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I'm really really sorry - but this does go on a bit but help and advise would be truly appreciated.
I am currently trying to sort out Barclaycard - I have this spiralling problem that inspite of not spending my account keeps going over the limit and all because of the PPI.
I took PPI out after a telephone sales chap caught me unawares one Saturday morning - back in March 2006. Now normally I cut tele sales folks dead in their tracks and I don't know how I got myself conned into this.
September 08 I wrote to Barclaycard telling them I wanted to cancel the PPI saying that their telesales hadn't explained what the actual cost would be and that it would be treated as a preferential purchase allowing the card to go over it's limit without my being told. (While I was at it I sent them a £1.00 for a copy of the credit agreement all sent recorded delivery.)
I wasn't quite certain at this point if I could claim mis-sold - but I figured I'd go for it - but even if I just cancelled at least I could get the account back on track.
October they took the PPI and I wrote and complained telling them I wanted a refund and the over limit charge (again) - I paid enough on the card to bring the it back to the credit limit and enough for the "expected interest" on the next statement. thinking problem solved!
In November they replied with a final response telling me to bog off - not mis-sold and as I hadn't cancellied I had to keep paying - and they slammed on the PPI in November and over limit charges again!
Needless to say I wrote back told them to read my letter cancelling, give me back my money over limit charges and interest.
In November after their bog off letter I send off a SAR asking for all the usual stuff, CCA (so far only T & C's rec'd),statements, data and transcripts of telephone conversations - so I could check the sale on the sale of the PPI and payments taken.
I got nothing back about PPI and in their letter they said they didn't record all calls and that if I wanted a transcript I would have to supply a date of the conversation so they could check their records.
December they took PPI again and I wrote once more telling them to refund or provide me with a copy of T & C's that says their "Optional PPI" is none cancellable - they've ignored me
January PPI & over limit charges again, but now I have rec'd a print out of the "data" they have on file and there it is 10/03/06 tele sales of PPI! But at the end of this section it says
"27/02/07 Cancelled customer no longer requires."
( I know at it was in Feb of 07 that I had my card stolen (some swine nicked my handbbag) and I phoned them in panic and told them to cancel the card - cancel everything!
So what I'd like an opinion on is
Can I claim mis-sold if they won't cancel it?
or
Should I just claim back to 27/02/07 when it shows on their records as customer cancelled? (There is no mention anywhere else in the data print out that I phoned and asked them to re-instate.)
At the moment I don't know how much I have paid in PPI as I have statements missing (about 12 months worth) and I have just issued a summons to try and obtain these and a copy of the CCA
Barclays have continued to take PPI and have ignored all my letters asking for a refund.
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
Posts
25,093
Re: Barclaycard PPI - A bit confused
disgusting!
time to hit them hard.
calculate all you PPI payments.
then total up all the charges from 'x' date [when only the ppi/charges took you overlimit]
add their interest rate to the figure.
then add 8% to that figure.
write them a letter stating you want this refunded under mis-selling of ppi.
give them 14 days before you will start court proceedings.
there is a very good guide plus many useful threads with more detail.
go get 'em!
dx
GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
Thanks for coming back - do I claim back from when it started?
Until I get all my statements I don't know how much I paid in March 2006 to Feb 2007 (Court order applied for this week) so If I make a claim for part re-imbursement can I claim for the rest when I know what it is?
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
Posts
25,093
Re: Barclaycard PPI - A bit confused
you can adjust your claim until it actually goes to court
but. it wont they will cave in
calculate all PPI and charges of whatever kind then follow as above
but give them 14 days before mcol
dx
GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
CHeers - for that - so far with this and the rest of my other charges I've covered half the debt. I've still got another 12 months worth - from 2006 that should be loaded up nicely with interest - assuming of course that they haven't "lost" my statements. (now that would be an interesting state of affairs)
When I get this sorted I need to look at what been sent to the CRA's and get that lifted and see what action I can take about that B/C have beggared up my credit file with 12 month+ of over limit reports and all because because of the PPI that had been cancelled - But that will be another Story
Claim sent and delivered - sent it to registered office. I gave them a 3 weeks. to pay.
