Refused ppi claim black horse and capital one

[ricvan1]

Hey guys i just got a letter back from black horse saying after looking at my case they belive it was sold fairly. I have 14 days to reply to this
The main argument was that they told me that it would help my chances of getting the loan which was a lie

Just wondering which way to reply about this realy ?

And also had a letter from capital one saying that i accepted ppi during a phone conversation a month after i had the policy even tho i never did and the application says not

Please help me with which way to go with the compliants thanks

[Bill-K]

Re: Refused ppi claim black horse and capital one

Hi Ricvan1 and welcome to you. I generally do the figurework for PPI, so you may get better advice later. For now, take a look at the list of possible reasons for claiming mis-selling and see if there are others that also apply. I think the next thing would be to ask BH what evidence that have found that supports their assertion that the PPI was not mis-sold - considering the huge weight of probability that it was. You might like to quote from the FSA Dispute Resolution Handbook within PS 10/12:-

DISP APP 3.2.2 The firm should seek to establish the true substance of the complaint, rather than taking a narrow interpretation of the issues raised, and should not focus solely on the specific expression of the complaint. This is likely to require an approach to complaint handling that seeks to clarify the nature of the complaint.

DISP APP 3.3.1 Where a complaint is made, the firm should assess the complaint fairly, giving appropriate weight and balanced consideration to all available evidence, including what the complainant says and other information about the sale that the firm identifies. The firm is not expected automatically to assume that there has been a breach or failing.

DISP APP 3.3.2 The firm should not rely solely on the detail within the wording of a policy's terms and conditions to reject what a complainant recalls was said during the sale.

DISP APP 3.3.3 The firm should recognise that oral evidence may be sufficient evidence and not dismiss evidence from the complainant solely because it is not supported by documentary proof. The firm should take account of a complainant's limited ability fully to articulate his complaint or to explain his actions or decisions made at the time of the sale.

DISP APP 3.3.4 Where the complainant's account of events conflicts with the firm's own records or leaves doubt, the firm should assess the reliability of the complainant's account fairly and in good faith. The firm should make all reasonable efforts (including by contact with the complainant where necessary) to clarify ambiguous issues or conflicts of evidence before making any finding against the complainant.

DISP APP 3.3.5 The firm should not reject a complainant's account of events solely on the basis that the complainant signed documentation relevant to the purchase of the policy.

DISP APP 3.3.9 In determining a particular complaint, the firm should (unless there are reasons not to because of the quality and plausibility of the respective evidence) give more weight to any specific evidence of what happened during the sale (including any relevant documentation and oral testimony) than to general evidence of selling practices at the time (such as training, instructions or sales
scripts or relevant audit or compliance reports on those practices).

As regards CapOne, this seems to be a regular trick that lenders are now using. Again, they need to provide evidence of this to support their claim. If they cannot, then they have no defence, because you didn't tick the box on the application or agreement, which is the basis for your claim. They must provide evidence to show that the agreement was subsequently modified. Some of the above guidelines could be used here.

[ricvan1]

Re: Refused ppi claim black horse and capital one

great advice mate so big thanks with bh

as for capital one the letter said final responce does this mean i have to go to fos
now or can i still talk to them about this matter

[di30]

Re: Refused ppi claim black horse and capital one

great advice mate so big thanks with bh

as for capital one the letter said final responce does this mean i have to go to fos
now or can i still talk to them about this matter

Hi

Excellent advice given by Bill.

With CAP ONE, going by your post on the other thread, they said something about a phone call was made, I would be requesting for a copy of it, see what they say then.
Some will consider further if you've more information to give, so if you do, let them know you do not agree with the decision, and that you are requesting they look into it further and provide you with the evidence of the phone call.
Give them 14 days to get back and tell them if you hear nothing, you will consider taking the matter further. (Then complain to the FOS).Good luck.

If they cannot provide it then I would be wondering how they got the info.

[Bill-K]

Re: Refused ppi claim black horse and capital one

Thanks Di, and I agree with you - try and get a phone recording. If you quote some of those DISP APP guidelines, it shows you're treating this seriously and probably taking advice. I often mention to them that it will cost them a further £500 or more if the claim is referred to the FOS. SO, yes - as Di says - write back to them with a 'final answer ?' letter - and if no useful response within the specified period, send it to FOS.
During this time, you might want to start assembling your figures if you haven't done so yet, so that you will have an idea of whether to accept or refuse the settlement offers.
Taking a look at the PPI resource section of the FOS website might be good as well. There's a claim questionnaire that they will need if you submit a claim - and also a claim form. Lots of questions, but don't be daunted. Just answer what you can.

[ricvan1]

Re: Refused ppi claim black horse and capital one

thanks guys u have been very helpful