Capital One PPI claim rejected by Ombudsman

[Bazza]

Basically I had an ongoing PPI Claim with Capital One (since October 2012) in which was rejected and referred to FOS. This was again rejected on the basis that it was a non-advisable sale and suitable for my circumstances even though I was in full-time employment, with sufficient redundancy fund and sick-pay cover etc for the rather small amount outstanding of nearly £500 (my credit limit).

I did further argue the case, that I had not ticked any PPI agreement box on my postal application but for some reason it was added at a later date (about 6 weeks) in which they advised I agreed to. When I requested details regarding the later agreement, the copy that they sent is not a very good one and quotes a completely different Capital One account number ?

Anyway complaint was then passed to the ombudsman, and I have today received their findings and they have also decided not to uphold my complaint.

Has anyone experienced the above with Capital One (or any other entity) / FOS / Ombudsman and could possibly enlighten me regarding the Final Decision Acceptance / Rejection Form to sign. What happens if I reject the decision ? Will I still have an opportunity to provide any further reasons why I disagree or request any further details from Capital One ?

As this was one of my initial complaints and obviously know more now than then, I did not proceed with a SAR as I still had all of my statements and copy of my application form.

They also state that they are happy to discuss with me about rejecting / accepting the decision but they cannot discuss the detail of the complaint ?

I have searched various forums regarding Capital One and believe they reject a majority of any claims presented but also wondered am I wasting my time in pursuing the matter ?

Sorry for any silly questions but this is my first experience of this situation and would appreciate some clarity in the matter.

[di30]

Re: Capital One PPI claim rejected by Ombudsman

Hi Bazza

So sorry to hear this.

Are you able to post the letter up (be deleting then personal bits)? not to worry if your not able to.
Did the letter actually say you can forward anything further?

I was reading some of the cases of rejected complaints on the FOS website, and most of them that was rejected by the Adjudicator, always seem to be the case for the Ombudsman as well, its so frustrating and yet it doesnt feel fair either.

I know you can ask the matter to be looked at by the Manager if you believe your case has not been fairly dealt with, I believe this is the assessor.

Take a look and read through the link below, to see if its any help for you to know where to take this.....

http://www.financial-ombudsman.org.u...-standards.htm

[L'pool64]

Re: Capital One PPI claim rejected by Ombudsman

Hi Bazza,

sorry to to hear about the trouble you are having with FOS/Capital One. Di will help you, if you post up the letter etc......( she is brilliant ). May I ask you to have a look at my "Capital One" thread, just further down the index page. You may be able to use something there. When I prepared my case to the Ombudsman, I also send in evidence of a) policy documents not sent out and b) a case that they had upheld etc. I will try and send them to you.

if you can also look through some of the threads where Victoria has given technical advice, I know that you will find something. I wish you the best of luck with a heart and a half.

:beagle:

[L'pool64]

Re: Capital One PPI claim rejected by Ombudsman

Hi Bazza,

as as advised above. See below two entries that may assist your case. I'm sure Di would agree, send as much evidence as you can gather to the Ombudsman in support of your case.


Extract from a recent entry on an Internet forum relating to PPI.


"Just had a letter from fos upholding my claim against Capital One,


it was rejected twice by Cap one, saying I had ticked the box therefore I knew what I was buying....




But I work in the public sector with an excellent sick pay scheme, and did 10 years ago when I took out the card. ........"




So don't be put off just keep at them !


4th July 2013




Extract from an Internet forum re Capital One PPI policy.


I have a Capital One card and decided last week to try to claim back the PPI. below is an extract from a letter received from Capital One.




"You have been protected by PPI since 14/08/2003."




"Your PPI can cover your Capital One credit card payments if something happens to you and you can't make them. (please note for policies starting before 14 Jan 2005 no policy summary is included).




20th August 2012

Would I fight them? Until I had exhausted both myself and every source I had!!!!!!!

hope this helps, if you have any more questions after reading my thread, which has lots of very good input from Di, Victoria and Loulou, please come back to me. Everyone of us are delighted to help.

