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DJ1971 v's Barclayloan "this fight is for loan PPI" ***WON***
My girlfriend took out a barclayloan in March 2008 with single premium added. She did agree to this under duress and was not informed of the full t&c's. We contacted Barclays and asked them to cancel the PPI, but they said it could not be cancelled without taking out a new loan to pay the balance off in full. So we took out a loan from a different provider to pay off the barclayloan and have submitted a claim for refund of all ppi payments made plus interest. In their final settlement figure, they have offered less than a 30% refund of the ppi premium, even though only 13 months of the loan agreement has passed. Our question is there a formula for calculating amount of unused ppi premiums? and should we settle the loan prior to the outcome of our claim on premiums already paid?
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
Hello dj,
My girlfriend took out a barclayloan in March 2008 with single premium added. She did agree to this under duress and was not informed of the full t&c's. We contacted Barclays and asked them to cancel the PPI, but they said it could not be cancelled without taking out a new loan to pay the balance off in full. So we took out a loan from a different provider to pay off the barclayloan and have submitted a claim for refund of all ppi payments made plus interest. In their final settlement figure, they have offered less than a 30% refund of the ppi premium, (is the offer 30% of the single figure premium or 30% of the PPI premiums paid over 13 months?) even though only 13 months of the loan agreement has passed. Our question is there a formula for calculating amount of unused ppi premiums? (There are varius spreadsheets for calculating the PPI interest but not sure they will cover what you are asking) and should we settle the loan prior to the outcome of our claim on premiums already paid? ( IMO I would wait for the outcome of your claim.
Do you have all the paperwork from your loan Consumer Credit Agreement terms and conditions and Statements?
Also have a look through these links they may help you.
Before you accept have a look through the links above and more in here.....links
RBS offered me £2.6k I refused and went to the fos RBS eventually paid me £3.8k on one complaint and over £6k on another one via the FOS. it took a year of fighting but I received all the monthly premiums I had paid plus the interest and got 8% Statutory interest on top.
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.
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
Do not get statements on the loan. But yes do have the loan agreement. Can anyone help us calculate the unused PPI refund we should be getting, upon settling the loan early. Here are some of the figures:
First payment made 6th April 08 and no arrears on the account.
This is a Breakdown of the final settlement figure:
Balance of loan
£11,259.56
Plus interest charged since last repayment
£43.34
Plus early settlement fee
£162.52
Less rebate of insurance premium
£1,566
Total settlement figure
£9,899.42
We have separately sent a request for refund of all payments made on the premium loan (PPI) as we believe it was mis-sold. They have responded with a form requesting further information, which we filled in answering "as outlined in original letter dated..."
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
The settlement figure was calculated 17/04 and we were told on the phone that figure was valid for 28 days. Called last night to settle the loan and they denied saying the quote was valid for 28 days, added another 9 days interest to the figure and took £100 off the PPI rebate. I am astonished, please help
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
The settlement figure was calculated 17/04 and we were told on the phone that figure was valid for 28 days. Called last night to settle the loan and they denied saying the quote was valid for 28 days, added another 9 days interest to the figure and took £100 off the PPI rebate. I am astonished, please help
Firstly keep everything in writing phone calls can be denied.
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.
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
Sent the SAR yesterday. Did call Barclays head office customer relations today. Settled the loan at the new figure and they refunded the difference from the original settlement figure. Also submitted a formal complaint about the amount of PPI rebate. Guess is a waiting game now.
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
Logged into account today. Barclays did not make the refund as promised, took the £10,051.43 against the loan, and now tonight the loan is showing a balance of £70 owed. Tried calling them and they deny agreeing a refund. Yet another episode in the continued story of barclays saying one thing and doing another. Then denying they said what they said. Absolutly appauling customer service yet again from barclays.
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
Sent SAR couple of weeks ago. Got statements for the current account yesterday, but no loan agreements, no letters, no direct debit mandates, and absolutly nothing on either of the 2 credit cards. Should I wait, or send them a reminder I had requested full SAR?
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
Sent Subject access request couple of weeks ago. Got statements for the current account yesterday, but no loan agreements, no letters, no direct debit mandates, and absolutly nothing on either of the 2 credit cards. Should I wait, or send them a reminder I had requested full Subject access request?
This is a copy of a letter I submitted and the ICO actually upheld my complaint (see the link in my signature box below for the result)
Submission of a Very Serious Formal Complaint against the Royal Bank of Scotland
Despite several further requests for the information as required by my S.A.R - (Subject Access Request), none has been forthcoming.
Letters have been sent on:
24 January 2008
16 February 2008
12 March 2008
28 March 2008
2 April 2008
12 April 2008
12 April 2008 Request for CCA under provision of Consumer Credit Act 1974
19 April 2008
I have still not received Consumer Credit Agreements with associated paperwork on four of the loans. Because of the inordinate delays, the information requested on the first loan which was refinanced in March 2002 would be of no use as any claim against that loan would now be statute barred within the Scottish Courts.
I have not received data in the name of recordings of telephone conversations or transcripts of those conversations between the RBS and myself.
I have not received copies of emails or letters which I know exist.
I have also not received any properly certified documentation by Data Controllers within the RBS stating the information that I have requested has been disposed of, destroyed or erased.
The Royal Bank of Scotland is a member of the British Bankers Association (BBA), is licensed by the Financial Services Authority and should I believe, operate within the Law of the Land and therefore respond within the statutory timescales within Legal Acts at Law, namely the Data Protection Act 1998.
I have, when asked, provided information to the RBS, but it seems to me now, that they will try and delay supplying the data requested by using whatever delaying tactics they see fit. On one occasion referring me back to DLFS for the information I had requested. The fact that the DLFS had been legally transferred back to the RBS on 1 March 2006 (the transfer included all DLFS loans) was obviously overlooked by the Data Protection staff within the RBS.