I got a reponse from the Court today I've issued a summons to get the rest of my statements and a copy of the credit agreement. B/C have got just over a couple of weeks to respond to the Court.
I also got my latest statement - PPI still being charged in spite of all my letters to them........Tsk!
B/C's 3 weeks are up this weekend and I haven't heard a thing from them - no surprise there then!
I have only claimed 12 months+ PPI from them as that's all the info I have unitil they comply with my SAR - I issued proceeding to get them to supply the info for this at my local Court - they have said they will defend so that extends the time they have to comply to 31/03/09.
Should I wait and get the rest of my statemenes from B/C and go for the whole of the PPI in one go - or should I claim what I know about? my current claim -covers PPI + interest + overlimit charges (brought about by PPI) that have been charged since I cancelled the cover in Feb 07. The rest of the claim, a further 12 months, would be based on mis-sold - and I think I might be on shakey ground with that period.
Goodness gracious I have had a response from B/C -
They're sorry I have had to contact them re the PPI - but would I complete a form and return it to them and they will look into my complaint.
What a shower of incompetants they are! Still it's not a time to get mad, it's a time to get even!
I shall reply and remind them that my letter was a lba backed up by they're own DATA print out and not open to debate, I think I will send my own form and give them 7 days to complete it. It would make a useful addition to my court claim. (I hope I win the lottery - I'll need it for all these court fees).
Update re PPI - I included my list of PPI charges and calculated compound interest from the date it was started.
I stated why I thought it was mis-sold and pointed out that although I had cancelled it in 2007 they had continued to process it and as a result I had incurred overlimit charges. I bundled this up with my claim for the charges incurred and sent it by carrier to the London Registered Office.
Carrier costs more but I could track it next day on line.
The parcel was returned!!!! They had opened it looked what was inside and rejected the delivery. Miffed or what?
It got sent again by recorded post to the PO Box address, and I revoked the 28 day deadline and gave them 14days to pay up in full including compound interest and strongly complained that they had refused to deal with my claim at the Head office.
I also fired a complaint off to the "how to complain site"
Today I got a letter and I quote:
" Having reviewed your complaint I feel that there is a lack of supporting evidence to confirm that the sale of PPI was carried out in accordance with our standard procedures"
They have offered me full re-imbursement of the PPI + 8% interest -41.80 instead of the 252.56 I calculated. - not massive fortunes but I'm on my high horse now.
Now although this is a victory - I still think that they should pay me the full amount of interest.
They have also told me that they have re-imbursed some of my charges + 8% interest which has been credited to the account account a short fall of 300+ including interest - although they haven't sent me a statement since February so I wouldn't know that
Can I send some-one my spreadheet for them to have a once over of my calculations before I go back to them?
They have also told me that they have re-imbursed some of my charges + 8% interestwhich has been credited to the account account a short fall of 300+ including interest - although they haven't sent me a statement since February so I wouldn't know that
You could of course insist that they send you a personal cheque in your name and not use any refund of mis-sold PPI to pay of any outstanding balance on the card.
Well done if you pm Pompeyfaith he is a whizz at spreadsheets and would probably be able to help with the calculations. I would tend to press barclaycard by offering to complain to the Financial Ombudsman Service, Financial Services Authority and Office of Fair Trading.
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.
The non compliance for the SAR is now a Court issue - I have just recieved the aq as B/c submitted a defence. They have made no reference to the PPI at all on this defence.
I have put feelers out on the legal thread to see if any one can advise me on section G response of the AQ
I will e-mail Pompeyfaith thanks for pointing me in his direction. I always feel as though I'm imposing when I send unsolicited e-mails so tend to wait invitation rather than push my way forward.
Barclaycard PPI - A bit confused
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Re: Barclaycard PPI - A bit confused
Still it's not a time to get mad, it's a time to get even!
