Capital one- Refusal of PPI Claim

[ims21]

Ok, so up to now i havent gone to the fos as i was awaiting the SAR to calculate whats owed. Iv now recieved the SAR but im unsure as to which of the templates i should be using to calculate.

Any help much appreciated.

 

Can anyone help with this?

Thank you in advance

 

This is the spreadsheet to use for a credit card account

 

FosRunningPPI v102.xls

 

Make sure you read the notes in the "Notes Tab"

[Richhhhshel]

This is the spreadsheet to use for a credit card account

 

[ATTACH]39231[/ATTACH]

 

Make sure you read the notes in the "Notes Tab"

 

Thank you.

[Richhhhshel]

This is the spreadsheet to use for a credit card account

 

[ATTACH]39231[/ATTACH]

 

Make sure you read the notes in the "Notes Tab"

 

Hi,

 

Iv entered all my info.

Only thing im unsure of is what do i put for the interest rate.

Would it help if i uploaded my workings?

[ims21]

The interest rate you use is the one that they were charging you on the card.

 

If the rate changed over time then use the average of rates they were charging.

 

When completed yes, you can post up your sheet but make sure there are no personal details on it.

[Richhhhshel]

Done.

I think.

[ims21]

Yes looks OK to me

[Richhhhshel]

Yes looks OK to me

 

I'm amazed its that much! Not complaining though.

So I assume I send a copy of that along with my original claim questionaire to the fos? Recorded delivery or is there a way to do it via Email?

 

Thanks again for your help thus far.

[ims21]

If it were me I would do it to both Capital One and fos.

 

If you are raising a complaint with fos you also need to send them copies of all of the correspondence you have sent to and received from Cap One.

[Richhhhshel]

Hello again.

Not sure if I should start a new thread or not but have put it here and will see.

 

Finally received some correspondence from HSBC, however not a SAR. They've sent me this letter:

 

 

Thank you for your recent letter in which you have requested info regarding agreements with HSBC.

 

Say they tried to contact me(I believe this is rubbish) say as they have been unable to speak to me directly and so not to delay matters further, I would like to provide you with info which I've assumed is likely to be in relation to obtaining details of your HSBC ppi policies.

 

Please find a list of policies held and relevant start dates.

 

Then after that they say please note my response is solely in relation to applicable HSBC loans with ppi. Other products will be dealt with via relevant department and will follow in due course.

 

The £10 cheque (was a postal order) as been destroyed. I can confirm we will not charge for the provision of this info.

 

If as a result of receiving info you feel you'd like to make a ppi complaint please write to address below with reasons.

 

Additionally a fos question will do.

 

Should you require a data subject access request please write and in close £10.

 

So my questions are do I have all the info to make a ppi claim? Do I not need to know how much I'm claiming? Do I get a postal order refund if they've destroyed it?

 

 

Thanks for any help, it's all very much appreciated.

Edited November 27, 2012 by Richhhhshel

[Richhhhshel]

Anyone?

[dpick]

For me they are taking the P*** you have issued an SAR request that they are legally required to comply with I would make a copy of the letter and send it with a complaint to ICO.

 

dpick

[Richhhhshel]

I believe I may have created a problem for myself. Due to various things I have missed the 6 months they said I had to contact the fos. What are my options now? Can I still contact the ombudsman or is it basically now a list cause?

 

Thanks for any help

[citizenB]

You are only tied to a 6 month deadline if you have actually made a claim to the bank and they have either rejected your claim or have intentionally delayed it.

 

Have you already made a claim to the bank ?

 

It sounds as though they have been messing you around with the SAR. It is not for them to "assume" that is the reason you require the SAR - so you should write and advise the following.

 

1: They had no right to assume that you were requesting data solely for the purpose of making a claim for PPI.

2: As this wasnt the case then you are requiring them to comply with your request immediately.

3: You had already made a legitimate SAR request and enclosed the statutory fee. It was they who decided to presume and they who destroyed the cheque enclosed. Therefore, you now enclose a further cheque, however the time to fulfill your request is still the mandatory 40 calendar days from the time you first submitted your request.

 

Send the letter by either recorded or special delivery.

[Richhhhshel]

You are only tied to a 6 month deadline if you have actually made a claim to the bank and they have either rejected your claim or have intentionally delayed it.

 

Have you already made a claim to the bank ?

 

It sounds as though they have been messing you around with the SAR. It is not for them to "assume" that is the reason you require the SAR - so you should write and advise the following.

 

1: They had no right to assume that you were requesting data solely for the purpose of making a claim for PPI.

2: As this wasnt the case then you are requiring them to comply with your request immediately.

3: You had already made a legitimate SAR request and enclosed the statutory fee. It was they who decided to presume and they who destroyed the cheque enclosed. Therefore, you now enclose a further cheque, however the time to fulfill your request is still the mandatory 40 calendar days from the time you first submitted your request.

