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Capital One PPI claim help needed

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Hi everyone,

I am new to this so I apologise if this is in the wrong place, but please point me in the right direction if so

wish I had come to these forums and used your advice and letters before I started my claim but unfortunately I didn't

will try to keep this as short as possible whilst trying to give enough info to help me if possible.

 

I had a Capital One card 2004 -2009 which had PPI on it.

 

The ppi was sold during a telephone call when I called them to activate the card and to request a cash advance at the same time (as they ask if you want one).

 

I was young and carefree and thought ok ill have a cash advance haha.

that makes no difference.

 

I haven't done anything until now as I didn't think I was able to make a complaint as I have no paperwork other than a few card statements showing the ppi.

..until I recently read something that said I still could.

 

I was originally on a different website before making my claim and I found details about the Resolver tool,

I submitted a complaint on there rather than by post.

Oh so I wish I had done it by post instead!

 

On Resolver I stated some points of why I think I was mis sold the ppi and why I am now unhappy about it.

I won't put everything on here as it will be long enough anyway but feel free to ask if you need to know more before being able to help,

 

some of the reasons I stated were:

the costs and insurance were not properly explained

(I didn't even know it would attract interest and it was made to sound like it was pence or just a few pounds each month where it ended up being over £40 most of the time),

 

I would have already received company sick/redundancy pay and so I didn't need the insurance but this was not discussed

(I would have received redundancy pay from employer but limited sick pay before it reverted to ssp, so I was trying to show that I wouldn't have afforded to keep paying premiums if I was off work sick, but I would get redundancy so didn't need it that way).

 

I felt like I had to take the policy to have the card activated,

I was not informed of their commissions made.

 

I got behind on payments on the card in the end and PPI was cancelled in 2009 when I made a payment plan with the credit card.

I have no idea what I was covered for on the policy as i didnt receive anything,

but from the call i was under the impression i was covered for any sickness if i was off work.

 

I recall calling capital one at some point to as if i could claim as i was off sick and just getting ssp (only off a couple of weeks) they said i couldn't.

I've no idea when that was.

I also rang to cancel the policy at some point but was made to feel i should keep it as its cheap (but it wasnt).

 

The resolver form seemed quite basic and I just put the basic reasons like that,

expecting that the company would respond to ask me further information and explain the process form there etc.

That did not happen

 

within a week of submitting the complaint they replied on resolver to say they had sent a reply directly to me.

I got it in the post the next day and they had rejected my complaint.

 

said it is their final response but invite me to send in any additional info regarding sick or redundancy pay.

say they will also review it after 29th August under the Plevin rule of non disclosure of commission.

stated that the ppi was sold on the card activation call in 2004 but they do not have the call recording.

All of what they say is 'we would have said this on the call or we would have done that'.

 

I did not attach any evidence or do a SAR before submitting on Resolver as I thought I'd be able to do it whilst awaiting their reply and corresponding with them etc.

Their reply said I can request the evidence they used to make their decision, but no address to write to

 

I called to request it and asked for a copy of my original signed CCA and signed PPI documents.

I also asked if they could put their response on the resolver system where I submitted it they said they can only put a standard response like the one telling me they had sent it to me directly.

I don't think that's true.

 

I received their evidence which was a copy of a ppi terms and conditions leaflet,

nothing to show it is specific to me and no info of costs etc,

it is fairly basic in what it covers.

I didn't get that at the time.

 

They also attached a copy of my signature in a box detailing the fraud and credit checks etc and the date,

then on the back is some terms and conditions but not the full set.

 

It is just 3 points.

In the heading it states it is taken from clauses 8, 10 and 32 of the full terms and conditions, so it is clear that is not the original full terms.

I appreciate the age of the policy and that they may not have certain info.

 

what do I do now?

 

I've seen links on here to different letters that can be used etc

I've no idea if I can do any of that now that I got that letter off them.

 

I know after a final reply the usual next step is the ombudsman,

want to try and settle with the company if possible before that.

 

As they are reviewing it after 29th august and as they invite me to send in any sick/redundancy info, it appears they are willing to correspond still.

 

I don't have anything in terms of sick/redundancy to send to them

what can I do in terms of other evidence?

 

I don't know the terminology or court case references or anything like that to put in any letters to them.

Should I send s SAR to get whatever other info they may hold?

What can I ask for or use as it was a telephone sale and they don't have the call recording?

