time of the offer the full terms and conditions were not available to me to make an informed and balanced decision with regard to your product i.e. PPI. It was only on receipt of the card that any terms and conditions may have been offered and as such this was following the conclusion of the contract.


As a matter of course when joining or signing up any organisation, company, or institution on-line I refuse to accept marketing material. While I do not have any evidence I know I would have done this when applying for my credit card and this is also sighted by yourselves and the FSA in the Final Notice as grounds for customers not receiving a copy of the terms and conditions for PPI which I do not believe I have ever received.


In the FSA ruling against you of 15 February 2007 the FSA found that between 14 January 2005 and 5 April 2006 Capital One bank breached the FSA terms in that the bank was:

1. failing to take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems (Principle 3); and

1. failing to pay due regard to the interests of its customers and failing to treat them fairly (Principle 6).

I consider that I was treated unfairly under the grounds that my account and PPI was instigated in the period quoted above and that during this period I was not given full terms and conditions of the PPI prior to conclusion of the contract. This is confirmed in the FSA's findings under Para 2.3 (4) of the Final Notice dated 15 February 2007:


the Firm failed to provide customers who purchasedd PPI other than by telephone with the policy documents prior to the conclusion of the contract.


The FSA also considered that it was practical for you to have done this and found as such in para 4.23 of the Final Notice:


To the extent that these contracts were concluded by post, the FSA considers the means of communication did enable the provision of the full policy terms and conditions in a durable medium prior to the conclusion of the contract. Capital One did not provide the full policy terms and conditions prior to the conclusion of the contract. The policy document was provided immediately after the conclusion of the contract as part of the pack which included delivery of the credit card.


My decision to purchase any PPI was made against the information I was given at time of purchase which I now know to have been incomplete. In response to your statement in your letter of 24th June that:


You received a 30 day cooling of period in which you could cancel the policy free of charge.


My decision to continue was based on the incomplete information I was given when initially taking out the PPI. At no time during the sign up and conclusion process was, or since, has it been highlighted by yourselves to me that the terms and conditions I based my decision to purchase on were different to those that were provided to me.


It is under the grounds above that I wish to claim a full refund of any PPI premiums paid against my account. In addition I also seek interest on these sums as I believe I have been deprived of this money and expect 8% statutory interest, the amount a court would award, to be added to each payment made.


Should you fail to comply with my request I reserve right to take the matter to court within the UK with a jursdiction of my choice and additionally place a further report against Capital One with the FSA.


I would also remind the company of the agreement made with the FSA and noted in para 5.17 (1):


(Capital One has also) agreed to review all declined claims relating to policies purchased since January 2005 and reconsider the claims in light of information provided or not provided to the consumer at the time of sale;


Finally, it was also sad to note that today when I phoned to cancel the PPI the Capital One staff tried to convince me to retain the policy without asking if I was adequately covered elsewhere and I was forced to interrupt the member of staff from their 'script' to get across that I wished to cancel the policy. They had failed to take note of the notices on my file and were intent on trying to persuade me to remain with the policy.


Yours

Does anyone think I should add to this or is this sufficient as a response.
(feel free to use this letter anyone else in same situation).

Thanks in advance

HT7

[alanalana]

hello huntert7,

As a matter of course when joining or signing up any organisation, company, or institution on-line I refuse to accept marketing material. While I do not have any evidence I know I would have done this when applying for my credit card and this is also sighted by yourselves and the FSA in the Final Notice as grounds for customers not receiving a copy of the terms and conditions for PPI which I do not believe I have ever received.

perhaps leave the evidence bit out it may give them a hint to keep on refusing your reclaim (just a thought).

I would also send their response to the FSA with the dates of your loan application to show if falls within the timescale when they were fined for mis-selling and tell cap one that you have done this.

Good luck

aa

[HunterT7]

Yeah sounds like a good idea will do that thanks

[Eve22]

Hi Hunter7

Any update on your situation?

I have myself just started this process with Capital One and am expecting the same letter back as you have received.

[HunterT7]

Yes, unfortunately almost a mirror of the previous letter but now they refuse to speak to me. I will scan a post a copy of the second reply tomorrow when I have a bit more time. Going to have to go through the ombudsman scheme, not enough money involved to take them to court. Will post more tomorrow hope you do better than I did, although they seem to want people to take them to court at the moment.

Just neeed to keep the pressure on. If you get the same response try my letter above as I didn't think they could contermand that. Also look at the FSA ruling against them as that has all the details and timeframes if claiming you no longer trust them.

ht7

[Eve22]

Thanks, I started my letter and then came across yours, they're quite similar anyway, both cross referencing to the FSA's ruling and so on. Gonna get it finished then send it 1st class Monday morning.
I'm not too confident as alot of the information on here confirms that they are willing to fight all the way

[oggy1]

hi reading your thread interests me,
i had the same letters and took them to court-
judge agreed they had followed the correct proceedure and did agree that the individual should have checked their rights so i think crap1 are confident at the moment.
somebody needs to win this ppi in court and have a better judge than me.