 

Send the letter by either recorded or special delivery.

 

First of all thank you very much for your reply.

However I think I may have waisted your time.

I now know why I was told to start a new thread for a different claim altogether. My apologies.

I sent a claim to capital one back in August and it is with this that I believe iv missed the 6 months period.

 

Thanks again

[Richhhhshel]

If it helps the date on the final response letter is 17th of August so assuming I'm right the 17th of February was my cut off.

[citizenB]

Telephone the Financial Ombudsman first thing in the morning and say you didnt quite understand what you needed to do. They should give you a claim reference over the telephone. So long as you arent too slow in getting the claim in, they might accept a couple of days late.

[Richhhhshel]

Telephone the Financial Ombudsman first thing in the morning and say you didnt quite understand what you needed to do. They should give you a claim reference over the telephone. So long as you arent too slow in getting the claim in, they might accept a couple of days late.

 

I will do that first thing.

Just incase they don't accept that, what would be my options?

Thanks.

[Richhhhshel]

So my mum got a phone call from the ombudsman today saying they wouldn't be upholding her claim.

Reasons being that PPI wasnt taken during the online application but added 7 days later during the activation call. They claim that as there is no call recordings there making the decision based on a script that the telephone operator would of used and that the script stated that it was optional.

 

Can anyone please advise is it worth pursuing further? We have 21 days from today to appeal the decision.

[Richhhhshel]

Is anyone able to advise me on this? Many thanks

[Andybars]

Definitely worth an appeal to the Ombudsman, pointing out that no call recording exists however Capital One have already acknowledged that the call was non-compliant and that Capital One was fined £3 million by the FSA for mis-selling PPI between Jan 2005 and April 2006.

 

Given this it is astonishing but sadly not surprising that the adjudicator has found against you. Make sure that you get back to them within the 21 days as FOS are quick to close down cases to get them of their books - it appears that they are currently more concerned with quantity of decisions over quality

[Richhhhshel]

Thanks for your response. I will certainly take it further. 1 point he mentioned is that we put down that ppi was taken online as my mum believed it to be but they say ppi was added later after the activation call. Can they refuse it based on my mums uncertainty?

[Hortz]

Thanks for your response. I will certainly take it further. 1 point he mentioned is that we put down that ppi was taken online as my mum believed it to be but they say ppi was added later after the activation call. Can they refuse it based on my mums uncertainty?

 

It would significantly weaken your argument in Capital One's eyes if your mum is wrong about how she took the product. After all if she can't even remember how it was sold,how can she complain about the way it was sold?

 

As for FOS, they'll look at the arguments and evidence from both sides and decide what they think is the most likely sequence of events.

 

You have nothing to lose by asking for an Ombudsman to review the decision. But don't get your hopes up - they don't often overturn an adjudicator's decision and Capital One have a low uphold rate at FOS in any case.

[Hortz]

Definitely worth an appeal to the Ombudsman, pointing out that no call recording exists however Capital One have already acknowledged that the call was non-compliant and that Capital One was fined £3 million by the FSA for mis-selling PPI between Jan 2005 and April 2006.

 

Given this it is astonishing but sadly not surprising that the adjudicator has found against you. Make sure that you get back to them within the 21 days as FOS are quick to close down cases to get them of their books - it appears that they are currently more concerned with quantity of decisions over quality

 

The low uphold rate for Capital One at FOS is because of the FSA fine not despite it. They had to undertake a proactive exercise contacting customers who they felt may have been Mis-sold the cover. So most who were Mis sold it were contacted. It's likely that they also tend to give the benefit of any doubt to customers who complain about policies from this period. The ones they reject would therefore generally be the ones who were not Missold the cover.

[Andybars]

Your mum's uncertainty is presumably because she took out her card on line and then the PPI was added on the activation call. another point that is worth adding is that your mum did not select PPI when she was able to make an informed choice filling in her online application. However a week later (presumably with no change to her circumstances) it became added to her account after an unsuitable non-compliant telephone call.

 

The other reason for a low uphold rate at FOS is that many Capital One cards have relatively low value claims and Capital One in common with many other lenders will pay out low value claims without investigation. i.e Capital One uphold a relatively high level of claims without FOS referral. - the overall uphold rate for all claims to Capital One is justifiably rather high.

Edited February 14, 2014 by Andybars
typo

[Richhhhshel]

Your mum's uncertainty is presumably because she took out her card on line and then the PPI was added on the activation call. another point that is worth adding is that your mum did not select PPI when she was able to make an informed choice filling in her online application. However a week later (presumably with no change to her circumstances) it became added to her account after ab unsuitable non-compliant telephone call.

 

This is a great point, I will add it to her response when we receive the letter.

Thanks for your help