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.
Have you sent a SAR yet? Always a good starting point so that you have all the relevant info to hand when you hit them with your statement of mis-selling and request for payment ...
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
Hi Paintball, Yes S.A.R - (Subject access request) on it's way to them so it's a waiting game now. Our previous barclayloan was in my wifes name but the woman in the bank said it would be easier if it went in my name and took PPI even though Iam self employed.
Hmmm, that sounds interesting and I look forward to you telling us what's in the Terms & Conditions of the PPI element of the loan considering you were self-employed. Exclusion clauses that might have rendered the policy useless come to mind ... but hey, maybe I'm jumping the gun a bit
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
It has now been 24 weeks since I sent my PPI reclaim letter to Barclays, not even a 'thank you for your letter' acknowledgement from them.
My local 'manager' told me (in front of OH) that I should not have been 'persueded' to take the ppi because of my self employment and acknowledged that I was a financial hardship case and by having the ppi charges returned would greatly improve our chances of getting back on our feet as the ppi charges would almost wipe out the balance of the loan - that was before Xmas.
January I phoned customer services and was told that my 'complaint' was in the system and that Barclays were refunding ppi payments as a matter of course, briefly discussing my circumstances I was again told that ppi should not have bben sold with the loan and that due to the circumstances we were in refunding the ppi, with interest, would wipe out the loan & probably Barclays would owe me -thus saving £300 a month which would help us greatly (wouldnt entertain lower payments). They wont put anything in writing though.
Iam at a loss as to what I can do, two letters ignored and 3 weeks ago I sent a formal complaint letter concering this and again totally ignored.
Considering they have 8 weeks to deal with this I think after 24 weeks without anything in writing is taking the 'P'.
After 26 weeks since my initial letter I FINALLY get a sort of acknowledgement from Barclayloan (after I made a formal complaint).
They tell me that they are not in a position yet to give me an answer to my PPI mis selling complaint and that I have been getting monthly updates regarding progress (absolute rubbish - I have not had anything in writing from them at all), they are also not in a position to give any indication as to when this complaint will be finalised, if I am not happy with their actions to date (what actions?) I may take it to the fos.
How much time do they need for crying out loud, my local manager told me face to face that with hindsight I should not have been sold the ppi (OH was present at the meeting) and their customer relation advisor also told me that it shouldn't have been applied to the loan & that they are refunding ppi as a matter of course but may take 12 months but I would probably get mine back sooner as a hardship case as the refund would wipe out the loan - regretfully I was unable to record this conversation.
It has now been 24 weeks since I sent my PPI reclaim letter to Barclays, not even a 'thank you for your letter' acknowledgement from them.
My local 'manager' told me (in front of OH) that I should not have been 'persueded' to take the ppi because of my self employment and acknowledged that I was a financial hardship case and by having the ppi charges returned would greatly improve our chances of getting back on our feet as the ppi charges would almost wipe out the balance of the loan - that was before Xmas.
January I phoned customer services and was told that my 'complaint' was in the system and that Barclays were refunding ppi payments as a matter of course, briefly discussing my circumstances I was again told that ppi should not have bben sold with the loan and that due to the circumstances we were in refunding the ppi, with interest, would wipe out the loan & probably Barclays would owe me -thus saving £300 a month which would help us greatly (wouldnt entertain lower payments). They wont put anything in writing though.
Iam at a loss as to what I can do, two letters ignored and 3 weeks ago I sent a formal complaint letter concering this and again totally ignored.
Considering they have 8 weeks to deal with this I think after 24 weeks without anything in writing is taking the 'P'.
Time to get in touch with the fos or consider Court action. (My view FOS First then Court that gives you two bites of the cherry if you go to court first and lose the FOS will no take up your case)
Consider also keeping all correspondence with barclays on a purely written footing that way there can be no denials and you can send letters recorded to be signed for so they cannot deny receipt.
Time to give barclays a wake up call, so if you complain to the FOS (call them first and they will help to get you started) also copy the letter to the FSA, OFT, ICO (some of these will come back with not us we have noted your letter. Surely for you to do this is not the best advert for barclays and the way they show a distinct lack of customer care
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
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
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.
After 26 weeks since my initial letter I FINALLY get a sort of acknowledgement from Barclayloan (after I made a formal complaint).
They tell me that they are not in a position yet to give me an answer to my PPI mis selling complaint and that I have been getting monthly updates regarding progress (absolute rubbish - I have not had anything in writing from them at all), they are also not in a position to give any indication as to when this complaint will be finalised, if I am not happy with their actions to date (what actions?) I may take it to the fos.
