Non-advised Sale

[cappo]

hi guys just a quick question why is a credit card thats classed as a non- advised sale so hard to make a case for a ppi missale on,i,m currently trying to claim on a capital one card,thats all i seem to keep getting off the fos how they did,nt have to do this or prove that as it was you guessed it non advised,surely there are grounds for claiming on non-advised as well?

[Paul210]

Re: Non-advised Sale

this sounds like classic cap one, they seem to offer on small cases and use the non advised excuse on anything that might cost them more than the FOS fee.

it being non advised and a distance sale means that they can claim to have given verbal disclosure if done over phone or to have enclosed a ppi leaflet if done by post and there isnt really any way you can prove otherwise. (if verbal have they provided a copy of the call recording?)

are there any pertinant facts relevant to why insurance wasnt a viable product? (other than the usual ripoff cost), i.e. pre existing medical conditions,self employed, not full time uk resident, alternative cover in place at time, worked less than 16hrs per week for 1 employer, unlikely to ever need to claim i.e. in armed forces etc etc

If any of these apply you need to make FOs aware, therefore they can look at breach of principles as you were unlikely to ever had claimed on insurance.

[cappo]

Re: Non-advised Sale

this sounds like classic cap one, they seem to offer on small cases and use the non advised excuse on anything that might cost them more than the FOS fee.

it being non advised and a distance sale means that they can claim to have given verbal disclosure if done over phone or to have enclosed a ppi leaflet if done by post and there isnt really any way you can prove otherwise. (if verbal have they provided a copy of the call recording?)

are there any pertinant facts relevant to why insurance wasnt a viable product? (other than the usual ripoff cost), i.e. pre existing medical conditions,self employed, not full time uk resident, alternative cover in place at time, worked less than 16hrs per week for 1 employer, unlikely to ever need to claim i.e. in armed forces etc etc

If any of these apply you need to make FOs aware, therefore they can look at breach of principles as you were unlikely to ever had claimed on insurance.

well paul my wife wouid,ve brought home £1150.00 after tax i wouid have brought home £400.00 s.s.p my stepson was giving us £240.00 a month rent if i,d been out of work or injured, fos said it wasn,t enough and i wasn,t covered, i had about 200k of insurance not at the time unfortunately but about a year later, i was employed at the time i took the insurance but i got laid off later and worked for an agency,i went self employed for a while and when i had the stroke i was on a fixed term contract so i couid,nt claim on the policy at least 3 times,had a knee,tib and fib compound fracture which never healed properly and resulted in myself having to go to the hospital biomechanics dept and ultimately not being able to walk without a limp,to the point where i was diagnosed with a totally worn out kneecap which needed an operation but according to the fos i,ve no grounds for a complaint. oh i aplied for the card after i recieved a mailing shot but i never recieved any t&c,s only a summary,it was only 6 weeks before cap 1 was fined by the fsa, i was told that was irrelevent as well.

[Paul210]

Re: Non-advised Sale

i wouid have brought home £400.00 s.s.p

Was the card in your name, your wifes or joint, if joint who did the ins cover?

by ssp i assume you mean stat sick pay??

if thats the case, how long were you off far at that time and what was the reason, could it be a relevant pre existing condition?

[cappo]

Re: Non-advised Sale

Was the card in your name, your wifes or joint, if joint who did the ins cover?

by ssp i assume you mean stat sick pay??

if thats the case, how long were you off far at that time and what was the reason, could it be a relevant pre existing condition?

the card was in my name all the insurances were in my name (inc ppi) the fos said it wouid,nt have mattered if i,d had 100 insurances,strange i know,the leg came about in 1987 caused by a moterbike accident paul,i couid,nt walk half the time,i couid,nt wear safety boots for my job and i was told that my leg wouid eventually put me in a wheelchair,i tried to claim (not on the policy lol) as i thought it was as a medical condition and as i had taken out the card in2007 i,d say it was definitly pre-existing i also had a pfo (hole in my heart and high chloresterol) which i did,nt know about in 87 and i had a stroke in 2009 which was caused by the pfo,the fos wouid,nt buy that either.

[di30]

Re: Non-advised Sale

I understand your GP would hold all records, but when requesting for them there is a charge, but it may be a help in your case.
Just a suggestion really.
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I assume you have already checked this out Cappo?

http://www.fsa.gov.uk/pages/Library/...2007/022.shtml

The Financial Services Authority has today fined Capital One Bank (Europe) Plc (Capital One) £175,000 for failing to have adequate systems and controls for selling Payment Protection Insurance (PPI) insurance and for failing to treat its customers fairly.


As you will note though this is in regards of policies 2005 on etc, but still.

[cappo]

Re: Non-advised Sale

I understand your GP would hold all records, but when requesting for them there is a charge, but it may be a help in your case.
Just a suggestion really.
------------------------------- merged -------------------------------
I assume you have already checked this out Cappo?

http://www.fsa.gov.uk/pages/Library/...2007/022.shtml

The Financial Services Authority has today fined Capital One Bank (Europe) Plc (Capital One) £175,000 for failing to have adequate systems and controls for selling Payment Protection Insurance (PPI) insurance and for failing to treat its customers fairly.