If it is straight on to the ombudsman from here,

shall I try to gather any evidence to send with it and again what can I send?

 

It's frustrating as I know that they didn't advise me properly of a lot of things on the call and I didn't receive any paperwork or policy info after that call,

I don't know what I can say or do to make a successful case like so many others have done with telephone sales.

 

Sorry this is so long.

Any information, advice, points to the right pages or help with what to say and evidence etc would be great.

Thanks in advance!

Edited by inarut

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which is why I sOOOO hate resolver for PPI

 

the activation was a little sticker on the card that said ring this number to activate

however the card was already active

it was to activate the PPI.

 

well know in CAP1 PPI threads.

 

yes you need to SAR them.

 

get all the info.

 

if you had company benefits

then they are outweigh any need for PPI

there are numerous example like cases on the FOS website.

 

when did you take the card out.

 

http://www.financial-ombudsman.org.uk/ppi/index.html


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks for the reply.

 

The card was taken out in Feb 2004.

The date on what the bit of CCA they sent me says I signed it on 05/02/04.

 

An old credit report I found has the start date of 16/02/04.

Capital One said I called them to activate on 16/02/04.

 

I remember receiving one of the invitation letters in the post saying I was preapproved for a card and to quote a certain code when applying.

 

I thought I had called them to continue applying rather than by post, and the ppi was sold to me then.

 

they said it was done on the card activation call and what they send me shows I signed something on 05/02/04, that would be the application for the card I signed

I must have done it by post before calling to activate.

I don't think that part makes any difference as either way it was sold on a call and they agree that.

 

I had been employed for around 9 months when I applied,

I cant remember how long I got company sick pay for

 

I know it was a matter of weeks before I went on to ssp.

I have old payslips that show where I received SSP when I was off sick

I don't have my contract of employment or terms and conditions to show that I was eligible for redundancy or how their sick pay policy worked.

 

The company was disbanded (or whatever word to use) about 5 years ago so I've no idea how or if I can get a copy of anything like that.

 

I was actually made redundant in feb 2009 and have payslips to show redundancy payout.

They say the policy was cancelled in April 2009.

I was employed again July 2009.

 

I was having trouble paying the card each month before then and when I went in to a debt management plan, they must have then closed the ppi policy as my credit card would have been frozen they couldn't add the premium each month.

 

I did not attempt to claim on the policy for redundancy as I didn't know what I was covered for and didn't think I could claim due to the problems I had with the card.

 

when I did call to ask about claiming as mentioned earlier I was just told i cant as I wasn't off long enough. That also goes against what was said on the call.

 

Some comments I've seen on other sites say that sick and redundancy from employer doesn't matter as the policy would have still paid out and so it was still relevant, but some comments say that the policy wouldn't pay out if employer pays redundancy.

 

I don't know what the policy would do as I didn't get any paperwork.

The copy leaflet they sent me now doesn't mention about employer pay outs etc,

 

cap one reply invited me to send any documents they've not seen on that.

I'm not sure what I can do on that part of the complaint with me not having any contract to send them.

 

I was under the impression I could claim for being off sick for any reason though, in this copy it says critical illnesses only or if I became permanently disabled.

 

the adviser making out its for if I go off sick at work for anything I'm not already suffering with isn't true. T

 

Thanks for your links to fos and ombudsman info,

I will take a look at that tomorrow.

Sorry for another long one but hopefully this adds to what I already posted.

 

oh I forgot to say on my first post....

 

When I received their evidence I called them again to say those two things do not show any evidence for their decision and asked again for the evidence to be sent.

 

I was then told to write in to the complaints resolution team as they would be able to provide better info than the team that she is working in (which was supposedly the ppi complaints team but they didn't seem to know much on it).

 

should I just send SAR to whatever their SAR address is,

or shall I write in to the complaints team as she said?

or both?!

 

Is there a link to a SAR letter that I can tweak and is there a certain Capital One address to send it to or just to their complaints team?

Soooo many questions....I've got a headache!

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click sar and READ.

 

 

send it to their registered head office address


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thank you for replying again.

I will have a read of everything you suggested and will send a SAR to them and see what I get back.

 

I am completing the SAR now and have read the posts about it on the link you provided. I will be sending to capital one tomorrow.

 

Do I need to add any extra detail on the letter to say that it also includes any information about the PPI policy or is the wording on the letter enough to cover this?

 

Thanks

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an sar is for everything they hold on you.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Great, thank you.