How much time do they need for crying out loud, my local manager told me face to face that with hindsight I should not have been sold the ppi (OH was present at the meeting) and their customer relation advisor also told me that it shouldn't have been applied to the loan & that they are refunding ppi as a matter of course but may take 12 months (Explain that you will require the additional 8% statutory interest for this period of time and that the FOS seem to be agreeing settlements with the 8% stat interest added on top of the PPI and the interest added) but I would probably get mine back sooner as a hardship case as the refund would wipe out the loan - regretfully I was unable to record this conversation.
All of the above a total delaying tactic if ever I saw one.
as previous post do it all by letter and keep copies of everything including the postal receipts for delivery it seem Barclays independent bankers are trying to hang on to your money. A lot of the other banks have already got lots more of our money
Keep at them but by letter, recorded with copies kept, to send to everyone including you MP.
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
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
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.
Cor blimey Gov' good to here from you, where you been?
I see you've been 'promoted', well done.
I have been pondering all day what to do over this, I am sure they are just stalling for some reason. I do intend replying that their letter and asking for all copies of their letters they claim to have been sending me, I sure as heck haven't received ANYTHING in writing since my initial letter. As I have said up until this letter arrived I've only had verbal acknowledgement.
I am tempted to phone and record the conversation now I have the means to.
By going to FSA/fos would it slow the process down? Seems strange that they should offer the option now as they can't see my complaint being answered, can't see what the problem is?
(Incidently, no news on Woodchester PPI since I sent Pauls second letter, have looked at FLA's code of conduct to which they are signatories - they breached all codes in selling the ppi).
Cor blimey Gov' good to here from you, where you been? Had some time off as I lost my dad 86 years old on 12 Feb still struggling with it but helping on CAG is a tonic to help me.
I see you've been 'promoted', well done. Thank you
I have been pondering all day what to do over this, I am sure they are just stalling for some reason. I do intend replying that their letter and asking for all copies of their letters they claim to have been sending me, I sure as heck haven't received ANYTHING in writing since my initial letter. As I have said up until this letter arrived I've only had verbal acknowledgement.
I am tempted to phone and record the conversation now I have the means to.
By going to FSA/fos would it slow the process down? FOS would be the main people to deal with any complaint. The FSA will take a note of the complaint and ask your permission to pass on the information to other sources. Yes it would slow the process down but if Barclays have given you a verbal (no evidence) assurance of 12 months I cannot really see any difference on timings other than things are then steered by you and the FOS and not by barclays if you see my point. Seems strange that they should offer the option now as they can't see my complaint being answered, can't see what the problem is? The problem is and was greed they have you PPI money and they want to keep it.
(Incidently, no news on Woodchester ppi since I sent Pauls second letter, have looked at FLA's code of conduct to which they are signatories - they breached all codes in selling the ppi). This is also worth a mention to the FOS even as a second complaint. Keep at them.
Once again good to hear from you.
Beachy.
Beachy my fight with RBS took about 12 months or more but the result was £10k in my favour on 7 loans on 2 complaints to the FOS and the ICO smacked them for breach of principle 6 of the Data Protection Act 1998 failure to respond fully to SAR within the 40 day statutory timescale as well as a few awkward questions on staff training and knowledge.
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
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
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.
Sorry to hear of your loss, Our thoughts are with you. Thank you and of course your sympathy is truly appreciated. It will take a time to get over it but we will celebrate my late dads' life with a family holiday later in the year.
Guess I got a lot of letter writing ahead of me this week If you write and want me to give it a once over just post.
I was wondering if they were delaying because if they refund this one I got another three claims waiting in the wings. Time for you to get some cash back
Beachy
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
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
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.
Thought I'd ring Barclays yesterday, completely non committal to my complaint 'still under investigation' asked for copies of the 'alledged'' letters that they say they posted each month including their initial acknowledgement letter - was told that they would get someone dealing with the 'case' to phone back within the hour. I did read out the only letter I've received from them (last week) in which they said that they hope I didn't take it to the fos, to which she said they would prefer it if I didn't and allow them more time.
One hour passed, no phone call, so it was an immediate phone call to the FOS - so it's now in their hands, all details taken over the phone, quite easy.
Thought I'd ring Barclays yesterday, completely non committal to my complaint 'still under investigation' asked for copies of the 'alledged'' letters that they say they posted each month including their initial acknowledgement letter - was told that they would get someone dealing with the 'case' to phone back within the hour. I did read out the only letter I've received from them (last week) in which they said that they hope I didn't take it to the fos, to which she said they would prefer it if I didn't and allow them more time.
One hour passed, no phone call, so it was an immediate phone call to the FOS - so it's now in their hands, all details taken over the phone, quite easy.
Easy but will no doubt be very lengthy you will need to be patient for a long while
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
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
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.
Will update later after Ive worked out what they have refunded in addition to the premium - needless to say it's made our Easter.
Special thanks to Alanalana for giving me the inspiration to keep at it.
More later
Beachy
Keep us informed on the completion of the result and
**Well Done**
Remember to post the success in the successes in the sticky forum
Way to Go
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
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
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.