Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

[ncf355]

Re: Latest updates on PPI Judicial Review and claims on hold

Thats excellent work there

So not only can the banks make interest on all the case fees they're holding on to, they can now make interest on the FOS overdraft

[Wader1]

Re: Latest updates on PPI Judicial Review and claims on hold

Hi, I have been reading with interest this thread as I have a few complaints going through with various banks at the moment, some of which are on hold and its been a great help so thank you everyone involved!

Just a quick thread to see if any one can help with one of my complaints. I apologise if im not on the right thread but I dont really know what im doing!

I have received a letter from the Financial Ombudsman Service today regarding a Capital One Credit Card complaint that was rejected by Capital One and has now been rejected by an adjudicator, they have said my next step is to respond with more reasons as to why it was mis - sold to me which I intend to do and if they still disagree I can ultimately refer the complaint to an Ombudsman.

the PPI was sold to me when i called to activate a replacement credit card in 2006, yet Capital One have said they do not hold a copy of the call recording. FOS have rejected my complaint and dont seem to have taken into account my testimony at all, but have pretty much said that if the sales script capital one provide is correct then thats all that matters, they dont need to hear the actual call. I find this quite disturbing as it means they can get away with saying whatever they wish to customers and get away with it!!

My question is, are Capital One required to keep a copy of the call recording for a certain amount of time and is there any law that states they have to? if there is not and the FOS are not going to take their lack of keeping records into account it seems that there will be a lot of people being rejected and the banks are going to win yet again. Before I respond to FOS, if I had knowledge of some sort of law to state that Capital One should have kept a record of the sale I think i might stand a better chance.

Any help would be greatly appreciated.

[di30]

Re: Latest updates on PPI Judicial Review and claims on hold

Hi, I have been reading with interest this thread as I have a few complaints going through with various banks at the moment, some of which are on hold and its been a great help so thank you everyone involved!

Just a quick thread to see if any one can help with one of my complaints. I apologise if im not on the right thread but I dont really know what im doing!

I have received a letter from the Financial Ombudsman Service today regarding a Capital One Credit Card complaint that was rejected by Capital One and has now been rejected by an adjudicator, they have said my next step is to respond with more reasons as to why it was mis - sold to me which I intend to do and if they still disagree I can ultimately refer the complaint to an Ombudsman.

the PPI was sold to me when i called to activate a replacement credit card in 2006, yet Capital One have said they do not hold a copy of the call recording. FOS have rejected my complaint and dont seem to have taken into account my testimony at all, but have pretty much said that if the sales script capital one provide is correct then thats all that matters, they dont need to hear the actual call. I find this quite disturbing as it means they can get away with saying whatever they wish to customers and get away with it!!

My question is, are Capital One required to keep a copy of the call recording for a certain amount of time and is there any law that states they have to? if there is not and the FOS are not going to take their lack of keeping records into account it seems that there will be a lot of people being rejected and the banks are going to win yet again. Before I respond to FOS, if I had knowledge of some sort of law to state that Capital One should have kept a record of the sale I think i might stand a better chance.

Any help would be greatly appreciated.

Hi and welcome to LB.

I understand calls were recorded as from Jan 2005, but unsure if they would keep details of them all, but if not by disc, then they may have the details by written transcripts.

Did you request a Subject access Request (SAR)?

http://www.ico.gov.uk/for_organisati...rotection.aspx

[ncf355]

Re: Latest updates on PPI Judicial Review and claims on hold

I'd also insist that FOS send you a copy of the script they claim Cap One used

If they have access to it, you ought to be able to see it

[EXC]

Re: Latest updates on PPI Judicial Review and claims on hold

If the FOS are claiming that they are satisfied with the written sales script you might want to remind them that Capital 1 were fined by the FSA for, amongst other reasons, not monitoring sales calls effectively.

BBC NEWS | Business | Capital One fined over PPI sales

[Leucareth1971]

Re: Latest updates on PPI Judicial Review and claims on hold

Hi Looks like they recorded mine in 1997. Sent my Cap 1 claim to the FOS last week and today received another letter from Cap 1 stating "However I understand you'd like a recording of the telephone call that took place on the 22nd Aug 1997 I can confirm that we will not provide a transcript or recording of the telephone call where you purchased the PPI policy

Read more at: Do I need to wait - Page 2 - Legal Beagles Consumer Forum

[Class Act]

Re: Latest updates on PPI Judicial Review and claims on hold

Hi, I have been reading with interest this thread as I have a few complaints going through with various banks at the moment, some of which are on hold and its been a great help so thank you everyone involved!

