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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Can I claim PPI from Barclaycard?


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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

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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

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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.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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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

  • Haha 1

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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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

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Hi, r710.

 

I've asked a nice lady to help you :)

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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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 :p

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Barclaycardagreement.jpg

 

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

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: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

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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