Capital One PPI - standard no refund letter

[rt2014]

Good Afternoon

Having successfully received PPI misold insurance from MBNA and BArclays with no problems at all , I decided to contact Capital One.

I have just received in the post this morning what looks like a standard letter (generic) which people are getting.
This shows my initial application and has the NO ppi box ticked however the letter then goes onto explain in there investigations that I had this phone call that I then selected the PPI but also says that they have no record of this phone call. This was in 2000 so I cant even remember that far back.

I believe that even in the event of that phone call the PPI would of been mi-sold because when all said and done this is why they are in the position of refunding because of the way that they have been selling this product.

So my question is what now? Any ideas? anyone had any success with the FOS.

Please help.
Thanks in advance.

[di30]

Re: Capital One PPI - standard no refund letter

Hi and welcome

I know its some time back, but did you try requesting for any paperwork/data under the Subject Access Request (SAR) from their data dept?

[rt2014]

Re: Capital One PPI - standard no refund letter

Hi and welcome

I know its some time back, but did you try requesting for any paperwork/data under the Subject Access Request (SAR) from their data dept?

Hi

No I haven't requested anything, I just sent the self fill ppi claim forms and then received this letter. In the letter it states that they have no record of the phone call though.
Could it be that they have the call but are saying they have no record?

thanks

[di30]

Re: Capital One PPI - standard no refund letter

Hi

No I haven't requested anything, I just sent the self fill ppi claim forms and then received this letter. In the letter it states that they have no record of the phone call though.
Could it be that they have the call but are saying they have no record?

thanks

Hi
Yes they could be trying to pull a fast one, but with it being going back to year 2000, they may not any longer hold this information , but if you want to request for your info and require the SAR template letter let me know, hopefully useful info will come back, its up to you of course.:tinysmile_twink_t2:

[rt2014]

Re: Capital One PPI - standard no refund letter

Hi
Yes they could be trying to pull a fast one, but with it being going back to year 2000, they may not any longer hold this information , but if you want to request for your info and require the SAR template letter let me know, hopefully useful info will come back, its up to you of course.:tinysmile_twink_t2:

Hi hi thanks for the reply.
Yes please, may as well see. Got nothing to lose, from what I've been reading I think that they send this letter out saying they've completed there investigations and in the hope that people just agree with them and leave it at that.
But think again, capital one where probably one of the worst offenders, talking to someone who used to work there and they said they used to tick even if the customer hadn't agreed on the phone. And basically it worked!

any other options at this stage?

Thanks

[Victoria27]

Re: Capital One PPI - standard no refund letter

Hello RT,


Yes, some of those companies reject anyway, hoping you will not pursue.
i think you have a good strong case to win.


I agree with Di.


1. I suggest, firstly you request SAR, using Di's template.
it is a perfect template.


I must share my experience with SAR.
I requested SAR twice (from 2 different companies) and both times companies then pretended they did not receive it.
I always sent my requests by special delivery, however, even that is not enough as company may say they did not get £10 cheque or there was a check, but no letter, so they just credited your cheque to your account.
SAR takes up to 40 days, so when you receive a letter saying they did not get it, then you have to send it again and it would take another 40 days. Some people just decide to give up.


However this tactic did not work with me.
i anticipated something like this and asked to witness and photocopy what exactly I enclosed in the envelope.
I had a signature of the person from the post office, who witnessed that both, my letter and my cheque, were enclosed.
to be honest, I thought I was over cautious, however in both cases companies said they did not get it!
Then I emailed them the prove and they had to "find" my form and cheque, which apparently just was "mislaid".
companies were apologetic.
so, please be prepared to meet such challenges.
Some businesses are not looking forward to return you your premiums and interest.
please, don't be put off by something like this and keep fighting your case.


2. Looking at your case, it seems to me you have a very strong case.
I had almost identical one, where I did not tick the box and PPI just appeared later.
it was upheld.
I based my complaint on the fact that I DECLINED the policy.
They could not provide me with the telephone transcripts, did not have any documents, "assumed" I must have asked for it, which of course was a total absurd, as I never did.

However they are not allowed to base their decision on assumption, it is agains the FCA guidelines. They have to investigate your particular case, which indicates that you did not want to take the policy.


I refer to the relevant FCA guidelines:




FCA
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).


App 3.3.10
The firm should not assume that because it was not authorised to give advice (or because it intended to sell without making a recommendation) it did not in fact give advice in a particular sale. The firm should consider the available evidence and assess whether or not it gave advice or made a recommendation (explicitly or implicitly) to the complainant.


They do not have records of the telephone conversations, not surprising, so they cannot insist You asked for it, as you clearly DECLINED it in the first place as I did too.
So, you have a good chance to win.


After you receive your SAR, I believe there will be very little about your "request" for that policy.
All the tangible evidence will support your story, that you did not want PPI.


3. Then it might be a good idea to email CEO, coping your MP and give them another chance prior your escalating the matter.


Next step is your SAR.


Good luck.


We are here to help.


best,


Victoria

[rt2014]

Re: Capital One PPI - standard no refund letter

Hi People

Only just got onto this again , been really busy and finally found time to chase this up. Would it be possible to point me in the direction of the SAR template please. Also why Im on here does anyone have the Capital One CEO email address?

Many Thanks

[rt2014]

Re: Capital One PPI - standard no refund letter

Hi People

Only just got onto this again , been really busy and finally found time to chase this up. Would it be possible to point me in the direction of the SAR template please. Also why Im on here does anyone have the Capital One CEO email address?

Many Thanks

[MIKE770]

Re: Capital One PPI - standard no refund letter

Email Address

richard.fairbank@capitalone.com

[Victoria27]

Re: Capital One PPI - standard no refund letter

RT, I believe you sorted out your template letter.
If not, our Di has the best SAR template letter.
I'll let her know, just in case you still need it.
best,
Victoria

[Victoria27]

Re: Capital One PPI - standard no refund letter

RT, I just pm to you SAR template letter, which I found, one of mine.
Best,
Victoria