Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Whoever you are refering to will have been fined by the FSA for serious breaches in financial industry regulations and guidelines, the FSA obviously have little faith in their ability to treat customers fairly and provide good service with adequate systems and procedures to ensure this is achieved. The FSA imposes not only heavy fines but a demand that the organisation stops doing what it was doing and makes improvements.
The FSA will have been monitoring their activity prior to imposing the fine, taking into account the extremely high level of customer complaints (to the fos, FSA and through the Courts) and if they continue to provide poor service then you are extremely shocked and disappointed in particular at their their wholly inappropriate refusal to acknowledge the need to improve the service they provide, in particular to yourself.
Threaten them with court action and let them defend their position there ...
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
Whoever you are refering to will have been fined by the FSA for serious breaches in financial industry regulations and guidelines, the FSA obviously have little faith in their ability to treat customers fairly and provide good service with adequate systems and procedures to ensure this is achieved. The FSA imposes not only heavy fines but a demand that the organisation stops doing what is was doing and makes improvements.
The FSA will have been monitoring their acitivity prior to imposing the fine, taking into account the extremely high level of customer complaints (to the fos, FSA and through the Courts) and if they continue to provide poor service then you are extremely shocked and disappointed in particular at their their wholly inappropriate refusal to acknowledge the need to improve the service they provide, in particular to yourself.
Threaten them with court action and let them defend their position there ...
Thank you,This was Capital One credit card PPI telephone sales in 2005-2006 and we were mis sold in 2003.
Thank you , I would love some help as I am not sure that the fact that they have been fined is reason enough.
When I asked about the PPI they sent me this letter:
We sold the PPI to you during a telephone conversation on the 10th MAY 2003. Capital One ensures that our telephone scripting is clear, fair and not misleading.You were asked for your consent to hear the limited version of terms and conditions, which I've concluded for your reference, whilst on the call, and to receive full details in the post immediatly afterwards. The product is optional and this was made clear to you.
I have requested details of this telephone call as this was 2003 and I can't remember the details.
Have you requested the telephone conversation transcript as part of a SAR? If so, have you requested all the other information they hold on your account?
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
Have you requested the telephone conversation transcript as part of a S.A.R - (Subject access request)? If so, have you requested all the other information they hold on your account?
I already have the statements so I was just asking for the information regarding the phone call,shall I request a full SAR minus statements?
I would request a full SAR. You never know what they might send you. For my husbands, Egg sent a telephone transcript of him asking PPI to be removed and them declining. My husband had no recolection of it so they really snookered themselves.
Agree with Dyanomo, request all the info they hold on all accounts you have or may have had with them. £10.00 is the maximum statutory amount payable for such a request.
If you have already paid this fee, then I would request the info stating that they have received the maximum amount chargeable and you are requesting the remainder (or shortfall) in info. See how this goes.
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
Got a reply today from Cap 1 and they do not have a copy of that particular call.
"We sold the PPI to you during a telephone conversation between April and May 2003. We only recorded a proportion of calls at that period and we do not have a copy of that particular call. Capital One is authorised and regulated by the FSA for the sale of insurance. We are required to ensure that our telephone scripting is clear, fair and not misleading. In accordance with the FSA requirements for a telephone sale of insurance you were asked for your consent to hear the limited version of terms and conditions whilst on the call, and to receive full details in the post immediatly afterwards. The limited versions of T&C disclosed during the call were designed to enable you to make an informed choice about the product by including reference to the inclusions of the policy. The policy was optional and this was made clear to you.
Questions are asked to determine eligibility for the PPI product during the phone call. You received the full policy document, which included full T&C and policy summary immediatly after the conclusion in accordance with FSA requirements for telephone sale of insurance. This contains a full list of exclusions. You also received a certificate of insurance which set out costs and start date of the policy.
Capital One is not authorised to provide advice in relation to insurance products.Capital One would not therefore have made a recommendation that you should take out PPI, or advised you that the product was suitable.
You received a 30 day cooling off period in which you could cancel the policy free of charge.
