Capital One Refusal on non advised basis, next step.

[6EQUJ5]

Hello,

 

I sent off a request for repayment of PPI to Capital One (credit card) around May

listing pretty much standard reasons for Miss-sold PPI (employer sick cover, pre-existing medical, third party purchase options, single premium interest).

 

After a long delay they sent me a refusal pretty much on the grounds of it being sold on a non-advised basis on all counts.

 

Their tack is that it was all down to me to check all this out, not theirs.

I don't remember getting a policy document, but they have enclosed a copy in their reply.

 

I'm sending off a SAR to them to see if they do have an ad verbatim transcript of the original telephone call, and my non acceptance of their refusal.

I'm thinking of court rather than FOS for further (snail like) action.

 

What I want to know is has anyone had any success with CapOne on this non-advised defence of theirs.

 

Now I know some of you get excited and reply with shouts of 'Sue 'em',

but I wouldn't go into court without some solid precedence on my side.

 

If your case went against you, you'd need to take out a loan again with Capital One just to pay them off for the next ten years -not good.

 

Anyone taken them to court over this and won ?

 

I'd like to hear from you on any constructive ways of getting them to cough.

[dx100uk]

when did you take this card out?

 

dx

[6EQUJ5]

Hello,

I took this card out on 20th February 2003 on the telephone.

[dx100uk]

ok let await the sar

 

dx

[6EQUJ5]

OK, finally got the SAR from Capital One.

 

Leafing through a wedge of statements I can't see any transcript of my application or recording of the telephone call.

 

What I do have is a series of computer screenshots and transaction statements going back to 2003.

 

I repeat what I asked before.

 

Capital One refuse to pay out PPI claims on the basis their insurance was sold purely on a non-advised basis.

 

In short, you didn't read the small print, check their product was appropriate for your needs, so you're getting bugger all from them.

 

HAS ANYONE SUCCEEDED YET IN GETTING A PPI REFUND FROM CAPITAL ONE WITH THEIR 'NON-ADVISED' DEFENCE ?

[missy]

Yes, I was successful with my claim. I did have to go the small claimes route first. I adopted a similar attitude to the one one I took with my bank charges claims. I

1. I ask for my money back.

2. They refused.

3. I asked for my money back and threatened court action.

4. They refused.

5. I instigated court action.

6. They paid up.

 

I just refused to get into any back and forth debates and I think they understand that. It's part of the game to them.

 

Good luck.

[6EQUJ5]

Hello,

A bit of a late update.

 

I decided to go the slow route and try through the FSO.

 

I telephoned them and after a initial discussion of my case they asked me to forward all details to them.

 

The advisor said, with reservation, that I had a basis for claiming and it was worth me putting it into their hands.

 

According to their current time frame it would take up to one year.

 

That means in December of this year I should hear something positive, I hope.

[6EQUJ5]

It's now Feb 2014 and the FSO has finally ruled in my favour.

 

Capital One are going to have to cough up at last.

 

They reckon this will take them anything up to EIGHT weeks to send me an offer !

 

I don't like the sound of the word 'offer'.

 

Does this imply that Capital One will still try to avoid paying me a full refund (with interest).

 

Having waited so long I'm not in the mood for offers, way to late for that nonsense.

[dx100uk]

you mean the FOS I take it.

 

......

 

cap1 aren't usually that far out

 

couple of £100's short on mine that's all.

 

dx

[6EQUJ5]

Sorry, yes that should read fos.

 

Although I chose that route and knew it would take a while (over a year),

I did call the legal department of Capital One first and ask them to make an offer before I took that step.

I told them I would accept an offer at that point, after which I would demand the full amount and nothing less.

 

I disagree that Capital One aren't particularly bad at claims.

 

Their refusal letter to the fos was full of assumption and conjecture about what was going through my mind at the time PPI was purchased.

Very sparse on facts, which is an odd way of pursuing a legal argument.

If you compare Northern Rock, who was taken over by the government,

THEY contacted me first. Their system followed the law regarding time limits, and the information I was required to give was minimal.

Result - a FULL refund plus interest.

 

Now all these companies that sold this gigantic lemon to us should be mailing every account holder and telling them to claim.

They got caught, so they should provide an efficient and streamlined service to ensure everyone gets what's due.

 

It should be just as swift as when they took what they shouldn't have in the first place.

I'm afraid it's very similar to insurance companies when making a claim.

 

I've tried being polite and nice, but find being a nasty MOFO yields better results.