All the best.




:beagle:

[Bazza]

Re: Capital One PPI claim rejected by Ombudsman

Hi Bazza,

as as advised above. See below two entries that may assist your case. I'm sure Di would agree, send as much evidence as you can gather to the Ombudsman in support of your case.


Extract from a recent entry on an Internet forum relating to PPI.


"Just had a letter from fos upholding my claim against Capital One,


it was rejected twice by Cap one, saying I had ticked the box therefore I knew what I was buying....




But I work in the public sector with an excellent sick pay scheme, and did 10 years ago when I took out the card. ........"




So don't be put off just keep at them !


4th July 2013




Extract from an Internet forum re Capital One PPI policy.


I have a Capital One card and decided last week to try to claim back the PPI. below is an extract from a letter received from Capital One.




"You have been protected by PPI since 14/08/2003."




"Your PPI can cover your Capital One credit card payments if something happens to you and you can't make them. (please note for policies starting before 14 Jan 2005 no policy summary is included).




20th August 2012

Would I fight them? Until I had exhausted both myself and every source I had!!!!!!!

hope this helps, if you have any more questions after reading my thread, which has lots of very good input from Di, Victoria and Loulou, please come back to me. Everyone of us are delighted to help.

All the best.




:beagle:

Many thanks for your posts and will try and scan up letter tomorrow as mine is not working and will use works one.

Basically the letter states that the Ombudsman has now rejected my claim on the basis that I ticked a Yes box supposedly a couple of weeks after initial application even though I had left blank on the original documentation ?

The copy that I have agreed to is not very good but it quotes a different Capital One Account number and has only their recieved dated stamp visible and not the date I signed it ? Now I am sure this was sent with the application ( on the understanding that account would be successful ) as it was a leaflet enclosed (as it states on original application form) all very confusing. I have also noted that in Capital One's response they quote that requested PPI on the 18th December 1999 yet received stamp dated 14th December ?

I had previously requested a better copy of said document but it was never provided but Capital One say that I should have reviewed details before sending back.

What also concerns me is that the Ombudsman says that they think Capital One made me aware that the PPI was optional due to the ticking of the 'Yes' box yet Capital One in their evidence say that the policy was sold on a non-advised basis ?

So now I have also to respond with an acceptance / rejection form provided before 10th June but they have finished investigating the case and cannot discuss further anything about the detail of complaint ?

I will post up letter details tomorrow but in the meantime any help would be appreciated what to do next.

[Bazza]

Re: Capital One PPI claim rejected by Ombudsman

Hi Bazza

So sorry to hear this.

Are you able to post the letter up (be deleting then personal bits)? not to worry if your not able to.
Did the letter actually say you can forward anything further?

I was reading some of the cases of rejected complaints on the FOS website, and most of them that was rejected by the Adjudicator, always seem to be the case for the Ombudsman as well, its so frustrating and yet it doesnt feel fair either.

I know you can ask the matter to be looked at by the Manager if you believe your case has not been fairly dealt with, I believe this is the assessor.

Take a look and read through the link below, to see if its any help for you to know where to take this.....

http://www.financial-ombudsman.org.u...-standards.htm

Thanks Di and will do as I don't want to give up on this one !

Just feel that the reasoning for rejection have just gone with the Bank and not even taken into account that the policy was mis-sold.

I will try and put up details tomorrow but I have never incurred this situation before wanted to know if I can still pursue further.

[Mr $quanda£ot]

Re: Capital One PPI claim rejected by Ombudsman

I have been dealing with the Fob Off Service regarding an entirely different type of issue (spread betting) recently.

Like in your case, the ombudsman did not uphold my complaint.

I got a call from today regarding the accept/reject form. I told them that I wouldn't be responding and called them the Fib Off Service throughout the call.

They took 18 months with me. Unfortunately, those guys are funded by the f institutions so whose side do you think they are likely to take?

Basically, if you accept the decision then both parties will be bound by it. If you reject, then you will be free to take Capital One to court, or any other further action.