Capital One has procedures in place to monitor the sale of PPI over the telephone. Our associates use scripts and are trained to avoid giving advice to customers. We undertake quality checks to ensure sales are made in a compliant manner.
As we have sold you the PPI correctly and will not be refunding any premiums."END QUOTE
They seem to know an awful lot about a phone call they haven't got!
And if they are so good why were they fined?
The T&Cs they sent had charges at £12 so weren't 2003.
We had Life Insurance at the time.
I will try and address the points made your quote in red my response in blue.
Got a reply today from Cap 1 and they do not have a copy of that particular call. Probably because it would be disadvantagious for them to produce it (Call me Cynical then)
"We sold the PPI to you during a telephone conversation between April and May 2003. We only recorded a proportion of calls at that period and we do not have a copy of that particular call. If they try and produce this later use their letter as evidence that the call did not exist!. Capital One is authorised and regulated by the FSA for the sale of insurance. We are required to ensure that our telephone scripting is clear, fair and not misleading. In accordance with the FSA requirements for a telephone sale of insurance you were asked for your consent to hear the limited version of terms and conditions whilst on the call I would now insist they provide the proof of this request if they have no transcript and the call was not recorded they will have some difficulty in producing evidence, and to receive full details in the post immediatly afterwards. The limited versions of T&C disclosed during the call were designed to enable you to make an informed choice about the product by including reference to the inclusions of the policy. Ask if the exclusions were also mentioned they do not mention this! The policy was optional and this was made clear to you.
Questions are asked to determine eligibility for the PPI product during the phone call. You received the full policy document, which included full T&C and policy summary immediatly after the conclusion in accordance with FSA requirements for telephone sale of insurance. This contains a full list of exclusions. Yes no mention on the phone but included in incredibly small print later! ( The T and C's and Policy must be legible and easy to understand) You also received a certificate of insurance which set out costs and start date of the policy. Capital One is not authorised to provide advice in relation to insurance products.Capital One would not therefore have made a recommendation that you should take out PPI, or advised you that the product was suitable.
You received a 30 day cooling off period in which you could cancel the policy free of charge.
Capital One has procedures in place to monitor the sale of PPI over the telephone. So where is the monitor of your call?? Our associates use scripts and are trained to avoid giving advice to customers. Really good for a company providing loans then don't you think. We undertake quality checks to ensure sales are made in a compliant manner. We do this and we do that but not always As we have sold you the PPI I assume PPI is insurance then see all the largest print above correctly and will not be refunding any premiums. Well you could argue the point on this"END QUOTE
They seem to know an awful lot about a phone call they haven't got!
And if they are so good why were they fined?
The T&Cs they sent had charges at £12 so weren't 2003.
We had Life Insurance at the time.
Advice on my next step/reply please xxx
See all of the above write a really nice polite letter pointing out the conflicts within their own letter (written by someone trying to fob you off again)
Stick to your guns ask them to explain all the anomalies in their correspondence as you found the content full of conflicting statements. Also ask them to produce a demands and needs questionnaire or customer needs and wants questionnaire to ensure every aspect was covered on the telephone sale.
Don't think we were given enough information to make a decision and made to feel we had to have it. Wanted proof they had said it was optional and they had told us inclusions and exclusions.
Don't think we were given enough information to make a decision and made to feel we had to have it. Wanted proof they had said it was optional and they had told us inclusions and exclusions.
Very succinctly put You've got a wopping great gun there, so if I were the lender, I'd be inclined not to argue with you :grin::grin:
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
reply to fined companys
would see it that way?
Reply With Quote
Originally Posted by Paintball
, and to receive full details in the post immediatly afterwards. The limited versions of T&C disclosed during the call were designed to enable you to make an informed choice about the product by including reference to the inclusions of the policy. Ask if the exclusions were also mentioned they do not mention this! The policy was optional and this was made clear to you.
LF53
You've got a wopping great gun there, so if I were the lender, I'd be inclined not to argue with you :grin::grin: