Capital One PPI claim rejected by Ombudsman

[josaphfive]

Re: Capital One PPI claim rejected by Ombudsman

I have re-scanned the letters etc and have tried to upload them again but I am now getting a message to say that there is an internal server error on your website preventing the uploading. I will try again later or tomorrow

Josaphfive

[di30]

Re: Capital One PPI claim rejected by Ombudsman

If you any further probs then try not to worry.

Instead if you dont mind, but giving your reasons on your reclaiming and as much details of what they said, cheers...:tinysmile_twink_t2:

[Wombats]

Re: Capital One PPI claim rejected by Ombudsman

If it's any help, I often find it easier and faster to photo them with my mobile and upload from there now.

[L'pool64]

Re: Capital One PPI claim rejected by Ombudsman

Hi Everyone,

As a lot of people know, I have my Capital One case with the Ombudsman now. It has been upheld by the adjudicator but Capital One have requested that it go to the Ombudsman. I am in this for the long haul as I believe that Capital One will try every method to delay rather than uphold a claim. Also the Ombudsman May side with them in a lot of cases anyway.... I took Di,s advice ( which is always brilliant) and wrote to the Chief Executives Office and while I didn't get anywhere, I have a full audit trail for the Ombudsman, which I believe in highly important. See below, for the argument that I have out forward. You cannot go straight to the Ombudsman with this as it needs to be put to the company first.

"The regulator has issued guidance as follows which suggests that a firm should not consider, solely, "a tick in a box".




DISP App 3.3.5 FCA




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.




Please explain to me how you have taken account of this rule, and indeed the other Disp rules, when assessing my complaint.

The regulator has stated that when a company offers a product for sale on an "information only" basis, it must offer enough information and detail to ensure that the customer can make an "informed decision" before purchase of that product. I do not believe that such information was made available to me before this product (PPI) was purchased.




To reiterate my concerns.




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.






2. Cancellation of PPI; while I understand that cancellation of the entire contract was possible within a 30 day cooling off period, I was unaware that the PPI could be cancelled at any time. (At least that appears to have been the case from information that I have been able to access on the internet).




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.






Finally, I enclose details of my employment contract that shows my sickness


benefits."..............

if it is any consolation Capital One refused to answer any of these questions but remember, you are doing this as a basis for going to the Ombudsman.

hope that this is of some help.

very best regards,

:beagle:

[josaphfive]

Re: Capital One PPI claim rejected by Ombudsman

Hello again everyone and thanks for the help to date. Having tried again to upload the Capital One Rejection letter as an attachment to this thread without success I have uploaded it to the Photobucket external website so it can be viewed but I need some further advice please on how to share my folder to enable others to read it. Thank you

Josaphfive

[di30]

Re: Capital One PPI claim rejected by Ombudsman

Hiya
I shall pass this message on to the relevant guys for you in regards of the upload etc :tinysmile_twink_t2:

[mickynnm]

Re: Capital One PPI claim rejected by Ombudsman

sorry for just jumping in
but i had a rather the same thing with cap 1 they also said i signed the agreement to have ppi but i did mine on computer
like wise cap 1 declined my complaint i took this to fos and was turned down by the adjudicator i had a right ding dong with him i asked for the ombudsman him/her self to look at my case it was upheld i was paid full pay when on sick leave and i have a medical condition so i would not of sighned or ticked this box if it had not been upheld i would of told cap 1 of my intentions of getting the police involved i think this in its self needs looking at wonder how many others have been told they signed this document

[josaphfive]

Re: Capital One PPI claim rejected by Ombudsman

I am planning to appeal directly to the CEO of Capital One. Could anyone advise please as to the name of the CEO and a postal address. Thank you

Josaphfive

[di30]

Re: Capital One PPI claim rejected by Ombudsman

I am planning to appeal directly to the CEO of Capital One. Could anyone advise please as to the name of the CEO and a postal address. Thank you

Josaphfive

Hiya

Try this. xx

rich.fairbank@capitalone.com

Any prbs let us know, good luck x:tinysmile_twink_t2:

[Victoria27]