This is indeed an extremely sorry state of affairs and it beggars belief that RBS staff would not be aware this Legal transfer had taken place.
My understanding is that the RBS had 40 days to fully supply all the information requested in my Subject Access Request, this has most certainly not happened.
I would therefore like to request that each addressee takes the appropriate measures to instruct or at least direct the RBS to supply this information to me as a matter of urgency.
I have a complaint lodged with the Information Commissioners Office Case Reference xxxxxx
I would now urge the Commissioner to consider an Enforcement notice against the RBS under Section 40 of the Data Protection Act.
I would also request that the Financial Services Authority, the Financial Ombudsman Service, the Office of Fair Trading and the British Bankers Association add this extremely serious complaint to their files on the Royal Bank of Scotland.
You can use this if you wish just remove my stuff and put in all of your own details to suit.
Keep everything in writing
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.
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
Many thanks Alanalana, for all your help and support thus far. Just so I am clear, are direct debit mandates, original signed credit card agreements and original signed loan agreements covered in the SAR?
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
Many thanks Alanalana, for all your help and support thus far. Just so I am clear, are direct debit mandates, original signed credit card agreements and original signed loan agreements covered in the Subject access request?
Your SAR should cover all data but the requirement for them to send a signed copy of the Agreements is incorrect. They are only required to send you a true copy of the original Consumer Credit Agreement and there is no requirement for it to show the signatures. It must however be a true copy of the original with the relevant terms and conditions attached that were applicable at the time the Credit Card or loan started.
You should get statements on the accounts as well and also ask for a copy of the needs and wants/customer duty of care questionnaire which they should complete at the point of sale to ensure they asked all the relevant questions to ensure the policy was suitable for you.
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.
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
Many thanks.
lba sent yesterday and received today. Just had a thought. Should I have sent a separate SAR for the credit cards which are from barclaycard, or do they all come under the same company Barclays??
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
Many thanks.
lba sent yesterday and received today. Just had a thought. Should I have sent a separate Subject access request for the credit cards which are from barclaycard, or do they all come under the same company Barclays??
IMO keep any debit/credit cards separate from any loans the APR will be different and so will the Consumer Credit Agreement with the terms and conditions. The APR will also be much higher on Cards than loans.
I would make any claims seperate issues for Cards and Loans IMO.
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.
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
Thanks Alanalana, but am not clear. Are you suggesting I should send a separate Subject access request for the credit cards?
No IMO Barclays is one group so one SAR should cover all data from them be it loans, credit cards , mortgages etc however beware they could being a greedy lot actually try it on with a request for you to pay for two sars for the data let me know if they do this
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.
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
Not received anything further on SAR. They have until 8th June. When calculating compound interest, do I put end date as when loan was paid off, or today's date. Am using 1 of the calculators from this forum.
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
Not received anything further on Subject access request. They have until 8th June. When calculating compound interest, do I put end date as when loan was paid off, or today's date. Am using 1 of the calculators from this forum.
The actual claim for repayment should cover the PPI payments made over however many months you paid them plus the interest at contractual rate per month ie what they charged you on the PPI and then add on 8% statutory from the day you signed the agreement until the day you sign to accept the offer.
This is what the fos did for me I turned down an offer from RBS of £2.6 K and complained to the FOS the offer was then revised to £3.8K and overall I recovered ovr £10k on 7 loans and all using the FOS who would also have charged RBS £1k ie £500 per complaint I submitted. I did 2 but it could have been 7 for each of the refinancing loans I had.
They will however still try and keep money by only repaying simple interest and not compound interest. PPI what a total nightmare.
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.
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
It certainly has been for my OH aa. Received a letter from Barclays today saying thank you for your letter requesting 6 years worth of statements, blah blah blah. They actually sent 3 years worth of statements on the loans account. This does mean I now have all info needed to submit claims for mis-sold PPI. However they still have not fully complied with my SAR foe which the deadline is 8th June. My question is, do I write to them again saying the following information is missing and you have 8 days left to comply, or just wait until next monday and submit complaint to ICO?
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
It certainly has been for my OH aa. Received a letter from Barclays today saying thank you for your letter requesting 6 years worth of statements, blah blah blah. They actually sent 3 years worth of statements on the loans account. This does mean I now have all info needed to submit claims for mis-sold ppi. However they still have not fully complied with my Subject access request foe which the deadline is 8th June. My question is, do I write to them again saying the following information is missing and you have 8 days left to comply, or just wait until next monday and submit complaint to Information Commissioners Office?
IMO write again pointing out their failure to fully comply with the SAR. If the information then is not forthcoming by the 8 June 40 days after your SAR was received by them. Straight to the ICO. RBS gave me the runaround for months. But eventually the ICO upheld my complaint and rapped RBS on the knuckles. It took a while but I was still receiving special delivery of documents weeks after settling through the fos.
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.
re: DJ1971 v's Barclayloan "this fight is for loan PPI"
Thanks aa. Second lba printed and going in post recorded tomorrow morning. There were 4 separate loans between august 2003 and the fourth was paid off April this yea. Each had single premium PPI added and apart from the fourth were paid off early by preceding loan. Have done all the calculations of PPI + compound+8%, do I submit a separate claim for each loan, or all four loans on 1 claim?
DJ1971 v's Barclayloan "this fight is for loan PPI" ***WON***
and asked them to cancel the PPI, but they said it could not be cancelled without taking out a new loan to pay the balance off in full. So we took out a loan from a different provider to pay off the barclayloan and have submitted a claim for refund of all ppi payments made plus interest
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re: DJ1971 v's Barclayloan "this fight is for loan PPI"
