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.
I'm going to be looking for advice regarding reclaiming PPI from barclaycard.
I've had an offer from Barclaycard which is for all premiums plus 8% flat interest on top.However i have refused this and asked them for ppi+contractual+8% simple.I know they are going to say no,but i do not wish to go to the fos as i am going to be waiting for up to a couple of years.I am looking to go the court route, but not having done this before,i am a bit apprehensive.
There are no problems with the account,for such things as late payment or arrears,but Barclaycard will not supply copy of the signed executed agreement,so i assume it does not exist.
Repayment of the PPI,plus simple interest from the date of payment should be almost enough to clear the account balance,but i'd really like to take them for the contractual compounded interest that they have charged me. However it does not appear the FOS ask companies to settle compounded contractual interest complaints therefore court appears to be the only route.
Thanks in advance for any comments,they'd be much appreciated.
Yes CCA and SAR requests have been made,but have i only received copies of statements and three copies of terms and conditions.I dont think i want to go down unenforcable route or stop paying,but the fact i they do not have any agreement should surely strengthen any court claim.
Before you go into any sort of court claim you should try and pressure them more.
Send them a letter of non compliance first
you'll find templates in the link below, courtesy of Alanalana
Thanks - I've seen other posts saying that but I don't understand how you claimed in the first place if you didn't know how much to ask for. I think the letter on here includes the figures you are claiming so you must have sent a different one?
But from what I've seen on other threads people are having to go to Information Commissioner to get them to supply older statements off microfiche, so it will take forever to just get the statements.
Sent letter to barclaycard re mis-selling of PPI months beforee i sent off for SAR.I asked for for refund of premiums etc and gave various reasons for mis-selling.
When barclaycard made their offer they averaged out premiums post 2003 to compensate for premiums made prior to 2003 even though they say they do not have the corresponding statements.
This seems to be their policy on my reading of some other thredas.
Yes thanks, it probably will. I'm having a "finance weekend" this coming weekend to sort it out. I think I'll work the figure out on the statements I have got though (I mean including the interest they charged me) just out of curiousity and to see how much extra it is.
I've got a PPI claim started with a Northern Rock loan and was amazed that the interest charged made such a difference, it doubled the claim with the 8% as well, and that was only at a rate of 7.2%. Barclaycard interest rate will no doubt have been a lot higher.
I'm going to be looking for advice regarding reclaiming PPI from barclaycard.
I've had an offer from Barclaycard which is for all premiums plus 8% flat interest on top.However i have refused this and asked them for ppi+contractual+8% simple.I know they are going to say no,but i do not wish to go to the fos as i am going to be waiting for up to a couple of years.I am looking to go the court route, but not having done this before,i am a bit apprehensive.
There are no problems with the account,for such things as late payment or arrears,but Barclaycard will not supply copy of the signed executed agreement,so i assume it does not exist.
Repayment of the PPI,plus simple interest from the date of payment should be almost enough to clear the account balance,but i'd really like to take them for the contractual compounded interest that they have charged me. However it does not appear the FOS ask companies to settle compounded contractual interest complaints therefore court appears to be the only route.
Thanks in advance for any comments,they'd be much appreciated.
Unlikely to be a couple of years it could be much shorter, My claim was 4 months and the FOS are improving on the timescales for settlement as the complaints keep mounting.
You should work out your claim using a spreadsheet and resubmit to Barclays insisting on the contractual interest from loan start to loan closure and 8% statutory from loan start to settlement of your claim. If they refuse your claim then send the spreadsheets to the Ombudsman as it is a 90% chance you claim would be upheld.
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.
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.
Letter today from Barclaycard in which they have added simple interest at 8% on each payment made,to their previous offer,instead of 8% flat interest.This makes a helluva difference but still no contractual,by the looks of things.
Looks like tonight is going to an evening doing calculations.
This is how the fos would settle the matter if it helps (for an example)
1 Where the card account and the PPI are still in force
a/ reconstruct the account by removing any premiums in respect of the PPI and any interest or charges in respect of those premiums.
b/ if that produces a credit balance for any period, credit interest on that balance for that period at 8% simple per year: and
c/ send the customer a statement showing the resulkting blance on the account and details of how calculated
2 Where the card account is still open but PPI has been canceled
a/ reconstruct the account by removing any premiums in respect of the PPI and any interest or charges in respect of those premiums;
b/ if that produces a credit balance for any period, credit interest on that balance for that period at 8% simple per year;and
c/ send the customer a statement showing the resulting balance on the account with details on how calculated
3 Where the card account has been cleared and closed and PPI has been cancelled
a/ reconstruct the account by removing any premiums in respect of the PPI and any interest or charges in respect of those premiums;
b/ if that produces a credit balance for any period, credit interest on that balance for that period at 8% simple per year;and
c/ pay the customer the difference between the revised closing balance and the original closing balance;
d/ pay the customer interest on that difference at 8% simple per year from the date of closure to the date of payment; and
e/ send the customer a statement showing the resulting balance on the account with details on how calculated
The problem seems to be that i have yet to see cases where the fos award the compounded contractual rate we have been charged at.
The FOS seem to just award as per those guidelines, which seems to assume that interest was only charged for the particular month the payment was made.
If Barclaycard agree to my request for PPI premiums and compound interest paid on those premiums,how does the 8% simple interest portion work.Is it
a.based on the premium,or
b.based on the premium and compounded interest up to date.
If it is a,then the date the simple interest kicks in is obviously from the date the ppi premium was paid.If it is b,what date do we use for calculation?
Right you need to work out each PPI payment separately like thus:
PPI payment + compounded interest + 8% stat interest
As this is a credit card and the interest rolls on month on month you calculate compounded from the date of payment to date of settlement but as you will not know this date I would settle for the date of posting claim
Same goes for the 8% stat but put something like interest calculated to posting date but is subject to change depending on settlement date in your letter.
Hope this helps if you need the calculators just shout and ill post them up for you.