Just a quick thread to see if any one can help with one of my complaints. I apologise if im not on the right thread but I dont really know what im doing!

I have received a letter from the Financial Ombudsman Service today regarding a Capital One Credit Card complaint that was rejected by Capital One and has now been rejected by an adjudicator, they have said my next step is to respond with more reasons as to why it was mis - sold to me which I intend to do and if they still disagree I can ultimately refer the complaint to an Ombudsman.

the PPI was sold to me when i called to activate a replacement credit card in 2006, yet Capital One have said they do not hold a copy of the call recording. FOS have rejected my complaint and dont seem to have taken into account my testimony at all, but have pretty much said that if the sales script capital one provide is correct then thats all that matters, they dont need to hear the actual call. I find this quite disturbing as it means they can get away with saying whatever they wish to customers and get away with it!!

My question is, are Capital One required to keep a copy of the call recording for a certain amount of time and is there any law that states they have to? if there is not and the FOS are not going to take their lack of keeping records into account it seems that there will be a lot of people being rejected and the banks are going to win yet again. Before I respond to FOS, if I had knowledge of some sort of law to state that Capital One should have kept a record of the sale I think i might stand a better chance.

Any help would be greatly appreciated.

FOS reject a high number of CC PPI and unless you have something substantial like, pre existing, unemployed or self employed at the POS then you may sturggle here.

I think I am in right in saying that Cap One state nearly all their sales were Non Advised (whatever that means!) so the suitability or them having to prove suitability is not an issue.

Can I ask what your circumstances were when they sold you the thing?

[leclerc]

Re: Latest updates on PPI Judicial Review and claims on hold

A lot of the "scripts" that are mentioned are based on the training given ie the seller should do this or that, however, in my experience in banking what you should do and how you should present something is not necessarily what you actually do. If that was the case then there would probably be a lot less consumers stating how useless the bank was in dealing with a basic complaint. The way PPI misselling claims work are that they will trace the employee if they work for the company and to ask them whether they remember the conversation(how on earth you remember a sale 3 years later is beyond me). That employee is hardly going to say that they cut corners even if they could remember. The bank may well take into consideration complaints about misselling made against the employee cos that may show a pattern and may prove misselling or not(in their eyes).
The "scripts" are what are probably what is regulatory but I suspect some of their "top tips" may stretch those scripts to a borderline that might dip the toe over into that.

Most recorded calls, if they exist, will be kept for 3 to 6 months and a transcript would only be available within that timescale otherwise the call would no longer be kept and the call would be over recorded so to speak.

[mosten]

Re: Latest updates on PPI Judicial Review and claims on hold

still no whispers on to when judgement will be handed down yet then ?

[mosten]

Re: Latest updates on PPI Judicial Review and claims on hold

Hear whisper it should be this TUESDAY 5TH APRIL... fingers crossed it is then

[di30]

Re: Latest updates on PPI Judicial Review and claims on hold

Hear whisper it should be this TUESDAY 5TH APRIL... fingers crossed it is then

Hiya

Have been checking around the net but nothing yet, so lets hope there will be some news for us by next Tuesday, yeah fingers crossed.

[EXC]

Re: Latest updates on PPI Judicial Review and claims on hold

Hear whisper it should be this TUESDAY 5TH APRIL... fingers crossed it is then

I doubt it as the the judge hasn't asked the court for the judgment hearing to be scheduled yet, according to listings.

Although I believe he's written his judgment it has to go out to the 4 parties in draft form pending requests for corrections of any errors of fact. So until that process is complete, it won't get listed.

[mosten]

Re: Latest updates on PPI Judicial Review and claims on hold

is there a link for the hearings date schedules please..

[EXC]

Re: Latest updates on PPI Judicial Review and claims on hold

is there a link for the hearings date schedules please..

Yes but they only publish the hearings scheduled for the following day.

Court Hearings - daily lists - Administrative and Divisional courts

[cappo]

Re: Latest updates on PPI Judicial Review and claims on hold

another bit of news that might be relevant to some not about j.r though i,m afraid but i don,t know where to put it.


Lords condemn Big Four audit firms for role in crisis - Yahoo! UK & Ireland Finance