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I am currently doing some investigations into PPI claims prior to making 3 of our own against Barclays.
The OH has a long history with Barclays, having a long-standing bank account, 1 loan and 2 credit cards (1 x Barclaycard and 1 x Littlewoods Personal Finance - basically Barclaycard). On the bank account and 2 credit cards (yet to confirm loan), she had PPI and I would imagine that she probably agreed to all 3 (although whether they were signed for is not clear).
The point I am hoping to catch them on, is that on discovering she had these policies, I told her to cancel them as if she really wanted protection, she could get one cheaper elsewhere to cover them all. She was amazed at the idea that she could cover her finance with another company and had no idea this was possible.
It would suggest that when selling this insurance to her it was not made clear it wasn't compulsory and furthermore that alternative cover could be found elsewhere (or one of the two).
I note that the majority of successes I have found have been situation ones (i.e. sold it whilst ill, or previous conditions or self employed etc) and I have found very few (at least against BC) catching them on misselling on failure to advise. I am reading through a lot of the PPI forum to get further information from different people's experiences, but was wondering if I could get some advice up front....do you think this would be a strong enough argument to put up against them?
Ha!!! Yes was all over the bank charges forums. I have had a bit of withdrawal symptoms not being able to stick one up them for a while so have started on the missus' accounts. 3 bank charge claims in process and now on to the PPI!
Thanks for the link...but could you check it? Seems to be dead.
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Hi
Sounds like you need to to do a S.A.R - (Subject access request) request to see if your wife signed for the PPI or if it is optional on the credit agreement that is your best plan of atteck I think, or you could just request a refund on all the accounts and see what they say they may provide the credit agreements for free then if your wife signed them and it is clear on the agreement that it was optional they will happily do this if they do not then you need to SAR them.
Lloyds TSB (SARS) request sent 9th June 2006
£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267 MBNA SETTLED IN FULL 15/09/2006 £829 Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006
GE MONEY SETTLLED IN FULL £400
Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350
Welcome Finance PPI 2 accounts one settled £1018 waiting on other
GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008
Lloyds TSB PPI CC complaint sent 10/04/2008
Black Horse PPI with FOS 20/05/2008
HFC PPI complaint sent 22/05/2008
Am also trying to pull the same stunt with these guys.About two weeks ago, got to know my girlfriend was in debt with Barclaycard(1900) and Littlewoods personal Finance(LPF) (900) which is part of Barclaycard.Checked out her statements and she has no clue what Payment Protection Plan is.Both credit cards had this PPI.So l sent two S.A.R - (Subject access request) to 1234 Pavillion in Northampton for Barclaycard and the LPF with the £10 postal orders.Recorded mail.Trying to get all the info before diving into the claims.Believe she was missold these ppi.Hope the S.A.R - (Subject access request) will reveal the necessary info and amount to claim.
So go it your way mate and best wishes.
In response to posts above. Cheers Adamski, already done the whole SAR process as I've been doing her bank charges. I agree with Bog, they are a PAIN - experienced their delaying tactics when I did my Barclaycard last year, but they were even WORSE this time round. I literally had to spell it out for them what they had and hadn't sent me.
As for the SAR, I'm not sure if all the data I've received fulfills my requirements (or at least what Adamski suggests) as I don't see any application form within the documents. I have a huge amount of information - massive reams of printouts from their information system, personal details for each account. Both were taken out prior to 2002 so I'm a bit stuck with the 6 year rule.
Anyone know what I should be looking for? THere certainly isn't a copy of hte application form - at least I don't think so. To be honest, I only really concentrated on bank charges to start with, will have a good review this weekend.
Tatenada, would be interested to keep in touch to see how you get on so we can hopefully help each other. Sounds like you are doing exactly the same as me (LPF & Barclaycard). Good luck
Cheers for support so far guys, will keep you updated once I get the ball rolling.
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Hi Mate
Do you have the credit agreement? the PPI should be on there if it is not then you have a good claim for a refund.
Lloyds TSB (SARS) request sent 9th June 2006
£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267 MBNA SETTLED IN FULL 15/09/2006 £829 Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006
GE MONEY SETTLLED IN FULL £400
Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350
Welcome Finance PPI 2 accounts one settled £1018 waiting on other
GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008
Lloyds TSB PPI CC complaint sent 10/04/2008
Black Horse PPI with FOS 20/05/2008
HFC PPI complaint sent 22/05/2008
Adamski, from the brief check I had when I was going through for bank charges, I don't seem to recall a CA.
