Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


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  1. #1
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    TINK660 Novitiate

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    Default Barclaycard/ex Goldfish Ppi Refund Offer

    Hi,

    Much to our suprise (reading other peoples experiences with Barclaycard) they have offered to refund the PPIicon premiums on my husbands credit card which used to be a Goldfish card. But (there always has to be a but!) they state

    "Our aim to to put you in the same financial position as you would have been if you had not taken out a payment protection insurance policy"

    and then

    "Calculating your refund involves:

    Reviewing the statements we have available (over the past 6 yearsicon) and adding the total premiums you have paid with respect to your ppi and adding any interesticon which would have been paid on the total premiums paid"

    However my husband has had the card a lot longer than 6 years (dont know exactly how long but more in the region of 12 years) therefore the settlement is clearly not going to put him back in the position he would have been had he not taken out ppi!

    Also the 8% added on as interest is just a standard 8% on the refund offered (not compounded) and barclaycards current interest rate is 19.9% pa.

    I phoned them and they said that they dont have any statements going back past 6 years and a cca request we previously done just gave us the usual crap that they send out and not the actual agreement.

    Therefore we feel that the figure should be a lot higher than they have offered.

    By the way when we were claiming charges on this card they send us statements going back to 2001 so they obviously do have more statements than they are letting on!

    Tink

    GE MONEY - DEBENHAMS CARD
    Settled in full after prelim

    MBNA
    Settled after LBA
    however mistake made by me on contractual interest so going after the rest now
    SETTLED IN FULL JAN 2007

    MINT
    Offer after prelim rejected
    Settled in full after LBA


    to go:
    Barclays Bus Ac - to mcol
    Barclays CC - to mcol
    Nat West (over 6 years) no action taken yet
    Creation Financial - awaiting statements since Dec
    Goldfish - offer after prelim rejected
    and some more

  2. #2
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    alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana's Avatar

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    Default Re: Barclaycard/ex Goldfish Ppi Refund Offer

    Hello tink,

    Hi,

    Much to our suprise (reading other peoples experiences with Barclaycard) they have offered to refund the PPIicon premiums on my husbands credit card which used to be a Goldfish card. But (there always has to be a but!) they state

    "Our aim to to put you in the same financial position as you would have been if you had not taken out a payment protection insurance policy"

    and then

    "Calculating your refund involves:

    Reviewing the statements we have available (over the past 6 yearsicon) and adding the total premiums you have paid with respect to your ppi and adding any interesticon which would have been paid on the total premiums paid"

    However my husband has had the card a lot longer than 6 years (dont know exactly how long but more in the region of 12 years) therefore the settlement is clearly not going to put him back in the position he would have been had he not taken out ppi!

    Also the 8% added on as interest is just a standard 8% on the refund offered (not compounded) and barclaycards current interest rate is 19.9% pa.

    I phoned them and they said that they dont have any statements going back past 6 years and a cca request we previously done just gave us the usual crap that they send out and not the actual agreement.

    Therefore we feel that the figure should be a lot higher than they have offered.

    By the way when we were claiming charges on this card they send us statements going back to 2001 so they obviously do have more statements than they are letting on!

    Tink
    You are entitled to a true copy of the Consumer Credit Agreement but it does not have to bear the signatures.

    This is a new tack the banks are taking, we do not keep records beyond 6 years.

    Now banks by law are required to keep records on any account for 6 years after the last transaction on the account. But if the account is still running then they should supply all the information on that account.

    I successfully claimed back to 1997.

    I would suggest a complaint to the Information Commissioners Office or Court action for non compliance with a Subject access requesticon under the Data Protection Act 1998 or a non compliance with A Consumer Credit Agreement under section 78 of the Consumer Credit Act 1974 which ever way you went.

    If the account is still live and they refuse to give you all the relevant information insist that they provide all of the details on the destruction of your data.

