Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder smeeagainybff Novitiate



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    Default Rejected PPI and Plevin - Capital One

    I had a Capital Oneicon Platinum card on which i paid PPIicon
    - i used the templatesicon from the Martin Lewis pages to complain

    was rejected on the grounds that when I transferred a balance to this card in march 2000 i ticked a box to request PPI.

    They attached a photocopy of the said form showing this box 'ticked'

    - however I had had the card for a couple of years before transferring this balance and had not had PPI
    (as far as I am aware but I don't have records going back to those dates) and would not therefore have specifically requested this on a balance transfer.

    Their argument is that I selected it,
    the information was there
    and I had a 30 day cooling off period in which to cancel it.

    Unfortunately this decision was also upheld by the Ombudsmanicon.

    I am aware that I can not revisit this although I am annoyed about this

    I phoned them yesterday to enquire about the Plevin vs Paragon case to raise a claim for overpaidicon commission and was told by their representative that I would have had a letter if I qualified.

    Is there any way to find out what rate of commission Capital One was receiving and how do I go about making a claim in the event it was greater than 50%?


  2. #2
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



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    Default Re: Rejected PPI and Plevin - Capital One

    was the tickbox typed or hand?

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  3. #3
    Basic Account Holder smeeagainybff Novitiate



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    Default Re: Rejected PPI and Plevin - Capital One

    Quote Originally Posted by dx100uk View Post
    was the tickbox typed or hand?
    It was a 'Short Application Form' and the tickbox was filled in by hand


  4. #4
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    Default Re: Rejected PPI and Plevin - Capital One

    application forms are not agreements.
    who did it
    was it pre ticked by a rep or you did it expand...

    have you sent them and SARicon before you even started the PPIicon claim let alone a plevin claim?

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  5. #5
    Basic Account Holder smeeagainybff Novitiate



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    Default Re: Rejected PPI and Plevin - Capital One

    I am not sure what you mean by a SARicon
    - I had tried unsuccessfully to claim missoldicon PPI in June 2015
    - which they rejected as they advised that I had entered into a non advised sale and had selected the box for PPI
    - they produced a photocopy of the form to support this,
    this tick was manually added in a printed box
    however I have no recollection of selecting this box as I had previously not requested or needed PPI.

    I took my complaint to the fosicon who in sep 2016 upheld in favour of Capital Oneicon.
    They did however advise in a letter dated April 2017 that there may be a further avenue to recover some of this money due to the Plevin VSicon Paragon ruling.

    As a result of this I revisited the paperwork and found that the Short Application was not actually for a new card but to transfer a balance (at their invitation) to an existing card which I am 99.9% certain that I was not paying PPI on.

    I am not sure whether this would have made any difference but the bottom line is that based on the original information the FOS does not believe it was missold.

    On re-reading the final decision letter from Capital One
    I became aware there are some statements about the sale which I find questionable
    - they state that at the point of 'applying for the card' in March 2000
    (which is incorrect - I was requesting a balance transfer from another credit card to my existing account with them in response to a invitation letter from them which appears to show a different account/reference number)

    I had selected the box to advise that I wished to apply PPI to my account,
    I had already held my account with them for around 12 months prior to this which I believe was not subject to PPI.

    They claim that:

    "you purchased PPI at the point of applying for a credit card with Capital One"

    (this as stated was incorrect I was not applying for a card)
    and that on acceptance of the application details of the terms conditions and full policy containing details about cooling off was then sent to me
    - which I have no recollection of receiving.

    They also advise that my postal application contained details about the cost of PPI,
    however as already stated this was in response to an invitation from Capital One to carry out a balance transfer at 0% interest which I am fairly certain did not contain any documentation to this effect.

    The final statement also refers to a non advised sale which means that they had no obligation to check my suitability/eligibility/existing cover/alternative policies/demands and needs/or disclose any benefit or additional information in relation to commission paid to the sellers.

    I feel very annoyed that they seem to have introduced a loophole where they were able to stealthily introduce this policy based on completion of a form for a transaction on an existing account, and that the ruling appears to have been based on the provision of documentation which would have been appropriate to an application for a new account.

    I appreciate that it is not now possible to revisit the initial PPI claim in light of the additional information
    but I now wonder if the statement about this being a Non Advised sale may also preclude me from pursuing a claim based on the Plevin judgement.

    When I called Capital One a couple of days ago their representative in the PPI claims department advised that if I was eligible I would have had a letter,
    however this is not the case.

    While I am disappointed not be be able to recover the PPI paid over the 9 years from the balance transfer in March 2000 to October 2009,
    when I realised I was paying it and cancelled the policy,
    I would like to think I could recover at least some of it via the Plevin ruling.

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  6. #6
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    Default Re: Rejected PPI and Plevin - Capital One

    an SARicon gets you all the documentation and everything they hold on YOU
    inc letters phone callsicon, statements etc everything.

    I would be minded to do that.

    theres nothing to stop a new claim with new info regarding the PPIicon mis-sale.

    likewise plevin has no relevance to if/if not the PPI was a non advised sale or not
    it solely hinges upon the fact of how much commission they pocketed.

    but it will be a win on one or the other not both.

    either a new PPI mis-sale claim will win
    or a plevin claim will win.

    pers I think the sar will be the key to all this

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  7. #7
    Basic Account Holder smeeagainybff Novitiate



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    Default Re: Rejected PPI and Plevin - Capital One

    Great - thank you



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