One thing I'm curious of and I've never been able to find a direct answer for, can you request and will you receive a credit agreement for an account that is a) settled and b) outside of the 6 year time limit?
I'm guessing my next step if I don't have the CA, is to send a CCA request to BC for all 3 accounts? From my reading though, I still might not get a copy of the CA? As I said, will get some time this weekend and go through the mass of paperwork I've received from Barclays.
Adamski, just wanted to clarify what you are saying, might their be a strong possibility that her CA's don't have PPI mentioned on there? Is that what you mean by "the PPI should be on there"??
Cheers all
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One thing I'm curious of and I've never been able to find a direct answer for, can you request and will you receive a credit agreement for an account that is a) settled and b) outside of the 6 year time limit?
I doubt you will get a CCA on a settled/closed account. This response from Rory one of the Site Team.
Quote:
I take it that this means that under section 77 subsection (3) (a) I cannot request the CCAs on Previous loans which were then refinanced ad infinitum?
Correct as the new agreement is the one that's important in terms of it's enforceability. Why do you wish to request them and how old are the previous loan agreements?
Rory then followed it up with this...
Well they wouldn't have to supply them under the Consumer Credit Act, but you could request them under a S.A.R - (Subject access request) in which case they would have to supply them. They need to keep such documents for 5 years after closing the account, so they should still have them.
I'm guessing my next step if I don't have the CA, is to send a CCA request to BC for all 3 accounts? From my reading though, I still might not get a copy of the CA? As I said, will get some time this weekend and go through the mass of paperwork I've received from Barclays.
I sent off asking for CCAs on refinanced accounts 5 in total sent £5.00 only received a copy of the current loan CCA. I did get information though going back to 1997 probably because of my complaint to the ICO about their failure to comply with the Data Protection Act 1998. (which reminds me they owe me £4.00)
in my opinion and experience if they have the credit agreement and you complain/ask for a refund they will send it to you as forms part of theri defence, if they don't have it they can't supply it so what defence do they have?
Lloyds TSB (SARS) request sent 9th June 2006
£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267 MBNA SETTLED IN FULL 15/09/2006 £829 Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006
GE MONEY SETTLLED IN FULL £400
Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350
Welcome Finance PPI 2 accounts one settled £1018 waiting on other
GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008
Lloyds TSB PPI CC complaint sent 10/04/2008
Black Horse PPI with FOS 20/05/2008
HFC PPI complaint sent 22/05/2008
in my opinion and experience if they have the credit agreement and you complain/ask for a refund they will send it to you as forms part of theri defence, if they don't have it they can't supply it so what defence do they have?
I believe adamski has made a very valid point.
If you are aware there was PPI added without proper advice at the point of sale. You could have a good case.
In my case they sent a copy of the original application form with it clearly saying I did not want PPI, so now they are saying I agreed on the phone a year later! yet they can't provide proof (recordings, transcripts or letters!
In my case they sent a copy of the original application form with it clearly saying I did not want PPI, so now they are saying I agreed on the phone a year later! yet they can't provide proof (recordings, transcripts or letters!
in my opinion and experience if they have the credit agreement and you complain/ask for a refund they will send it to you as forms part of theri defence, if they don't have it they can't supply it so what defence do they have?
Despite it being a valid point, just wanted to clarify what's you're saying If I do send CCA request and they say they haven't got it, they haven't supplied it as part of my SAR or CCA requests so they then can't produce it in court, is that what you are saying??
Or are you assuming that if they don't supply it they just haven't got it?
If it's the latter, I wouldn't be surprised with the history I've had with Barclaycard that it wouldn't magically appear at some point in the future.
Something to prove my point...most people will be aware of the microfiche battle we all had 24 months ago, well Barclays just provided me with Bank Statements for her (settled two years ago) bank account going back to 1998!!!!! I have no faith in anything they say.
Anyway, I digress....also wanted to say up front, the I intend to send the mrs down the fos route initially. I know this will slow things down loads, but our current circumstance dictates this.
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3 x PPI Claims Against Barclays / Barclaycard
claims prior to making 3 of our own against Barclays
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Originally Posted by alanalana
If I do send CCA request and they say they haven't got it, they haven't supplied it as part of my 