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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Papapax -v- Barclaycard re PPI

    Hi,

    I am new to this forum. I have however sent Barclaycard a letter regarding miss-selling of PPIicon. The thing is Barclaycard took over Morgan Stanley cards, which mine was originally with.

    They have replied to me with a Payment Protection Insurance Complaint Customer Questionnaire.. (yeah, that is the full name)

    They have all sorts of silly questions really. Policy Number, Date of Policy Telephone Numbers, etc

    Then the reason for my complaint. I already stated the reason in my first letter. To tell you the truth. I had NO idea that I had PPI and when I saw it on my statement I assumed that it was part and parcel of the card. It was only later after reading about it that I realised it was optional.

    What do I answer to these questions?

    How did you purchase the PPI?
    Where you informed of the 30 day cancellation?
    Can you recall what info you were told during the sale of the ppi?

    The one that trhows me the most is : Are there any other pertinent facts why you should not have taken out the cover? (What is this suppose to mean?)

    Then there are questions about disability, existing medical condition.

    I have never claimed and to be honest, like I said, I can not even recall that I ever agreed to this as when I saw the extortionate amount that I have been paying over the last 4 years, in the region of £1200, I felt a bit cheated really.

    Now it's like I am being interogated. How do I answer these questions without sounding like an idiot? I genuinely can't recall agreeing to ANY of this let alone the date it was taken out. I saw on my statements that it started in the first month if me opening the account and I can recall applying for the card via a "brochure" type junk mail thingy they sent addressed to me.

    Can anyone give me pointers how to approach this, has received this questionnaire? It would be much appreciated. As I think this is another psychological ploy by the bank to put you off completing the claim.

    Thanks for your time in advance.


  2. #2
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    Default Re: Barclaycard PPI

    Quote Originally Posted by Papapax View Post
    Hi,

    I am new to this forum. I have however sent Barclaycard a letter regarding miss-selling of PPIicon. The thing is Barclaycard took over Morgan Stanley cards, which mine was originally with.

    They have replied to me with a Payment Protection Insurance Complaint Customer Questionnaire.. (yeah, that is the full name)

    They have all sorts of silly questions really. Policy Number, Date of Policy Telephone Numbers, etc

    Then the reason for my complaint. I already stated the reason in my first letter. To tell you the truth. I had NO idea that I had PPI and when I saw it on my statement I assumed that it was part and parcel of the card. It was only later after reading about it that I realised it was optional.

    What do I answer to these questions?

    How did you purchase the PPI?
    Where you informed of the 30 day cancellation?
    Can you recall what info you were told during the sale of the ppi?

    The one that trhows me the most is : Are there any other pertinent facts why you should not have taken out the cover? (What is this suppose to mean?)

    Then there are questions about disability, existing medical condition.

    I have never claimed and to be honest, like I said, I can not even recall that I ever agreed to this as when I saw the extortionate amount that I have been paying over the last 4 years, in the region of £1200, I felt a bit cheated really.

    Now it's like I am being interogated. How do I answer these questions without sounding like an idiot? I genuinely can't recall agreeing to ANY of this let alone the date it was taken out. I saw on my statements that it started in the first month if me opening the account and I can recall applying for the card via a "brochure" type junk mail thingy they sent addressed to me.

    Can anyone give me pointers how to approach this, has received this questionnaire? It would be much appreciated. As I think this is another psychological ploy by the bank to put you off completing the claim.

    Thanks for your time in advance.

    Hello papadax,

    please start your own thread by clicking on this link...

    http://www.consumeractiongroup.co.uk...ewthread&f=111

    Then give your thread a title and away you go..

    So you do not get caught out please also read the site rules

    Forum Rules - Please read before posting




    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: Papapax -v- Barclaycard re PPI

    Hi Papapax,

    I've opened a thread for you here in PPIicon and have closed the other thread you started in the Barclaysicon forum. One thread means all Q and A's are in the same place for you.

    Good luck in your dealings with BC.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  4. #4
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    Default Re: Papapax -v- Barclaycard re PPI

    Hello papapax
    With thanks to slick for seting you up with a thread.
    Hi,

    I am new to this forum. I have however sent Barclaycard a letter regarding miss-selling of PPI. The thing is Barclaycard took over Morgan Stanley cards, which mine was originally with.

    They have replied to me with a Payment Protection Insurance Complaint Customer Questionnaire.. (yeah, that is the full name)

    They have all sorts of silly questions really. Policy Number, Date of Policy Telephone Numbers, etc

    Then the reason for my complaint. I already stated the reason in my first letter. To tell you the truth. I had NO idea that I had PPI and when I saw it on my statement I assumed that it was part and parcel of the card. It was only later after reading about it that I realised it was optional.

    What do I answer to these questions?

    How did you purchase the PPI?
    Where you informed of the 30 day cancellation?
    Can you recall what info you were told during the sale of the ppi?

    The one that trhows me the most is : Are there any other pertinent facts why you should not have taken out the cover? (What is this suppose to mean?)

    Then there are questions about disability, existing medical condition.

    I have never claimed and to be honest, like I said, I can not even recall that I ever agreed to this as when I saw the extortionate amount that I have been paying over the last 4 years, in the region of £1200, I felt a bit cheated really.

    Now it's like I am being interogated. How do I answer these questions without sounding like an idiot? I genuinely can't recall agreeing to ANY of this let alone the date it was taken out. I saw on my statements that it started in the first month if me opening the account and I can recall applying for the card via a "brochure" type junk mail thingy they sent addressed to me.

    Can anyone give me pointers how to approach this, has received this questionnaire? It would be much appreciated. As I think this is another psychological ploy by the bank to put you off completing the claim.

    Thanks for your time in advance.
    A lot of questions being asked here. Firstly if you claiming mis-sold PPI it is not you that should be providing information but barclaycard.

    You should start with a Subject access requesticon this should provide you with all the data that is applicable to you as a data subject with the barclays bank including barclaycard.

    Here are a couple of templates for SAR letters...

    Full SAR for ppi

    Data Protection Act 1998 - Subject access request

    You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. The post office will be able to confirm when it was encashed (just call 01246 542091 they will even send written confirmation if you request it) Send all correspondence by at least recorded to be signed for so you can track delivery through Royal Mail.

    You should request the following documents:

    A true copy of your Consumer Credit Agreement with the terms and conditionsicon that were applicable at the time you took the loan/card/mortgage.

    Copies of all statements applicable to the loan/card/mortgage.

    Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.

    Copies of all recorded telephone callsicon or transcripts of the recordings.

    A copy of the needs and demands or customer duty of care questionnaire... here is an example.

    http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf

    Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.

    There is much more information in here that should help you along the way.
    PPI - Some Notes for Claimants..

    Mis-sold PPI? Want your money back? use these links to help

    I believe this will cover the questions above.

    t includes the following and much much more
    Negotiating with the Data Subject (This should be important to Banks)

    At this stage, it is advisable to negotiate with the data subject. The location information the data subject will have already given will give a clue as to what it is the data subject really wants to have information about. The benefit of the Data Protection Act 1998 is that it allows data controllers to negotiate with data subjects to get the data subject to specify the exact information he or she wishes to receive.

    The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.

    When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.

    However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required. (nice to know what you see in the Act is what you get)


    Do not be fobbed off by them citing issues such as relevant filing systems.

    If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.

    This should get you started.

    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.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE