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    • I did see not to give those details out, but as these could wind up official court forms, I dont want to be on the wrong side of it.   the areas in boxes D and I, is it ok to say ""refer to appendix A, refer to appendix B"? There s a REALLy long list of "what the hell" I want out of them as this is making zero sense. Not only that, I've got a long list of "this is the hell" I need to send back in the dispute too.
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    • follow post 4 here:   The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. 1st Oct 2017 - Legal - Consumer Action Group
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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
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Capital One PPI Rejected Claim


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I had an ongoing PPI Claim with Capital One (since October 2012) in which was rejected and referred to FOS.

 

This was again rejected on the basis that it was a non-advisable sale

and suitable for my circumstances even though I was in full-time employment,

with sufficient redundancy fund and sick-pay cover etc for the rather small amount outstanding of nearly £500 (my credit limit).

 

I did further argue the case, that I had not ticked any PPI agreement box on my postal application

but for some reason it was added at a later date (about 6 weeks) in which they advised I agreed to.

 

When I requested details regarding the later agreement,

the copy that they sent is not a very good one and quotes a completely different Capital One account number ?

 

complaint was then passed to the ombudsman, and I have today received their findings and they have also decided not to uphold my complaint.

 

Has anyone experienced the above with Capital One (or any other entity) / FOS / Ombudsman

and could possibly enlighten me regarding the Final Decision Acceptance / Rejection Form to sign.

 

What happens if I reject the decision ?

 

Will I still have an opportunity to provide any further reasons why I disagree or request any further details from Capital One ?

 

As this was one of my initial complaints and obviously know more now than then,

I did not proceed with a SAR as I still had all of my statements and copy of my application form.

 

They also state that they are happy to discuss with me about rejecting / accepting the decision but they cannot discuss the detail of the complaint ?

 

I have searched various forums regarding Capital One and believe they reject a majority of any claims presented

but also wondered am I wasting my time in pursuing the matter ?

 

Sorry for any silly questions but this is my first experience of this situation and would appreciate some clarity in the matter.

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sar time

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sar time

 

dx

 

Cheers dx - So its still not too late considering how far my complaint has gone ?

 

Should I forward a covering letter with my rejection form to FOS explaining that I am proceeding with the above ?

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you don't know what it will throw up

 

yes tell the FOS

 

was this an ADJ or the Omds himself?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you don't know what it will throw up

 

yes tell the FOS

 

was this an ADJ or the Omds himself?

 

dx

 

Previously rejected by ADJ and now by Omds, both on the basis that it was non-advisable and I had later agreed to the PPI :x

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I personally favour sending SAR requests to the registered office address....

 

Capital One (Europe) plc. Registered Office: Trent House, Station Street, Nottingham, NG2 3HX.

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I personally favour sending SAR requests to the registered office address....

 

Capital One (Europe) plc. Registered Office: Trent House, Station Street, Nottingham, NG2 3HX.

 

Many thanks ims21 and will get one sorted asap.

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Hi Baz, I had a similar situation, which turned into an epic wrangle of wills, as some members here may remember and CapOne behaved disgracefully I have to tell you...

 

With regards the tick box on the PPI form, the tick on the form they provided to me via the SAR (Which you MUST do to get all the info you can), the tick was clearly in a different pen and hand looked like a different hand almost, a friend of mine looked it over too and she agreed it was not the same pen used to fill out the form.

 

The implications of this, which I pressed home to the FOS was that I believe the tick box on the form had be ticked at a later date than the form was completed, as in my case, my mum who's case it was, never remembered asking for PPI.

 

CapOne refused to pay out and even advised me I should contact the underwriters, which of course is nonsense, and twice they had an opportunity to resolve the situation and both times said 'after thorough investigation...' we feel there is no claim...

 

Of course this was all reconsidered when they finally realised I was ready (with the help of a few CAG members along the way nd I also had some support from the FOS legal team because CapOne had basically been playing games and the FOS advisor got the team involved to clear up some issues he was having with CapOne in my case) to go to court and argue about how they had been behaving...and suddenly they 'discovered' that in fact they owed my mom almost £10k...which they offered her 2 days or so before the court date...

 

The real irony was a couple of months later there was a phone call from CapOne, a woman saying she was from CapOne's customer service team and wanted to know about my experience in claiming PPI...I cracked up when she asked me if there was anything more they could have done, I said yes, you could have paid up when you had the opportunity instead of dragging it out for a year, and then almost fell of my chair laughing when she said would I recommend CapOne to others...I said no of course...when she asked me why, I said have you actually read the last 12 months correspondence on my case? She said no, I said goodbye...

 

So clearly, their idea of 'thorough' is not quite what I understand as thorough...

 

My advice, as im sure is the same you'll get from the senior members here, who's knowledge was invaluable to me, is basically to record everything you can, never speak on the phone or at least avoid where poss, send everything signed for mail, and question every little silly thing they try to fob you off with.

 

The one thing I finally found was that CapOne never really expected me to be prepared, I think it was a shock to them that I had kept everything, actually gone through a huuuuuge pile of paperwork from the SAR, gone through 12+ years of statements and paperwork and finally was prepared to let the court make the choice.

 

Though I warn you, they will most likely take it to the wire if they can but if youtruly feel you have a case, then I would pursue it without hesitation.

 

Best wishes...

 

mrbrooks

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do I just remember that one!

 

great win!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I personally favour sending SARicon requests to the registered office address....

 

Capital Oneicon (Europe) plc. Registered Office: Trent House, Station Street, Nottingham, NG2 3HX.

 

+1 for this, I sent all my correspondence to their registered office, though they tried to claim it didn't arrive, they found it a couple weeks later when i produced the signature from the Royal Mail, then they told it had got lost internally and gone to the wrong dept...mmmm

 

Hi dx100uk, yeah it was epic for a time there, haha, both yourself and ims21 had some input into my first foray with CapOne...And I think we had some chats about Uncle Bryan too...who were hilarious...

 

Anyway baz, best of luck and hope you get a positive result...

 

mrbrooks

  • Confused 1
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Hi Baz, I had a similar situation, which turned into an epic wrangle of wills, as some members here may remember and CapOne behaved disgracefully I have to tell you...

 

With regards the tick box on the PPI form, the tick on the form they provided to me via the SAR (Which you MUST do to get all the info you can), the tick was clearly in a different pen and hand looked like a different hand almost, a friend of mine looked it over too and she agreed it was not the same pen used to fill out the form.

 

The implications of this, which I pressed home to the FOS was that I believe the tick box on the form had be ticked at a later date than the form was completed, as in my case, my mum who's case it was, never remembered asking for PPI.

 

CapOne refused to pay out and even advised me I should contact the underwriters, which of course is nonsense, and twice they had an opportunity to resolve the situation and both times said 'after thorough investigation...' we feel there is no claim...

 

Of course this was all reconsidered when they finally realised I was ready (with the help of a few CAG members along the way nd I also had some support from the FOS legal team because CapOne had basically been playing games and the FOS advisor got the team involved to clear up some issues he was having with CapOne in my case) to go to court and argue about how they had been behaving...and suddenly they 'discovered' that in fact they owed my mom almost £10k...which they offered her 2 days or so before the court date...

 

The real irony was a couple of months later there was a phone call from CapOne, a woman saying she was from CapOne's customer service team and wanted to know about my experience in claiming PPI...I cracked up when she asked me if there was anything more they could have done, I said yes, you could have paid up when you had the opportunity instead of dragging it out for a year, and then almost fell of my chair laughing when she said would I recommend CapOne to others...I said no of course...when she asked me why, I said have you actually read the last 12 months correspondence on my case? She said no, I said goodbye...

 

So clearly, their idea of 'thorough' is not quite what I understand as thorough...

 

My advice, as im sure is the same you'll get from the senior members here, who's knowledge was invaluable to me, is basically to record everything you can, never speak on the phone or at least avoid where poss, send everything signed for mail, and question every little silly thing they try to fob you off with.

 

The one thing I finally found was that CapOne never really expected me to be prepared, I think it was a shock to them that I had kept everything, actually gone through a huuuuuge pile of paperwork from the SAR, gone through 12+ years of statements and paperwork and finally was prepared to let the court make the choice.