 

I used the template you suggested and also the template on the ICO website

(found on their site when I used the link on the SAR post on here)

and combined them.

 

Once I receive a response from them,

I will post an update here and look at what I need next.

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Hi, me again!

 

 

I have received the response to the SAR a few days ago and it is very lengthy!

 

 

It does not seem to contain any details about PPI.

I kind of expected this as they had already told me on a telephone call that as it was sold over the phone, there wouldn't be a document signed by me.

 

 

There are screen prints from their system where it says "ppi required?" and there is an "n" in the box to indicate no, but the rest of the fields are completed to show what rate I was being charged. Although I think they could have changed this to "n" when the policy was cancelled, but not sure.

 

 

The CCA doesn't mention it either but again this is because it was sold on a call.

 

 

There is literally nothing at all that mentions it from what I can see, besides the short copies of monthly statements where it shows the PPI charge being applied.

 

 

There are some call notes where it showed I called in 2009 to cancel the PPI and what the adviser had written in the notes, but there are no notes like this relating back to the time that the PPI was sold in 2004.

 

 

There is however statements and transactions going back to 2004, but in terms of call notes/memos there is nothing earlier than 2008.

 

 

They state that I can request copies of call recordings if I can state roughly when it took place, due to the amount of call recordings they would need to go through they have not initially provided them but will provide what I request. (they already told me in above posts that they do not have copy of when the ppi was sold, so not sure if worth asking again).

 

 

They have stated that they are not obliged to provide any ppi info in a SAR as it does not hold personal info. They also said that it would have been sold on a non advised basis so no needs assessment were needed and that I'd need to make a separate complaint about pp (already done in above posts).

 

 

Is there anything else I can ask for to try and help my complaint?

 

 

When they sent me the copy of the ppi terms and conditions general leaflet mentioned earlier, it mentions a certificate of insurance in it several times.

 

 

It seems I should have received one to confirm what I'm covered for? I never got this at the time but can I ask for it now? Not sure if it would show my personal details on it, as if it doesn't they may say they don't have to give it to me under the sar?

 

 

In their reply to my ppi complaint they state that after the call I would have been sent a full policy document but I didn't get that either. Not sure if this is the general terms and conditions mentioned above?

 

 

Do I write back and ask again for copy of the original call recording, the certificate of insurance and any screen notes/memos from that date? It seems they will say they don't have them.

 

 

I'm trying to keep this as short as possible but trying to give all info that might be needed, so I'll leave it there but if I'm missing something feel free to shout!

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so as post 2

it was advised because the sticker conned you into phoning them.

 

 

i'm not sure whatholding you up now

you have the payments for PPI

get our spreadsheet done

get the FOS questionnaire done

and send them back to cap1


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi,

 

Sorry I've not been here for a while.

 

I haven't done anything since the last reply to my posts as I was having problems with the recovery for a leg operation, plus trying to return to work after that.

 

I've also been dealing with a redundancy process at work which has been pretty stressful :( so as you can imagine this has been the last thing on my mind.

 

Following all that I have now been made redundant and finished work a few days ago, so I'm ready to continue tackling this once again!

 

I didn't fill in the spread sheet and send to cap one due to the above, but also as I had already had their rejection letter as mentioned earlier, so I didn't think I could send to them again as they had said my next step would be to send to the ombudsman.

 

I'm not sure if I was able to send it to cap one again or not at that point but now looking at dates, today being 03/02/18 it is exactly 6 months since my original complaint on resolver tool.

 

I am planning on looking on the ombudsman site and completing the questionnaire on there and sending to the ombudsman, but will they deal with it now as it has reached 6 months?

 

Would the ombudsman accept it after the 6 months if I mentioned the above reasons that I've been late dealing with it?

Or, do I now have to wait a period of time and then submit the complaint to cap one and start again?

 

 

Thanks

Edited by inarut
wrong date

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get it into the FOS today. then atleast you are not timed out


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks.

 

 

I submitted the fos complaint form detailing why I'm not happy with the Capital One response and that I want to claim back all payment made, plus the interest.

 

 

I attached the copy of the Resolver original complaint to save me having to fill in their questionnaire again. I also attached the calculator spread sheet. I completed the third one, with the compound interest and the simple 8% interest, is that right? I hope so as it took me hours to add up all the transactions for the monthly amounts! If not I can always send them the right one once they get back in touch with me.

 

 

Here's hoping I get somewhere!

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