    I would also suggest your reclaim not just for the six years but if they do not provide the figures or statements just claim double the six years paperwork they do have and let them worry about proving the figures.

    If they then refuse to pay up Financial Ombudsmanicon Service is IMO the way to go. It takes an inordinate amount of time but they are upholding 90% of PPI complaints so chances are in your favour.

    aa

    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

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    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.

  3. #3
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    Default Re: Barclaycard/ex Goldfish Ppi Refund Offer

    Post removed


    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

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    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.

  4. #4
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    Default Re: Barclaycard/ex Goldfish Ppi Refund Offer

    Alanalana,

    I think your post relates to someones elses thread.

    Anyway I have sent a letter to Barclaysicon explaining that their offer of a refund does not put my husband back in the position he would have been had he not had PPI and that to do this he would need a refund of all payments made since inception (approx 1996) and interesticon at their rate of 19.6%. Waiting patiently for reply!

    Tink

    GE MONEY - DEBENHAMS CARD
    Settled in full after prelim

    MBNA
    Settled after LBA
    however mistake made by me on contractual interest so going after the rest now
    SETTLED IN FULL JAN 2007

    MINT
    Offer after prelim rejected
    Settled in full after LBA


    to go:
    Barclays Bus Ac - to mcol
    Barclays CC - to mcol
    Nat West (over 6 years) no action taken yet
    Creation Financial - awaiting statements since Dec
    Goldfish - offer after prelim rejected
    and some more

  5. #5
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    Default Re: Barclaycard/ex Goldfish Ppi Refund Offer

    Update:

    No reply yet - now waiting very unpatiently for reply!

    I suppose its very hard to reply to something so straightforward

    To summarise:

    "They have offered to put my husband back in the position he was in before he took out the PPIicon, admitting that it was missold, they then go on to say they will refund all ppi payments made over the last 6 yearsicon (no interesticon added). As he has had the card and ppi for considerably longer than 6 years and interest has been added at their extortionate rate of 19.6% it certainly does not put him back in the position he would have been in before taking out the ppi!"

    Somebody must be having to check their figures again and again on the calculator.

    GE MONEY - DEBENHAMS CARD
    Settled in full after prelim

    MBNA
    Settled after LBA
    however mistake made by me on contractual interest so going after the rest now
    SETTLED IN FULL JAN 2007

    MINT
    Offer after prelim rejected
    Settled in full after LBA


    to go:
    Barclays Bus Ac - to mcol
    Barclays CC - to mcol
    Nat West (over 6 years) no action taken yet
    Creation Financial - awaiting statements since Dec
    Goldfish - offer after prelim rejected
    and some more

  6. #6
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    Default Re: Barclaycard/ex Goldfish Ppi Refund Offer

    Sent Barclaysicon a letter on 10th August giving my own calculations of how the account should be put back in the position as if my husband had never had PPI insurance - enclosed statements including interesticon at 1.52% per month and 8% on top of that and fosicon statement of how refunds should be calculated.

    Had no reply so phone them - funnily enough the person that wrote the letter does not accept incoming phone callsicon but was advised that they are only dealing with letters received up to 1st August so couldnt give a timescale as to when I would receive a reply.

    Clocks ticking and interests building but I'm getting very impatient.

    (Looks like Saturday is update day for me!)

    GE MONEY - DEBENHAMS CARD
    Settled in full after prelim

    MBNA
    Settled after LBA
    however mistake made by me on contractual interest so going after the rest now
    SETTLED IN FULL JAN 2007

    MINT
    Offer after prelim rejected
    Settled in full after LBA


    to go:
    Barclays Bus Ac - to mcol
    Barclays CC - to mcol
    Nat West (over 6 years) no action taken yet
    Creation Financial - awaiting statements since Dec
    Goldfish - offer after prelim rejected
    and some more

  7. #7
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    Default Re: Barclaycard/ex Goldfish Ppi Refund Offer

    Hi Tink660,

    I submitted a claim to Barclaycard on behalf of my OH for mis sold PPIicon on 2 cards. They made the same offer as to her on 1 of the cards, ie "We will put you back on the same position as if PPI had never been taken out" but then offered only 8% simple interesticon on top of premiums paid.

