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I took out cc with Capone in 2003 and contacted them 3 months ago to make a claim for mis-sold ppi, I have had a rejection letter along with initial application form ( which clearly showed i did not want the ppi) and a long letter giving the reasons why it was not upheld, also the t&c's for the added ppi. they say the ppi was added after a phone conversation which I agreed to ( I dispute this). I phoned Capone today to ask if they have proof I signed for the ppi and they said you don't need as done over the phone, also if I want proof of phone recording to write to CEO of Capone. All the reasons i gave in my initial complaint they have said that because it was unadvised, it was my desicion to have it and i could have cancelled at any time ???? The card was paid off last year and account closed, my hubby has been claiming with other companies and that is when I thought i would phone and enquire if i had ppi, I never actually thought i did as i NEVER gave consent to have it, I might come across as being naive but 10 years ago I was, I very rarely checked my statements ( paid by dd) and I must have thought it was same as interest????? My work has excellent benefits package so would never have needed this, I was also in financial hardship at the time i took out this cc so the extra i was charged would have came in very handy to me at the time. Do I send a Letter before action to the CEO? Also just noticed that in the t&c's that they have just sent, it states in section 5 how long does your protection last? - the date on which you fail to pay any monthly payment when it is due. ( I'm sure i had a few of those over the years). Can anyone give any advice please?
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Re: PPI Capital one unadvised cc refusal
Hi and welcome
First of all do you have the letter (so that you could post it on here please)? we can work on it from here on what to write.
If they have provided you with the final decision (where they do not give you the opportunity to write back to them with further info) then you could then try the CEO avenue before going to the FOS.
But if possible, please could you post up the letter minus the personal details etc?
Cheers.
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Re: PPI Capital one unadvised cc refusal
.........another thing comes to mind as well, they say that you agreed by phone, so with that if that was the case they must then have the evidence of this (I doubt they really have), so it is worth requesting they send you copies of all concrete evidence they hold in order to reject your complaint.Comment
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Re: PPI Capital one unadvised cc refusal
hi and thanks for the quick reply, i cant get the blooming letter attached so will manually write it ~
Thank you for your recent correspondence. I can understand you are unhappy with the way the PPI was sold and you believe it may have been mis-sold. We completed a comprehensive sales review in line with the current FCA rules and guidance, and considered each of the points you have raised within your letter.
your compaint - You believe that when you purchased PPI, it was sold in a way that was inappropriate. As a result you believe that if you had been fully aware of the product details at the time it was sold to you, then you would not have purchased PPI.
You have requested a full refund of premiums and interest.
circumstances - You applied for a CAPONE cc account by completing a postal application on 3 may 2003. At this point you did not indicate that you wanted to purchase PPI and as a result was not applied at this stage. You later purchased the policy during a phone conversation on 22 July 2003. At the time you purchased PPI, you were 20 years old and living in the UK. When you applied for your cc you were employed and at the time of purchase we would have reconfirmed that you were eligible for the PPI. Therefore we did not identify anything to suggest you were ineligible for the PPI. Capone sold cc PPI on a non-advised basis, we did not provide advice. Our role was to introduce the features and benefits of the product and to provide sufficient info for customers to make their own conscious decision.Comment
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Re: PPI Capital one unadvised cc refusal
carried on -
Findings - on receipt of your complaint letter we completed a full mis-selling review. we have looked at the process that our representative would have followed during the call when you purchased PPI, along with the info you were sent. As part of this review we have ensured that we have covered all of the points raised in your letter and my response to these points is as follows: 1 pre-existing medical conditions - capone sold ccc PPI on a non-advised basis and as a result there was no requirement to ask about your medical history, we think it is reasonable for our customers to be aware of any pre-existing medical conditions at th e time they purchased PPI. During the telephone conversation, our rep would have provided an overview of how pre-existing medical conditions might affect a claim on the policy and full details were explained in the policy document sent to you. If you had any queries about the cover, you could have contacted us anytime to discuss the policy further. 2 Suitability/employer benefits - as PPI was purchased on a non-advised basis, it was your responsibility to confirm that the policy was suitable for your needs. Our reps are trained to give an overview of the policy details and would have given you an overview of the price and what you would be covered for, as well as providing info on the main exclusions of the cover to enable you to make a decision whether PPI was suitable for you or not. You were then sent a policy document which gave the full terms and conditions of the policy. 3 - terms and conditions - The exclusions of the policy would have been covered by our representative during the call. A PPI disclaimer would have been read to you at the time the policy was purchased. In addition to info you received as part the call when you purchased PPI, you received a full policy document, which also explained the exclusions of the policy. You had 30 days cooing off period to review the documents, seek clarity if necessary and cancel the policy without charge.Comment
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Re: PPI Capital one unadvised cc refusal
carried on -
I have included a copy of the application form and the full policy document for your ref. Conclusion - Following a complete investigation we are confident that the policy was sold appropriately. We believe that you were provided with sufficient info to make an informed desicion to purchase the policy. As this is the case i will not be looking to refund any of the premiums or associated interest that has been charged to your A/C. If you feel that you did not meet the eligibility criteria at the time you purchased the PPI or have additional info about your personal circumstances that we have not considered within our investigation, please write back to us ASAP with the relevant details and we will gladly review your case again. financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the FOS within 6 months from the date of this letter. Their contact details are in the FOS leaflet w.hich is included, along with our complaints leaflet.
