Capital one- Refusal of PPI Claim

[Richhhhshel]

Iv received the letter from the adjudicator, is it possible I could upload it for advice on how to argue against the points?

[Richhhhshel]

Anyone?

[ims21]

Yes post up the letter.

 

Use this method by dx100uk but remember to remove all personal identifiers first

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAGicon in the title

i'e Default notice DDicon-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

[mightymouse_69]

Would you have been caught by any of the exclusions which Capital One failed to mention in the call?

[Richhhhshel]

Iv attached pictures of the letter if someone wouldn't mind looking through and helping me on how to reply.

Thanks in advance

[ims21]

Please follow the guide above and make them PDF files.

 

The ones posted are a wee bit small.

[Richhhhshel]

Please follow the guide above and make them PDF files.

 

The ones posted are a wee bit small.

 

Will have a crack at that now. Thanks

[Richhhhshel]

Is this any better?

[Andybars]

To my mind this is definitely worth an escalation and I would be including the following points (non-exhaustive and I am sure others will add to it)

 

- I applied for a credit card in writing and did not select PPI

- One week later the policy came to be added to the account after a call that Capital One acknowledge was not compliant

- There is no evidence of informed consent being provided

- Whilst Capital One's fine during the period does not in itself confirm mis-selling it certainly casts doubts upon both the sales process and whether this was followed by the lender.

-In the adjudication the adjudicator states that Capital One had a duty to give you the information you needed to decide whether to take out the policy. Capital One has acknowledged that it did not do so

- Whilst the script that the sales advisor may have used prompted a discussion on optionality there is no evidence to suggest that the script was followed. Even if it was Capital One has acknowledged that this script was flawed.

 

Hopefully that's a couple of points to get you started - the other thing worth checking is that if this was an NHS employed role with two years service it is likely that sickness benefit would be 6 months full followed by 6 months half pay rather than 3 and 3 as stated

[Richhhhshel]

To my mind this is definitely worth an escalation and I would be including the following points (non-exhaustive and I am sure others will add to it)

 

- I applied for a credit card in writing and did not select PPI

- One week later the policy came to be added to the account after a call that Capital One acknowledge was not compliant

- There is no evidence of informed consent being provided

- Whilst Capital One's fine during the period does not in itself confirm mis-selling it certainly casts doubts upon both the sales process and whether this was followed by the lender.

-In the adjudication the adjudicator states that Capital One had a duty to give you the information you needed to decide whether to take out the policy. Capital One has acknowledged that it did not do so

- Whilst the script that the sales advisor may have used prompted a discussion on optionality there is no evidence to suggest that the script was followed. Even if it was Capital One has acknowledged that this script was flawed.

 

Hopefully that's a couple of points to get you started - the other thing worth checking is that if this was an NHS employed role with two years service it is likely that sickness benefit would be 6 months full followed by 6 months half pay rather than 3 and 3 as stated

 

 

Thanks. Those points will help. In trying to ensure I don't get this wrong after convincing my mum not to use a 3rd party, so your help is appreciated.

 

I will ask her to check regarding the sickness.

[Andybars]

Capital One and FOS would have sent exactly the same response to a third party bringing the complaint

[Richhhhshel]

Capital One and FOS would have sent exactly the same response to a third party bringing the complaint

 

That's good to know.

So my mum still stands a chance of being successful do you think?

[Andybars]

Sadly I cant predict the vagaries of the FOS system - what I can say is that generally you get a better standard of decision from an Ombudsman that an adjudicator - and that I think she has a good case. In my view, its worth persevering

[Richhhhshel]

Sadly I cant predict the vagaries of the FOS system - what I can say is that generally you get a better standard of decision from an Ombudsman that an adjudicator - and that I think she has a good case. In my view, its worth persevering

 

Good enough for me.

Thanks

[mightymouse_69]

That's good to know.

So my mum still stands a chance of being successful do you think?

 

Take a look at the FOS site - it explains how they approach these complaints: http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi-our-approach.html#1

 

In particular, this section: http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi-our-approach.html#9

 

You'll see that where certain info was not disclosed, as long as this was not likely to make a difference to the person buying the policy, it will not be of much significance. That is why I asked whether your mum would have been caught by the terms which were not disclosed during the phone call.

[Richhhhshel]

Take a look at the FOS site - it explains how they approach these complaints: http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi-our-approach.html#1

 

In particular, this section: http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi-our-approach.html#9

 

You'll see that where certain info was not disclosed, as long as this was not likely to make a difference to the person buying the policy, it will not be of much significance. That is why I asked whether your mum would have been caught by the terms which were not disclosed during the phone call.

 

 

I will re read regarding wether she would of been caught out.

Sorry I some how missed your first response.

[Richhhhshel]

Andy as no one else as been able to add to your points, do you think they will be sufficient for a response? I was planning on literally copying them into a word document and printing and attaching to the form will this be ok?

 

Mightymouse, i don't know if she would of been caught out as i cant seem to find the information, where would i access it?

[Richhhhshel]

I do not agree with your assessment of my claim and her are my reasons why:

 

- I applied for a credit card online and did not select PPI

- One week later the policy came to be added to the account after a call that Capital One acknowledge was not compliant.

- There is no evidence of informed consent being provided

- Whilst Capital One's fine during the period does not in itself confirm miss-selling it certainly casts doubts upon both the sales process and whether this was followed by the lender.

-In the adjudication the adjudicator states that Capital One had a duty to give me the information I needed to decide whether to take out the policy. Capital One has acknowledged that it did not do so

- Whilst the script that the sales advisor may have used prompted a discussion on optionality there is no evidence to suggest that the script was followed. Even if it was Capital One has acknowledged that this script was flawed.

 

For these reasons I expect you to re-asses my complaint and provide me with a more favourable response.

 

This is what i am going to add to my mums response. Will this be enough?

 

Thanks in advance.

[Andybars]

This seems reasonable - the likelihood is the case will sit in an Ombudsman queue for some time so you can always add further points at a later date if anything else comes to mind.