Re: Capital One PPI claim rejected by Ombudsman

Hello,
I think it is shockingly poor service from the organisation, which should be fair and impartial. Very disappointing.
the fact that the box was not ticked originally, clearly indicates that there was no intention to get this policy. For me it looks like a very strong point, supporting the customer, not the business' account of events.
i personally would not give up just yet.
I would complain to my local MP. They can be helpful.
also I would contact Which Legal (Which Money department) and tell them the story.
I would try to get even TV and press interested as well, Daily Mail and Watch Dog.
Small Claim Court is an option.
(you would need your SAR for it).
Our wonderful L'pool can give you advice about Small Claim Court.

best,

Victoria

[L'pool64]

Re: Capital One PPI claim rejected by Ombudsman

Good Morning,

I have a theory about Capital One. I think they reject everything, using the same generic letter. "Here is the answer, now what is the question........" That is only my opinion and it is not said to put anybody off, merely to indicate that the road will be long and hard but, soooooo worthwhile at the end of the day! They then let everyone go to the FOS, which puts another 2 years on the process. They reject the adjudicators decision if it goes against them and insist on the Ombudsman making the final decision. There is nothing wrong in doing this........just that it causes maximum delay and distress to the claimants. It also presumably helps their cash flow.

As Victoria has mentioned I have a case at the small claims court for Santander. It is absolutely no trouble to organise. There are a number of good guides on the internet that are very easy to follow. Basically you just need to know the amount of your claim, make sure the amount falls within the remit of the small claims court, pay the fee and fire away. Here is a summary of the process;
Prepare and send either a fourteen or twenty eight letter letting them know that you are taking them to court, giving them the amount and the reasons. (I will send a separate message with my copy)

then prepare the actual document, use the online service. If you have taken care with your initial letter, you just use the same wording for the court document. Sit back and let the process take its course.

with the court, the onus is on you to prove the case, which is slightly different from the FOS. However, if the issue is a phone call and they cannot produce a recording...........

From what I have read, Capital One will defend, so be prepared to go to court. I hope that this is of some help. Remember, don't be taken in by the line " this was a non advised sale". The regulators have stated quite clearly that the company from which you are buying the product must, give you enough information, before you buy the product, to make an informed decision.

come back to me if you have any queries. I have received my court date from Santander and am currently putting my case together. I appreciate that if I lose I will forfeit the fee of £80.00. That is a risk I am prepared to take because I feel so strongly about what some companies are getting away with. They think that we are afraid of court!!!!!!!!!! Even if I lose, there will be publicity.......... And if I win........ So my view is "bring it on"!!!!!!

very best regards,

:beagle:

[L'pool64]

Re: Capital One PPI claim rejected by Ombudsman

"As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.


Payment Protection Insurance provided by GE Capital (now owned by Santander), was sold in a non compliant manner, i e the customer (me) was not given enough information, at the time of purchase, to enable an informed decision to be made.


1, Charges were not explained fully.


2, Cancellation rights post the 30 cooling off period were not explained at all.




From you I am claiming the sum of £xxxxxx


I have calculated that this amount would be a proper redress in respect of ppi monies paid and interest due, over the life of the above mentioned store card.




Listed below are the documents on which I intend to rely in my claim against you:


1, Letters received from Santander.


2, All reports concerning the regulators fine against GE Capital.




In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:


1, Any documents that Santander hold pertaining to my store card and ppi.


I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.
I would invite you to put forward any proposals in this regard.


In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.




I look forward to hearing from you within the next 28 days.




Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you."



Pre court letter as discussed.

best regards,

:beagle:

[Victoria27]

Re: Capital One PPI claim rejected by Ombudsman

Bravo, L'pool!
as always, I am proud of you!
lol
Vxxx

[josaphfive]

Re: Capital One PPI claim rejected by Ombudsman

Hello

I was very surprised today having appealed to Rich Fairbank CEO of Capital One to receive an e mail from the Executive Office upholding my compaint and offering me a settlement in regard to PPI on a credir card taken out in 1999 until 2002 unadvised by post.

Cheers

Josaphfive

[Victoria27]

Re: Capital One PPI claim rejected by Ombudsman

Congratulations!
Well done.

it just proves how important it is to stand your ground and continue to fight your case if you know that you are right.
It is a very good lesson for everyone.

Best,

Victoria