I just can't be bothered to post the form back and I'll dpend thst 62p a first class stamp would cost me on tonight's football bet!

[Mr $quanda£ot]

Re: Capital One PPI claim rejected by Ombudsman

I have been dealing with the Fob Off Service regarding an entirely different type of issue (spread betting) recently.

Like in your case, the ombudsman did not uphold my complaint.

I got a call from today regarding the accept/reject form. I told them that I wouldn't be responding and called them the Fob Off Service throughout the call.

They took 18 months with me. Unfortunately, those guys are funded by the f institutions so whose side do you think they are likely to take?

Basically, if you accept the decision then both parties will be bound by it. If you reject, then you will be free to take Capital One to court, or any other further action.

I just can't be bothered to post the form back and I'll spendth the 62p a first class stamp would cost me on tonight's football bet!

[L'pool64]

Re: Capital One PPI claim rejected by Ombudsman

Hi Bazza,

you go through a whole range of emotions during this process, but in responding to the Ombudsman re Capital One, it is definitely a "dish that is best eaten cold"!!!

You need to look at what you have been sent from the Ombudsman and treat each point separately, using where ever possible the regulators own rules.

I don't know on what basis (exactly) you have fought Capital One, hopefully the following will help.

(A) DISP App 3.2.2 01/12/2010

FCA 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.

This rule sets the tone of your response.



The regulators have stated that any company in this case, I e Capital One, must give their customers enough information, before the sale, so as to put them in a position whereby they can make an informed decision.
In your case there seems to be some discrepancies. Set them out clearly and, apply the regulators rules to each one. See below what I have used specifically re charging.

"e g DISP App 3.6.2. 01/12/2010


FCA In the absence of evidence to the contrary, the firm should presume that the complainant would not have bought the payment protection contract he bought if the sale was substantially flawed, for example where the firm:

did not disclose to the complainant, in good time before the sale was concluded, and in a way that was fair, clear and not misleading, the total (not just monthly) cost of the policy separately from any other prices (or the basis for calculating it so that the complainant could verify it);



1. Charging; there are in fact several aspects to this. It does not cost £xxx amount per hundred as indicated on literature. This is only the initial aspect of the cost. The monthly PPI premium, when added to the ongoing balance of the card (which incurred interest in excess of 20%), increases substantially.


Additionally, supported by the Office of Fair Trading's April 2006 statement into credit card charges, which noted that the level of charges at the time and, prior to that period were unfair, Capitol One's PPI premiums were added to my account, where charges (for late payments and going over the credit limit) well in excess of the recommended £12.00, had been applied. Again, substantially increasing the cost.


So, as per my initial complaint, please explain to me how the information that Capital One provided when I took the PPI out, made these facts clear and, as such, would have put me in a position where I was able to make an informed decision."

I am suggesting that you follow this format ( not necessarily the words!!!), rule, what happened, justification. Be very clear, factual with no emotion and, give them nowhere to go. You have a day or two to put together your case, take your time, hopefully it will be worth it!!

Also, if you have proof re your sick leave entitlement, send that as well.

Hope this makes sense and helps, come back to me if I can help with anything more........

All the very best,

:beagle:

[L'pool64]

Re: Capital One PPI claim rejected by Ombudsman

Sorry Bazza,

to to answer the other part of your query, you can ask for the decision by an Ombudsman to be reviewed.

Regards,

:beagle:

[Bazza]

Re: Capital One PPI claim rejected by Ombudsman

I have been dealing with the Fob Off Service regarding an entirely different type of issue (spread betting) recently.

Like in your case, the ombudsman did not uphold my complaint.

I got a call from today regarding the accept/reject form. I told them that I wouldn't be responding and called them the Fob Off Service throughout the call.

They took 18 months with me. Unfortunately, those guys are funded by the f institutions so whose side do you think they are likely to take?

Basically, if you accept the decision then both parties will be bound by it. If you reject, then you will be free to take Capital One to court, or any other further action.

I just can't be bothered to post the form back and I'll spendth the 62p a first class stamp would cost me on tonight's football bet!