As you will note though this is in regards of policies 2005 on etc, but still.

yes i brought this up with fos di i ,ve said basically that in there remit of "what is fair and reasonable" wouid have been that capital one sold my policy exactly the same as they sold the disputed policies, i wasn,t one of the "lucky" ones and brought my policy 6 weeks before the fsa took over regulation i,m sure if the fsa took over regulation in 2004 instead of 2005 it wouid have been a different story as i,m sure i was sold exactly the same way, i had to get a ppi,s standard t&c,s off here because i never got any,the banks are pitiful arn,t they.

[Paul210]

Re: Non-advised Sale

Cappo,

From what your saying there may be a possible line to raise with FOS, you state you had to get typical T&C's from here as cap one didnt send you any, so presumably you didnt receive a copy of the policy document, this may well be relevant.

With the pre existing conditions (injury to leg and pfo) this means the cover may not have been suitable for you as any complications from these would mean you couldnt claim, Cap One would defend this by saying was a non advised sale so therefore they only have to provide you with a copy of the relevant disclosure docs (including policy document) and its then up to you to read, make sure suitable and cancel within the cooling off period if not.

If you didnt receive a copy of the policy document then you were denied the chance to do this and as such may be constued as a breach of princilpes on a tcf (treating customers fairly) basis by arguing if you have been aware you wouldnt be covered for likely complications arising from serious conditions then you would have cancelled the cover. Might be worth raising this with FOS and seeing what they say.

I think simply relying on the fact cap one have been fined before so therefore must have mistreated you isnt going to cut it with FOS, they will want a specific instance of you being disadvantaged.

Its worth a try, good luck and let us know what they say.

[cappo]

Re: Non-advised Sale

Cappo,

From what your saying there may be a possible line to raise with FOS, you state you had to get typical T&C's from here as cap one didnt send you any, so presumably you didnt receive a copy of the policy document, this may well be relevant.

With the pre existing conditions (injury to leg and pfo) this means the cover may not have been suitable for you as any complications from these would mean you couldnt claim, Cap One would defend this by saying was a non advised sale so therefore they only have to provide you with a copy of the relevant disclosure docs (including policy document) and its then up to you to read, make sure suitable and cancel within the cooling off period if not.

If you didnt receive a copy of the policy document then you were denied the chance to do this and as such may be constued as a breach of princilpes on a tcf (treating customers fairly) basis by arguing if you have been aware you wouldnt be covered for likely complications arising from serious conditions then you would have cancelled the cover. Might be worth raising this with FOS and seeing what they say.

I think simply relying on the fact cap one have been fined before so therefore must have mistreated you isnt going to cut it with FOS, they will want a specific instance of you being disadvantaged.

Its worth a try, good luck and let us know what they say.

i,ve tried all that paul the adjudicator is not having it,i don,t know why ,i think there being very unreasonable so far all i,m getting is this non advised rubbish

[Paul210]

Re: Non-advised Sale

with things like this, how you say it can be as important as what you say, would you be able to upload any correspondence regarding your dealings with FOS, sounds like theyve already made up their mind to kick this one into touch but it may be theres something in there that can be used (dont bother with the original Cap one letter declining complaint, i've seen more than enough of these to know what theyre saying and its likely to be too many pages)

[cappo]

Re: Non-advised Sale

with things like this, how you say it can be as important as what you say, would you be able to upload any correspondence regarding your dealings with FOS, sounds like theyve already made up their mind to kick this one into touch but it may be theres something in there that can be used (dont bother with the original Cap one letter declining complaint, i've seen more than enough of these to know what theyre saying and its likely to be too many pages)

i wish i couid my man i,ve not got a scanner and theres far to much to type out,if i had the scanner i couid just scan it all in and send it,she,s sent me two big letters which amounts to some 10 pages is there any other way of getting copies to you i,ve got a photocopier.

[cappo]

Re: Non-advised Sale

with things like this, how you say it can be as important as what you say, would you be able to upload any correspondence regarding your dealings with FOS, sounds like theyve already made up their mind to kick this one into touch but it may be theres something in there that can be used (dont bother with the original Cap one letter declining complaint, i've seen more than enough of these to know what theyre saying and its likely to be too many pages)

my wife informs me that the photocopier is also a scanner,i,ll get the wife to scan everything through for you later today,i don,t even know how to use it paul,thanks for your help,i,ve got to get some stuff to bill as well thats excellent.

[Paul210]

Re: Non-advised Sale

do you have a local internet cafe that might have a scanner? if so try and upload to here or if not email to yourself then pm me, i'll send you my email and you can fwd on.
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think you posted whilst i was typing lol. good news, i'll have a look at once up and get back to you.

[cappo]

Re: Non-advised Sale

do you have a local internet cafe that might have a scanner? if so try and upload to here or if not email to yourself then pm me, i'll send you my email and you can fwd on.
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think you posted whilst i was typing lol. good news, i'll have a look at once up and get back to you.

yes if you,d be kind enough to pm me your email address paul then i,ll get my wife to send me an email,i,ll then forward email it to you,cheers,steve

[Paul210]

Re: Non-advised Sale

done.