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Been asked to start a new thread....got SAR details(statements and odd letters plus account Application Form) No PPI details.Via statements have calculated exactly how much my claim is plus have advised BC of the reasons that I feel the PPI was mis-sold.BC have sent a 3 page Complaint PPI Questionaire form.Perhaps I am being awkward...I have made my claim given the reasons regarding mis-selling,is this BCs usual approach or just another delaying tactic.Should I write BC CLAIM MADE REASONS GIVEN,NO MORE FORMS PLEASE JUST DEAL WITH THE MATTER??????? any thoughts on this.......thanks Firstship
Been asked to start a new thread....got SAR details(statements and odd letters plus account Application Form) No PPI details.Via statements have calculated exactly how much my claim is plus have advised BC of the reasons that I feel the PPI was mis-sold.BC have sent a 3 page Complaint PPI Questionaire form.Perhaps I am being awkward...I have made my claim given the reasons regarding mis-selling,is this BCs usual approach or just another delaying tactic.Should I write BC CLAIM MADE REASONS GIVEN,NO MORE FORMS PLEASE JUST DEAL WITH THE MATTER??????? any thoughts on this.......thanks Firstship
Whoever you claim against can ask you to provide more details. However banks being banks they are using this as a delaying tactic. I have had a similar form sent out for completion the best advice I can suggest is refer them to the points already submitted in your complaint/request for repayment of mis-sold PPI.
The banks are allowed to do this and they will be aware that it gets up the noses of those claiming mis-sold PPI who are likely to say get stuffed and so another delay. I would try and supply the information but be careful what you supply in your response. Make them do some work also by giving simple answers to their questionnaire. They will be looking for detail in the hope they can retaliate to fight off your claim.
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.
Have filled in the PPI questionaire with careful answers but before posting this I have sent a letter to BC stating they have NOT sent copies of the PPI they hold on file as well as not sending a copy of the original signed agreement in response to my SAR and further that the 40 day time limit is well passed its sell by date and I need in writing their confirmation should they be unable to supply outstanding Data (this I am sure will get ignored)........should they find the PPI documents then I will dispatch the questionaire..AM I ON THE RIGHT TRACK??????,,thanks Firstship
in response to my letter and the return of their questionaire BC have sent on the 26th october 2009 a thankyou letter and "we aim to issue a final response as quickly as possible" this being delay tactic (1) on the 12th November delay tactic (2) letter from BC "I am not in a position to issue a full reponse but will be able to by 26th November" that date rings a bell....Supreme Court....and apparantly at this stage I have the option to ask the fos to review the complaint which I thought was very nice of them.BC seem to be masters at delay tactics,I guess it is just wait and see................or is there another option??????????? Firstship
Still no response from BC ref PPI and no response regarding my SAR requesting a copy of the original agreement signed and a copy of the PPI signed BC have had over 3 months to reply and despite a number of letters from me they will not put in writing that they do not have a copy of the signed agreement or PPI details,I feel I am in a position to send a letter along the lines of "you have had numerous opportunities to supply the documents requested and as you will not confirm in writing that they do not exist as of the (date of the letter) I do not acknowledge any debt and should you in the future find copies of the documents as you have failed to respond to my CCA and SAR and ignored my letters seeking confirmation of the existance of these documents I regard this as Legal Confirmation of your inhability to supply the same and will not recognise any such documents as having any legal standing in a court of law...what do you think.no chance or can I perhaps get away with this,,,,,,,,,,,,,,,,,than ks Firstship
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42Man.........thanks very much ICO and fos will contact both as BC seem to get away with far to much,Court Action dependant on response from ICO and FOS,,,,,,,,,,,,again thankyou...............Fi rstship
have today received a PPI offer from Barclaycard which I find acceptable,however they want to deduct it from my BC credit card which I do not find acceptable.I have advised them all along that this was my money paid to them for a mis-sold PPI and they should not pay the refund into any BC account,I should decide what the refund should be used for..........AM I RIGHT OR WRONG...HOW SHOULD I APPROACH BC ON THIS......Thankyou.Firsts hip
have today received a PPI offer from Barclaycard which I find acceptable,however they want to deduct it from my BC credit card which I do not find acceptable.I have advised them all along that this was my money paid to them for a mis-sold PPI and they should not pay the refund into any BC account,I should decide what the refund should be used for..........AM I RIGHT OR WRONG...HOW SHOULD I APPROACH BC ON THIS......Thankyou.Firsts hip
Barclays can actually offset the refund of PPI against any outstanding debts on other loans, cards etc. Not very nice but the refund does reduce any debts. It is not money in the pocket but it is money reduced from coming out of the pocket on outstanding arrears.
