I'd really appreciate some advice.

My husband applied for a Barclaycard account way back in 1990. I have got as far as receiving a copy of his application, having been given the standard final response letter from Barclaycard. It is a really bad photocopy, with the small print regarding the PPI being largely obscured. I can make out that the last paragraph of small print says tick here if you do not want to particpate in the PPI scheme. There is no tick there, and interestingly enough the little box is bright white, almost as if it could have been tippexed!

My husband says he would have just signed the application to get the card and not noticed the small print. It certainly wasn't pointed out to him, nor explained. He denies ever receiving any details of the policy either. I understand that these policies are not suitable for people who are self-employed. My husband was employed at the time of appying but shortly afterwards became self-employed, and had he been aware of the policy details he would have known to cancel it.

I took over our finances in 2004 and after noticing the PPI being charged, I got him to cancel it in early 2005, which Barclaycard did with no problem.

My question is, he was paying PPI for almost 15 years (!!!) without effectively asking for it and belived it to be something he had to pay to have the Barclaycard account, is he able to claim it back?

Apologies for the long message but I really have no idea where we stand on this one, I could be hoping for too much.

Thanks in advance, r710

Please can anyone help? I successfully claimed back the PPI on my husbands HSBC loan but this one is a bit more complicated. Am really stuck and would just like to know if I can persue it further.

Thanks. r710

Hi, r710.

I'm no expert, but it sounds to me you could claim it back.

I'll ask someone to have a look and give you more advice.

Regards.

Scott.

Hello r710,

welcome to PPI forum.

It is a really bad photocopy, with the small print regarding the PPI being largely obscured. I can make out that the last paragraph of small print says tick here if you do not want to particpate in the PPI scheme. There is no tick there, and interestingly enough the little box is bright white, almost as if it could have been tippexed!

would it be possible for you to somehow copy the really bad photocopy and post it to your thread but removing all the account details and names.?

My husband applied for a Barclaycard account way back in 1990.

My question is, he was paying PPI for almost 15 years (!!!) without effectively asking for it and belived it to be something he had to pay to have the Barclaycard account, is he able to claim it back?

 

I would suggest you have a claim for mis-sold PPI however your reclaim will most likely have to be through the Courts as the FOS will only take under consideration claims within the last 6 years and usually only since the FSA ruling on 14 Jan 2005.

Keep a full record of your paperwork and seek to get everything from barclaycard using a SAR unless you already have all the original documentation.

I will watch your thread and advise if I can

aa

Hi,

Thanks for replying.

I have scanned the agreement but I cannot seem to work out how to include it in my post. Sorry if I am missing something really obvious, does anyone know how to do this?

alanalana - I wasn't aware about having to take the claim through the courts because of the long payment history. Interestingly enough, Barclaycard sent me the FSO leaflet.

If anyone knows how I might post my scanned document, I'll put it on here.

Thanks, r710

Hi, r710.

I've asked a nice lady to help you

Regards.

Scott.

Hi R

Once you have removed your personal details, upload the document to Image hosting, free photo sharing & video sharing at Photobucket

Then highlight the IMG code (fourth code down), right click, copy and then paste onto your thread and it should come up as clear as a bell.

If you're still struggling, have a look at Bookie's Dummies Guide

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Scott, you're a creep

Hope that has worked.

Thanks for that. Hopefully you can see that we were sent a terrible copy anyway. The paragraph regarding the PPI is on the bottom left hand side, just above the bright white box. I can just about read that you were meant to tick if you do not wish to participate inthe PPI scheme, hence it being something to opt out of, rather than to opt in to. In the brief correspondance we have received so far from Barclaycard, they have just said that my husband was sent the details of the policy and it was for him to read through and decide if it was suitable for him. He can't remember ever seeing such a document shortly after getting the account. My husband says that the PPI wasn't explained at the time, and believed it to be something which he had to agree to in order to get the card (it was his first ever credit card). As it happens, he had periods of self-employment during the 15 years he was paying the PPI. I understand that most PPI policies are not suitable for those who are self-employed. Had he known anything about the Barclaycard policy, he would have cancelled it then. Do you think we have a case and what should my next steps be?

Many thanks, r710

:oHello 710,

PPI reclaiming is new stuff.

Barclays are just trying to fob you off.

The paragraph regarding the PPI is on the bottom left hand side, just above the bright white box. I can just about read that you were meant to tick if you do not wish to participate inthe PPI scheme, hence it being something to opt out of, rather than to opt in to.

I would ask them to explain why with such discolouration of the document that the little box is unaffected?

I would suggest the following to ensure you will have all the documentation they say they sent to you. CCA, Terms and Conditions, Policy documentation and any other data they hold on you as an individual.

However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required.

1. Send them a Data Subject Access Request with a postal order for £10.00 which is the legal fee by statute. Keep a record of the postal order number. That way there is no cheque which means no signature.

This is the reference from the Data Protection ACT 1998.

I am entitled to by Law to request you to provide me with all data which is relevant to me within the terms of the Data Protection Act 1998. Under Section 7 sub section (1) ( c ) ( i ) and (ii) you are required to communicate to me in an intelligible form, the information as requested within the requirements of the Act section 7 (2) (a) and (b), which as the data subject I have met.

 

The Blue is what they have to provide but be specific and ask for data in all formats, written, computerised/electronic, microfische, tapes, CD, anything you can ask for. Also request fully legible copies that can be produced in a Court of Law as accurate copies of what they hold with regard to the account.

The Red means you have followed the Act by providing the required fee of £10.00.

They have 40 days to provide everything you ask for or they are in breach of the Data Protection Act 1998 and you can then issue a formal complaint to the Information Commissioners Office (ICO) and indeed the Financial Ombudsman Service (FOS).

Please check out my thread....you will see the fight you may have to put up. But it is worth it.

alanalana PPI claim against RBS (looking for some help) please

The aim of the game is to get all the information you may be required to present in Court and If there is anything dodgy the Judge will see it.

As your case goes back to 1990 the FOS may not take it on as the PPI ruling by the Financial Services Authority (FSA) only came into effect 0n 14 January 2005. I would still complain though the more complaints that are made about a company mis-selling the better chance of building up a case so the FSA will slap a hefty fine on them.

I hope this helps to get your momentum going and if you can manage to get a clearer copy of the CCA posted it would be a help.

Good Luck If I can help out please shout I am no expert but learning fast.

aa

Thank you so much. I will follow your advice and let you know how I get on.

It really is much appreciated.

r710