signed and dated by Liam Quegan (Head of Executive Response Centre).
I have just noticed that on my initial copy of my application form that they sent back to me, it has my previous address typed at the top of the page with my current address in my writing next to it but at the time i applied i was living at my current address and had been for a couple of years????????Comment
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Re: PPI Capital one unadvised cc refusal
Hi there and WOW!!! bet your fingers are aching!!!
What I would do before taking this to the FOS is to find out who the CEO (Chief Executive officer) is and email/write to him or her and state your disappointment with his complaints team for the outcome of your complaint that was rejected.
I would enclose a copy of the letter or complaints form and a copy of the rejection letter, and ask to review your complaint as you do not feel your complaint been taken seriously and you only rightly made the complaint in the first place because you believe you have a genuine reason to have made the complaint.
I would also raise the matter of the telephone call and ask for written evidence of the call made and what was said etc.
Anything you can add further to strengthen your case. Also ask if they can write back to you by 14 days of your letter.
You can of course mention about the address too at the same time.
Hope this helps you, good luck please keep us posted. :tinysmile_grin_t:Comment
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Re: PPI Capital one unadvised cc refusal
I'm a little confused why they are saying this was a non-advised sale?
They also invite you to write back if there is more information you've not provided.
I had a similar issue with a high pressure PPI sale from Barclaycard.
When i applied for the card in 2001 i did not tick the box for PPI as i did not need it.
A year or two later they played a little trick on me. When the card expired they sent me a new card and in order to confirm receipt of the card and activate it i had to call a number. Now this could have been an automated line or an instruction to go to a cash point but it wasn't......
After verifyfing my ID they activated the card. Then I then had a very pushy person convincing me to take PPI which the fool I was i agreed too. This was an advised sale and i managed to get a refund when i presented what happended.
A friend of mine also had an experience when the company cold called one evening and sold a policy to him.
I appreciate 2003 is a long time ago but...
They mention a phone conversation, did you phone them specifically to request PPI?
Did you think the PPI was in your best interest?
Did they tell you how wonderful the policy was or ask you any questions? Tell you about any conditions?
What were your personal circumstances?Comment
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Re: PPI Capital one unadvised cc refusal
No I didn't phone them to request PPI, I can't remember the call TBH but if I state on my application form that I didn't want it, I wouldn't change my mind after a couple of months as my circumstances hadn't changed, I worked for RM (and still do and they have an excellent benefits package). If the call did take place then i agree that I must have been pushed into it or ill-advised (who is gonna buy a policy over the phone without being "advised". Maybe I need help in wording my letter to the CEO as in hindsight i think on my initial complaint letter i was too "nice". Thanks for the advice tho.Comment
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Re: PPI Capital one unadvised cc refusal
http://www.fsa.gov.uk/library/commun...2007/022.shtml
And, they failed to send out the full policy earlier than 2005, either. We hold an admittance to that fact in a letter from them on or around 2007!Comment
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Re: PPI Capital one unadvised cc refusal
Was it not just people who took out cc's with Capone in 2005/6?Comment
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Re: PPI Capital one unadvised cc refusal
No, it was going on well before 2005 when the FSA took over the Regulation of General Insurance (PPI).Originally posted by Juju221 View Post
And, Capone did subscribe to the GISC...!Comment
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Re: PPI Capital one unadvised cc refusal
Update: sent off 1st letter to CEO(phoned cap 1 for address) by 1st class recorded del on 2 sep giving 14 days to reply, still going through Royal Mail system??? Sent off same 2nd letter last Friday 20 sep by 1st class recorded del, still showing as being processed??? Im not sure what to do next, the CEO should have received both letters by now but they are not showing up as being signed for. Anyone got any other advice please and thanks in advance
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Re: PPI Capital one unadvised cc refusal
What address did you send the letters to?
Sounds like they are being re-directed!?Comment
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