 

Though I warn you, they will most likely take it to the wire if they can but if youtruly feel you have a case, then I would pursue it without hesitation.

 

Best wishes...

 

mrbrooks

 

That is unbelievable and sounds about right with this lot.

 

This has been a bit trying for me this one but I do not want to give up ! I didn't take the SAR route with this one (silly me), as I had all statements and agreement details anyway. I now wish I had if I had known what was to come.

 

I'm still considering proceeding with one now, even though I have only until 10th June to respond to Ombudsman but still not satisfied with their findings and wondered what will happen if I reject it and complain about the service provided ?

 

Will I have to go to court or will I still have a chance in requesting further clarification of said details that I am not happy with ?

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+1 for this, I sent all my correspondence to their registered office, though they tried to claim it didn't arrive, they found it a couple weeks later when i produced the signature from the Royal Mail, then they told it had got lost internally and gone to the wrong dept...mmmm

 

Hi dx100uk, yeah it was epic for a time there, haha, both yourself and ims21 had some input into my first foray with CapOne...And I think we had some chats about Uncle Bryan too...who were hilarious...

 

Anyway baz, best of luck and hope you get a positive result...

 

mrbrooks

 

And thank-you mrbrooks and hopefully I can utilise some experts on here to draw up some sort of response.

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Hi Baz, I would still get the SAR, I noticed dx asking if this was adjudicator of the Ombudsman's final decision, I am not highly knowledgeable about the process works but I do remember my own adjudicator telling me that in 'his' opinion I had a strong case but then I had to understand this did not mean it would go my and I would only know once the final adjudications and overall decision had been made. So if you reject the decision it could be important to know if you have any further mileage at the Ombudsman or not.

 

Another thing I remember is the a few folks told me you have no obligation to agree and that you are still entitled to take the matter to court if you so wish. However, again, I would check with some more knowledgeable folks around here as to what the implications of this choice may mean for you and what the current state of play is at court with such cases, ie are they favourable or not.

 

There was some stuff going on a while back about the FOS being an 'authority' (something like that) or not in a case and then another decision a bit later that said they were or weren't, then of course other stuff more recently about the FOS decisions and the courts, such as accepting the decision then attempting to go to court anyway. I am afraid I cant remember more than that, and have no doubt some of the team and CAG members will know what I'm babbling about and they can guide you on this as to where you should be looking to next and getting some background research reading done so you can make a better choice about what to do next.

 

The one thing I do know for certain, if you go ahead, you will need to be prepared, so get every scrap of info you can lay your mitts on, read as much as you can, ask where you need to and finally, if you make the statement to CapOne that you are going to court, then make sure you are actually prepared to do so, cos they may just call your bluff.

 

In my case they took my mom to court so I didnt have to initiate the court case but had to put a defence and a counterclaim in, so we were going anyway, my argument being that what they owed her in PPI would far outstrip what they claimed she owed them, so I prepared us to actually go to court, even booking time off work and organising transport etc, but CapOne presented the offer a couple of days before, infact Im sure they did it on something like a friday afternoon and we were due to be in court on the Mon or Tues of the following week.

 

Anyway like I say, be prepared and be ready as best you can be...

 

Best wishes...

 

mrbrooks

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  • 3 years later...

I today received a letter from CAP One about making a new complaint about my PPI.

 

Previously rejected but now asking me to make a new type of complaint regarding commission.

 

My questions are, how do I complain if I have no evidence of commission paid for policy or on what grounds do I use now?

 

Can I now request evidence of commission's paid as part of my previous SAR some years ago?

 

They are requesting that I fill out an online complaint form or do so in writing.

 

Thanks for looking.

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The whole point is simply to say that you were never informed that the person who advised you all who sold you the policy would receive commission.

 

That's all you need to do. It may as well also resubmit the original grounds on which you complained and in respect of which they rejected you. Things have moved on a great deal now.

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Thanks BankFodder and will do so.

 

Just a little confused how we can complain about something without any proof.

 

Are they now obliged to disclose how much and provide evidence?

 

Or are we to take their word for it?

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Simply read up on plevin

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Don't think any creditor has rejected a pleevin claim when they instigated it

They already know its more than 50% else they wouldn't be writing...think about it...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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