Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Took out a loan for £13k in December 2006, they added £4k worth of PPI. I have been writing to them since May 08 to get this cancelled,
It appears to be a single policy that I pay monthly for.
They have replied about 4 times saying they are still looking into it,
Can I now take them to court and refuse to pay them anything until they sort this out??
Thanks
Hi there.
Seems like to me your being brushed off.
I would if you think this was mis sold due to your own reasons, write back and complain for a refund of all your PPI premiums of you paid, plus the extra 8% a court would award, tell them you WANT this cancelled with immediate effect, and if they do not refund you, you will take further action taking it to the Ombudsman and complain to the ICO (Information Commissioners office) for ignoring your cancellation requests of the PPI.
Took out a loan for £13k in December 2006, they added £4k worth of ppi. I have been writing to them since May 08 to get this cancelled,
Send a letter demanding the cancellation and sent it special paid recorded delivery so they cannot deny they have it. Special delivery costs more than recorded but is not likely to go missing.
It appears to be a single policy that I pay monthly for.
Single premium policies are not well liked by the fos, FSA and the FSA made a ruling on PPI sales on 14 Jan 2005 before you loan date so I reckon IMHO that you would have a case to claim mis-selling.
They have replied about 4 times saying they are still looking into it,
These are delaying tactics to put off the day of armagheddon. If they can fob you off they will. If they can try and delay claims they will, if they can offer goodwill gestures they will.
Do you have all the original paper work? If not you need to obtain it!
this is from a previous post to another claimant..
Have you sent a Subject access request asking for all the subject data on you and this particular barclays loan or credit card?
If not and you do not have the original paperwork then you can submit a S.A.R - (Subject access request) with a statutory fee of £10.00 (a postal order is best and keep the receipt you may be able to claim the £10 back) and request all the data applicable to you as a subject and in particular the loan you are contesting.
They have a statutory 40 days to respond and if you do not get all the data you ask for (and you must ask for every bit of data in whatever format they hold, paper, tape, microfisch, cd, electronic, telephone call recordings or transcripts, etc) You must be specific and ask for terms and conditions, Customer duty of care check list (if the sale was and advised sale, i.e you talked to a sales advisor) Policy documentation, statement of account etc, then you can submit a complaint to the Information Commissioners Office or start Court action. The Information Commissioners Office is very busy so many complaints on PPI but no Court costs. Such is the magnitude of PPI mis-selling.
Good luck keep posting and you will get the required help.
However this PPI reclaiming is new and still in its early stages but things are coming together and CAG subscribers are real fighters.
Can I now take them to court and refuse to pay them anything until they sort this out??
You can but if you do not have a clear cut case and you lose that is that. If you proceed down the FOS route long delays here and your case is not upheld then you still have a second bite of the cherry with the option of Court.
Hope this long post assists you with your start to claiming.
Finally had a response from Barclays stating PPI not missold and to ring them for further help, prefer to keep everything in writing but after 3 months of letter writing I just want a final response. Told over the phone ppi can be refunded as not yet a quarter through the 7 year term so they will refund £1800 of the £4k, not really what I wanted but better than nothing, however also told that a new loan needs to be taken out, they cannot conifrm the loan rate but anything between 8.9% and 24.9%, as its currently 7% this is a real p$ss take. Was told that its best just to leave the ppi in place as it will be cheaper than taking out a new loan, so thats it they have you by the b$lls it seems, you can cancel the ppi but the consequences will be high!
Have spoke to the fos and they will take up the case, dissapointed as the fos are so drawn out all the time the ppi still has to be paid.
Finally had a response from Barclays stating PPI not missold and to ring them for further help, prefer to keep everything in writing but after 3 months of letter writing I just want a final response. Told over the phone ppi can be refunded as not yet a quarter through the 7 year term so they will refund £1800 of the £4k, not really what I wanted but better than nothing, however also told that a new loan needs to be taken out, they cannot conifrm the loan rate but anything between 8.9% and 24.9%, as its currently 7% this is a real p$ss take. (this is a load of ball hocks You can cancel the PPI and claim a refund of the premiums The new loan stuff is also Ball hocks. You have the right to cancel and carry on paying your existing loan without it under the rules of the FSA 14 Jan 1995)Was told that its best just to leave the ppi in place as it will be cheaper than taking out a new loan,(Another load of gumpf because they will load any new loan to offset the cancellation of the PPI on the existing one)so thats it they have you by the b$lls it seems, you can cancel the ppi but the consequences will be high!
Could be higher for them if the fos uphold your complaint and the FSA hit them with a fine
Have spoke to the fos and they will take up the case, dissapointed as the fos are so drawn out all the time the ppi still has to be paid. ( you can cancel PPI)
May be the case but if the case is upheld you should be on a winner if not then go to Court this way you have two options.
this thread my very own for info and letter examples if you need some info.
thanks for your response and details of your thread.
Barclays called back yesterday stating that in there terms and conditions it stated that if the PPI is cancelled a new loan would need to be taken out at a different rate. My signed copy dosent appear to state this but there copy which they have sent me does so thats it as far as they are concerned. Also even though the ppi has a signature against it the box isn't ticked, not sure how I would stand on that.