    They did however say in their offer letter that where the PPI went back further than 6 yearsicon, they calculate the average monthly payment and multiply that by the number of months she had the card over 6 years.

    I sent a letter back to them saying your offer does not bring us back to the position we would have been in...... They wrote back about 6 weeks later saying this is our final offer.

    Both claims now with fosicon.

    DJ1971


  8. #8
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    Default Re: Barclaycard/ex Goldfish Ppi Refund Offer

    Now sick of waiting for this lot to reply so filling in form for fosicon involvement today and sending Monday.
    The person who signs the letters in the PPIicon complaints dept does not even accept incoming phone callsicon - so another one for the FOS to deal with.

    GE MONEY - DEBENHAMS CARD
    Settled in full after prelim

    MBNA
    Settled after LBA
    however mistake made by me on contractual interest so going after the rest now
    SETTLED IN FULL JAN 2007

    MINT
    Offer after prelim rejected
    Settled in full after LBA


    to go:
    Barclays Bus Ac - to mcol
    Barclays CC - to mcol
    Nat West (over 6 years) no action taken yet
    Creation Financial - awaiting statements since Dec
    Goldfish - offer after prelim rejected
    and some more

  9. #9
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    Default Re: Barclaycard/ex Goldfish Ppi Refund Offer

    Well I havent sent fosicon form yet (thought I had but must have slipped my mind) - still waiting for a reply from Barclaysicon - will wait one more week and then my patience will have run out, every time I ring them I am given a different date as to what correspondence they are dealing with - it would appear they are going backwards as one week it was the 5th August and the next week it was the 1st August. But then nothing surprises me with this bunch of .......

    GE MONEY - DEBENHAMS CARD
    Settled in full after prelim

    MBNA
    Settled after LBA
    however mistake made by me on contractual interest so going after the rest now
    SETTLED IN FULL JAN 2007

    MINT
    Offer after prelim rejected
    Settled in full after LBA


    to go:
    Barclays Bus Ac - to mcol
    Barclays CC - to mcol
    Nat West (over 6 years) no action taken yet
    Creation Financial - awaiting statements since Dec
    Goldfish - offer after prelim rejected
    and some more

  10. #10
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    alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana's Avatar

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    Default Re: Barclaycard/ex Goldfish Ppi Refund Offer

    Quote Originally Posted by TINK660 View Post
    Well I havent sent fosicon form yet (thought I had but must have slipped my mind) - still waiting for a reply from Barclaysicon - will wait one more week and then my patience will have run out, every time I ring them I am given a different date as to what correspondence they are dealing with - it would appear they are going backwards as one week it was the 5th August and the next week it was the 1st August. But then nothing surprises me with this bunch of .......
    Plonkers

    Just filled in the blank

    I also have claims in with barclaycard it seems they are being totally obstructive in replying to PPIicon claims for mis-selling so we take the matter on to the FOS who seem to be upholding 90% of the claims for mis-selling against the majority of banks etc. So IMO barclays will eventually have to refund the mis-sold PPI it is just a matter of time

    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

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    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.

  11. #11
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    Question Re: Barclaycard/ex Goldfish Ppi Refund Offer

    Quote Originally Posted by TINK660 View Post
    Well I havent sent fosicon form yet (thought I had but must have slipped my mind) - still waiting for a reply from Barclaysicon - will wait one more week and then my patience will have run out, every time I ring them I am given a different date as to what correspondence they are dealing with - it would appear they are going backwards as one week it was the 5th August and the next week it was the 1st August. But then nothing surprises me with this bunch of .......
    Hi Tink660 ,just curious did you ever make a successful claim with Barclaycard for mis-sold PPIicon ?



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