Capital One PPI Cllaim Refused by FOS

[nwb69]

Hi ,

I have been chasing a claim against Cap 1 for about 18 months.

 

It was submitted to FOS

 

It was forwarded to them approx 6 months ago.

 

it has been turned down by FOS and I have now taken appealed to the Ombudsman.

 

My original claim for mis-selling was

(1)based on the fact that the original credit agreement had an option for PPI which required a signature and a tick.

I can confirm that this part of the agreement was never ticked or signed , however PPI was added to the account.

 

(2)Being in full time employment for the past 16 years I would recieve 6 months full pay and 6 months half pay if I was ever long term sick.

 

Based on the information so far what are the chances if any of having this overturned.

Edited January 9, 2013 by nwb69

[dx100uk]

i think you have a very good case.

 

dx

[nwb69]

Hi just to update

 

have just recieved a final response from Fos and my complaint against cap One has not been overturned even on appeal

 

.Is the next step the court route.

Please advise.

 

As stated earlier my complaint was based on the original paperwork being unticked in the PPi section

and also my employment benefits.

 

Fos have stated that I must have agreed to the PPI when Cap One were contacted to activate my card

,and the company uses the usual scrip ect.

 

However there is no concrete evidence that it was requested by myself.

 

The reply from FOS seems to have been based on assumptions rather than facts

 

.I have not agreed with FOS to accept this as their final answer ,ref letter they enclosed with their final response

 

.Will FOS contact me again or is it down to myself to pursue further.

 

Thanks in avance for any advise.

[dx100uk]

I find this rather strange as there are several examples in their case history

that exactly match your circumstances [had adequate cover from your employer]

 

what 'prrof' is being put forward on the other point from cap1

that it was you that ticked and signed the box?

 

dx

[nwb69]

I find this rather strange as there are several examples in their case history

that exactly match your circumstances [had adequate cover from your employer]

 

what 'prrof' is being put forward on the other point from cap1

that it was you that ticked and signed the box?

 

dx

I have a copy of the original credit agreement and I was required to tick a box and enter my signature if I required the insurance.On the agreement the box remains unticked and has no signature next to it.Therefore I did not agree to it.FOS were advised of this fact when I took my complaint to them.Please advise.

[dx100uk]

I bet they;'ve done there usual job of addressing the whole ppi issue rather than that specific point.

 

does the letter read that way

 

dx

[nwb69]

Correct,recieved 2 pages of Spiel earlier today,ia court the next option?

[dx100uk]

so on the point of the box was not ticked but you got charged what did they say

 

dx

[nwb69]

My original application was made over the internet.

 

As stated originally I did not choose to have PPI attached to the account.

 

The credit agreement confirms this.

 

FOS have stated that I must have agreed to take PPI out when I contacted Cap1 to activate my card.

 

Cap 1 have no recording of the telephone conversation that allegedly took place.

 

They have put forward an alleged telephone script to support their claim.

 

Therefore there is no evidence that I agreed to have it added.

 

I believe FOS have based there conclusion on assumptions.

 

Please advise

[dx100uk]

as far as we are aware the stickers were not to activate the cards

but to spoof you into activating the CPP stuff that has just broken in the news

 

what does the comms log from the sar say about the call?

 

dx

[dx100uk]

notPPIsavvy

 

you have you're OWN THREAD HERE

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?401575-cap1-and-PPI-reclaiming-help-please

please keep to it.

 

dx

[nwb69]

Just to bring briefly you upto date with my complaint,

 

issued court proceedings against Capital 1.

 

They have now offered a defence.

 

They admit that PPI was not ticked for on the Credit Agreement and therefore not requested,

 

but I agreed to the PPI when I phoned to acivate my card that they had supplied.

 

Prior to them entering a defence they offered to refund my premiums + minimal interest which was turned down by myself.

 

Case is now proceeding.

[dx100uk]

funny I found my sticker the other day on the inside of a safe box

 

dx

[nwb69]

so on the point of the box was not ticked but you got charged what did they say

 

dx

just to update,

 

Cap 1 admitted that the credit agreement was not ticked,

 

I also have other paperwork to support my claim,

 

made an offer to refund PPI fee,s totalling approx £500

 

but refused to pay interest @ 39% that I have been charged + 8% which I am claiming.

 

Account was opened in 2005

 

.Have now gone down court route and awaiting date.