The problem being the ppi department won't get involved with new loans so its a case of you can't do one without the other.
The loan I have was used to pay off two previous loans and now I am wondering whether those ppi's were ever pro rated on the basis they were paid off early.
I'm just concerned that the fos will reject the claim as I have no final response but how can you get a final response when different departments deal with different areas. Your just passed from pillar to post with one department saying you can cancel but you will need a credit check done first which I know would go against me and a new loan. I don't want anymore credit checks done against me as I am trying to rebuild my credit file and as I know the likely outcome it seems pointless, anything other than the rate I'm currently on just isn't acceptable.
I'm not sure how I can force them to remove the ppi while keeping the loan untouched. Is there a link where the fos state that a loan can be kept untouched??
I'm no expert but if you've been mis-sold PPI then I'd be amazed if, legally, Barclays are allowed to dictate what you do with the money which they've unlawfully taken off you - whatever they might say.
I'd be inclined to PM one of the site moderators asking them to take a look at this thread and, if they're able, provide a definitive response.
Failing that, I'd be inclined to call Barclays bluff. Give the PPI people a phone call, say you've spoken to a solicitor, and that they are adamant Barclays are talking nonsense and that you're enitled to receive the money in whatever form you like.
See what the response is then! ;-)
NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08
Barclays will offer you an unprotected loan in place of your disputed protected loan. Always ask for 8% Statutory interest otherwise they wont give it you otherwise.
received all the paperwork back from the fos yesterday stating that as there is no final response from Barclays they wouldn't take up the case.
Is it any wonder that banks walk all over people when nothing is done about it.
I'm at a loss as to what to do now. I've been writing to Barclays since May 2008, apart from there we are looking into it letters the only other letter states that they are not upholding the PPI missold claim. When I spoke to them on the telephone they told me that I would have to take out a new loan, pay off the old one and then get a refund for part of the ppi. They will not keep the loan rate as it is, I asked them to put all this is writing and a month later still nothing.
Barclays will offer you an unprotected loan in place of your disputed protected loan. Always ask for 8% Statutory interest otherwise they wont give it you otherwise.
Hi
Your absolutely right, Barclays have offered a new loan at anything between 8.9% and 15.9%.
They have also advised that as the rate is currently 7% I am better just paying the PPI... its laughable.
If its been more than 8 weeks the fos should also look into. I would send it back to them pointing out the length of time with no satisfactory response and put the ball back in their court (as they take forever to look into these things!!)
don't sign a loan at an increased rate whatever happens. Instead check out the FSA guidelines and point out the relevant points to Barclays. I would point you in the right direction for this but I can't remember where to find them! Someone more knowledgable is bound to be along soon to help out though!
after your claim for repayment of PPI the bank have to issue you a final response ie offer of goodwill (some money back) Go away we are not guilty (no money back) or no response within 8 weeks (fos time) it seems you may have been early with your complaint to the FOS although this post seems to point to a final response.
Have you copied this to the FOS? Remember your thread has only been on the go since 6 Aug so FOS if they do not accept this as final response may also question the 8 week timescale for no response.
Finally had a response from Barclays stating ppi not missold and to ring them for further help, prefer to keep everything in writing but after 3 months of letter writing I just want a final response. Told over the phone ppi can be refunded as not yet a quarter through the 7 year term so they will refund £1800 of the £4k, not really what I wanted but better than nothing, however also told that a new loan needs to be taken out, they cannot conifrm the loan rate but anything between 8.9% and 24.9%, as its currently 7% this is a real p$ss take. Was told that its best just to leave the ppi in place as it will be cheaper than taking out a new loan, so thats it they have you by the b$lls it seems, you can cancel the ppi but the consequences will be high!
I wish it had only been going on since August, my first letter was sent in May!
The fos say that as the bank wrote back in August requesting I contact them again if I was still unhappy that I should have replied, I did I telephoned them and wrote to them on the 1st of September stating that I wanted the PPI cancelled they just told me to ring there loans department for a new loan. I requested that they put it in writing and send there final response.
I would suggest you Put all of that info in a letter to the fos and send it back to them (with your original complaint) also pointing out how long this matter has been going on!
I did e-mail the fos yesterday pointing out my dissapointment, took all my time not to tell them what a waste of space I thought they are... but I knew that wouldnt help my cause any!! No response received.
Also I wrote to Barclays yet again, this time requesting they cancel my direct debit until they resolve my dispute, but as my current account is with them no doubt they will just carry on taking the money anyway.
It is just so frustrating knowing that these companies can do just as they like with no one to stop them...
I would still post it to them again - they take forever to deal with complaints ihave found -ir your other quicker option would be to take it to court!
Barclays PPi
. I have been writing to them since May 08 to get this cancelled,
Reply With Quote
Originally Posted by macca160670
keep posting and you will get the required help.
they cannot conifrm the loan rate but anything between 8.9% and 24.9%, 
as its currently 7% this is a real p$ss take. (this is a load of ball hocks You can cancel the PPI and claim a refund of the premiums The new loan stuff is also Ball hocks. You have the right to cancel and carry on paying your existing loan without it under the rules of the FSA 14 Jan 1995) Was told that its best just to leave the ppi in place as it will be cheaper than taking out a new loan,
