Capital One purchase protection question

[Winnie Wotsit]

I recently bought my daughter an ipod nano, which she lost on the bus. We believe it may have fallen out of her bag .

I have two questions regarding claiming for loss on the cards purchase protection policy.

A: Can I claim for this kind of loss ? ( the policy infers I can, but then it has the reasonable care clause ? )

B: One of the excluded items are " cameras, video equipment, camcorders and accessories " Where do I stand when the ipod nano records video ?

Full policy wording is here : http://www.capitalone.co.uk/web/images/reskin/pdf/ppi_policy.pdf

[rebel11]

Hi Winnie

 

I've moved the thread to the General Consumer Forum, I'm sure one of the experienced guys will be along to advise soon.

[buzby]

Loss due to carelessness of the cardholder is also usually excluded. However, as you bought it, and someone else lost it - I can't see how any protection attaches.

[Winnie Wotsit]

Loss due to carelessness of the cardholder is also usually excluded. However, as you bought it, and someone else lost it - I can't see how any protection attaches.

 

I would have thought any kind of loss that doesn't include theft would be seen has carelessness. I'm racking my brains to see how you could lose something while being careful ?

[buzby]

It's all done by degrees, there's a line between careless and reckless, and it is the underwriters who decide where this is drawn. But the OP it hoping to claim for loss that was incurred by a third party, and it is this that I feel will be the problem.

[Winnie Wotsit]

It's all done by degrees, there's a line between careless and reckless, and it is the underwriters who decide where this is drawn. But the OP it hoping to claim for loss that was incurred by a third party, and it is this that I feel will be the problem.

 

I've finally had a chance to establish what may have happened. The zip broke on the pocket of her bag which was holding the ipod and her phone. The phone she has no insurance for and has already bought a replacement. Cap 1 indicates in its policy that I can claim if the item was bought on my card and was given as a gift. So assuming they accept the loss has an accident ( i.e the zip broke on her bag ) and not carlessness then I just have to establish if the item is seen has video or photographic equipment ( which is excluded from cover ). Principly, its an mp3 music player, but has it takes videos I'm unsure.

[buzby]

Fingers crossed then that they accept it was a gift - as for the ability to video, I believe it has to be the primary purpose of the item, not simply an 'ability' to. Looking at a current iPhone, it is a GPS, MP3 player, Camera, Video, Compass, Scanner, TV....... it's never ending!

[Winnie Wotsit]

Fingers crossed then that they accept it was a gift - as for the ability to video, I believe it has to be the primary purpose of the item, not simply an 'ability' to. Looking at a current iPhone, it is a GPS, MP3 player, Camera, Video, Compass, Scanner, TV....... it's never ending!

 

Many thanks.

I double checked with Cap 1 and they're happy regarding the item being a gift, however, I think there might be debate regarding the situation of the loss. The carelessness descriptor could be a sticking point. Without clear boundaries, it's always going to be difficult in deciding what is a careful loss and what is a careless loss.

I would say careless is leaving it on the seat of the bus, careful is knowing you put it in a secure zipped pocket only to find later on that the zip failed. But opinions maketh the decision makers in all walks of life.

[Winnie Wotsit]

Ok, can anyone offer a way forward on this :

 

Cap 1 are saying it's a careless loss and will not pay out. It appears there are no clear guidelines to what is careless and what is careful.

 

If she had left it on the seat of the bus then I would fully understand and agree with Cap 1's position that she was careless. My daughter took precautions to avoid the loss of the item by keeping it in a zipped secure pocket of her handbag, she wasn't careless that the zip failed and the item fell out.

 

Is it worth taking any action against Cap 1 or just view these insurance policies has a useless addition that aren't worth the paper they're written on. I've been with this CC company for many years and have spent ITR of around 150k with them and this is the first ever claim.

 

 

The irony is, I'm only with them because of this benefit. I may as well change to a cashback card .

[buzby]

To be honest, it was always a long shot. On the balance of careful/careless, the prospect of an item in a zipped pocket somehow 'falling out' would fails the first test of credibility. How did the zip open itself, did it burst open - if so what led to it? This time of 'all embracing' insurance is simply marketing, it exists, but its value is equal to the value you paid out for it. (Nothing!). As you discovered, they'll lean heavily on disbelief unless you can prove otherwise with a verifiable scenario, like being mugged - for example.

 

An existing home insurance policy might be more sympathetic for goods whilst not at home. Also, has she checked with the transport firms lost and found? Ours has an incredible number of MP3 players and phones never collected!

[Winnie Wotsit]

To be honest, it was always a long shot. On the balance of careful/careless, the prospect of an item in a zipped pocket somehow 'falling out' would fails the first test of credibility. How did the zip open itself, did it burst open - if so what led to it? !

 

 

Looking at it, I would say it was general wear on the zip. Some of the teeth appear to have not locked in.

 

. Also, has she checked with the transport firms lost and found? Ours has an incredible number of MP3 players and phones never collected!

 

She found it missing within minutes of getting of the bus, because her phone was also missing it was another 10 minutes before she could ring the bus station from home. The bus garage radio'd the driver to ask if he could look the next time he stopped. They reported back that nothing was found.

 

 

I find one thing strange, 'nothing was found' , even a pack of Polo's, some make-up and spare headphones. In the time it took to get of the bus and for the driver to take a look ( approx 20-30 mins ) every single item had been picked up.

 

 

I went online and fully paid up the card today and I've sent a letter cancelling the account. I will walk away from it and take my custom elsewhere. I know brand loyalty doesn't mater in this day & age, so you have to vote with your feet.

 

 

Thanks for the advice regardless.

[buzby]

Shame. They just can't account for other passengers thieving stuff before it gets to the L&F. It's also not helped by conductors now not checking for lost items at the end of each route. (Probably because there aren;t any any more, and drivers resent doing it!). Sorry for her loss regardless, I think a new security-zipped jacket is called for!