So basically that's it ? Ombudsman's decision is final (even though they basically repeated what the adjudicator / bank said) and it's up to me to take Capital One to court if I reject it ?

What an absolute disgraceful service, Bank rejects mis-selling, Adjudicator then rejects mis-selling agreeing with Bank, Ombudsman then agrees with bank and now over to you to challenge it further in court if you still don't agree !

Not happy at moment and feeling rather frustrated with them and had the liberty to send another survey to me today.

[Bazza]

Re: Capital One PPI claim rejected by Ombudsman

Hi Bazza,

you go through a whole range of emotions during this process, but in responding to the Ombudsman re Capital One, it is definitely a "dish that is best eaten cold"!!!

You need to look at what you have been sent from the Ombudsman and treat each point separately, using where ever possible the regulators own rules.

I don't know on what basis (exactly) you have fought Capital One, hopefully the following will help.

(A) DISP App 3.2.2 01/12/2010

FCA 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.

This rule sets the tone of your response.



The regulators have stated that any company in this case, I e Capital One, must give their customers enough information, before the sale, so as to put them in a position whereby they can make an informed decision.
In your case there seems to be some discrepancies. Set them out clearly and, apply the regulators rules to each one. See below what I have used specifically re charging.

"e g DISP App 3.6.2. 01/12/2010


FCA In the absence of evidence to the contrary, the firm should presume that the complainant would not have bought the payment protection contract he bought if the sale was substantially flawed, for example where the firm:

did not disclose to the complainant, in good time before the sale was concluded, and in a way that was fair, clear and not misleading, the total (not just monthly) cost of the policy separately from any other prices (or the basis for calculating it so that the complainant could verify it);



1. Charging; there are in fact several aspects to this. It does not cost £xxx amount per hundred as indicated on literature. This is only the initial aspect of the cost. The monthly PPI premium, when added to the ongoing balance of the card (which incurred interest in excess of 20%), increases substantially.


Additionally, supported by the Office of Fair Trading's April 2006 statement into credit card charges, which noted that the level of charges at the time and, prior to that period were unfair, Capitol One's PPI premiums were added to my account, where charges (for late payments and going over the credit limit) well in excess of the recommended £12.00, had been applied. Again, substantially increasing the cost.


So, as per my initial complaint, please explain to me how the information that Capital One provided when I took the PPI out, made these facts clear and, as such, would have put me in a position where I was able to make an informed decision."

I am suggesting that you follow this format ( not necessarily the words!!!), rule, what happened, justification. Be very clear, factual with no emotion and, give them nowhere to go. You have a day or two to put together your case, take your time, hopefully it will be worth it!!

Also, if you have proof re your sick leave entitlement, send that as well.

Hope this makes sense and helps, come back to me if I can help with anything more........

All the very best,

:beagle:

Thank-you so much again, so I still have an opportunity to respond.

I will post up my letters tomorrow and may need some assistance in putting something together with what you have kindly provided and anything else. I Just feel they are missing the point with a load of fob-off comments regarding it was non-advised and the onus was put on me.

Is it too late to request a SAR ?

[di30]

Re: Capital One PPI claim rejected by Ombudsman

Excellent advice given there Bazza and sorry I was not here earlier, cheers for pm too, go for the above, good luck and keep us posted :tinysmile_twink_t2:

[L'pool64]

Re: Capital One PPI claim rejected by Ombudsman

Hi Bazza,

you our can request a SAR at any time. Although it may show up something that has been overlooked, it will not be in time for your June date.

all the best,

:beagle:

[Bazza]

Re: Capital One PPI claim rejected by Ombudsman

Hi Bazza,

you our can request a SAR at any time. Although it may show up something that has been overlooked, it will not be in time for your June date.

all the best,

:beagle:

Ok thanks again and yes was thinking that, cannot see them providing details before June 10th.

I will try and post up letters tomorrow and take it from there using what information kindly advised. Will I just eventually respond and address to the ombudsman who sent the Final Response ?