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.
AA...........thanks for your reply,take your point,I was having a re-think on the acceptance of refund letter that I have to sign,write/type in I am happy for you to refund Value of Compound interest,also Interest on credit balance of 8% per year,calculated on a monthly basis.and Interest at equivalent of 8% per year for the period from PPI policy closure to date.(this is 1/3rd approx of the total value) to the BC credit card account,however the value of the PPI premiums I require paid direct to me by cheque as this was monies paid to you for mis-sold insurance that should not have been paid by me........DO YOU THINK THIS WILL HAVE A CHANCE OF HOLDING UP????????????THANKS Firstship
Have filled in the PPI questionaire with careful answers but before posting this I have sent a letter to BC stating they have NOT sent copies of the PPI they hold on file as well as not sending a copy of the original signed agreement in response to my SAR and further that the 40 day time limit is well passed its sell by date and I need in writing their confirmation should they be unable to supply outstanding Data (this I am sure will get ignored)........should they find the PPI documents then I will dispatch the questionaire..AM I ON THE RIGHT TRACK??????,,thanks Firstship
Yes you are on the right track but remember to keep up the pressure. If they fail to respond with the requirements of the Subject access request and these are some of the thing you should 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 conditions that were applicable at the time you took the loan/card/mortgage.
A ‘demands and needs’ questionnaire.
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 calls or transcripts of the recordings.
Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.
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.
and anything else you consider to be data relevant to you as a data subject.
Do not give in whatever they throw at you. A kit of folks give in due to what the banks write back to them but you must keep up the fight and let the fos or the Courts make the decisions,. Do not let the banks make them 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.
AA..thanks for your reply as I have had an acceptable offer of repayment of PPI from BC but am annoyed that they want to offset it against a BC debt I wanted to get this settled before proceeding with their failure to provide a copy of a signed agreement 1974 CCA and SAR failure to provide the required document of signed agreement (total of 10 months failure) If I STATE AS YOU CANNOT PROVIDE A COPY OF THE SIGNED AGREEMENT THE PPI AMOUNT SHOULD BE PAID TO ME IN FULL BY CHEQUE AND NOT OFFSET AGAINST AN ACCOUNT THAT DOES NOT EXIST,,,,,,,,,,,,,,,,,,,O R DO YOU FEEL I SHOULD TRY)see my post 2683620.................t hat BC take the interest element and offset it and pay the PREMIUMS amount back to me as this was a mis-sold PPI and cannot be considered as BC money.....sorry a bit complicated....interested in your thoughts..........thanks Firstship
Need to Bump on this one have only 2 days left to respond acceptance of PPI offer.........thanks FS
I cannot and would not make a decision for you on acceptance.
There has however been a recent ruling in Court that The banks do not have to provide a true copy of the Consumer Credit Agreement. But (and this bit stinks) they can cobble together an agreement that would have been the same as yours.
If you're happy with the offer and the fact it would reduce any debt then really the choice is yours or you can refuse and go via the Financial Ombudsman Service route. This will take months but the fos is upholding 90% of consumers claims.
I believe if you have outstanding debts with BC they can use any refund of PPI to offset.
This has happened to my OH I got a cash refund but my OH had the PPI refund offset against outstanding debt this was with Liverpool Victoria but I believe it is standard for all.
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.
AA......thankyou for your reply,I am happy with BC offer of PPI refund,I will accept it.This will wipe out 60% of the debt outstanding which is probably the best way forward.I really appreciate all the help you have given.Will try and pursue the no agreement situation after the account has been credited with the refund....thanks again...............FS
You are welcome monies refunded reducing a debt is at least a better option then continual worries.
If you are happy with the refund then that is what counts
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.
Hi...pleased with the PPI refund has reduced the debt by a considerable amount,we are now going round in circles WE ARE BARCLAYCARD AND WE ARE ABOVE THE LAW,they have been in Default for over 1 year and the SAR is far from being complete over 7 months old, in both cases they will not produce a signed copy of the original agreement,and rather like my Halifax thread I have given them 3 chances to confirm that they they cannot produce a copy of the original agreement in writing as they are required to do in law,and just like Halifax they will not put it in writing.I have written to them BC,I accept in Law that your reluctance to write to me makes the account void and you have lost your legal right to pursue me at a future date........am I dreaming or writing my own laws............comments please........FS
hi.........BC have responded ,confirming all documents in their possession have been sent to me in response to my SAR,and I am to regard this as their Final Response,and they further confirm they have complied with my CCA 1974 request.IN BOTH CASES they have not sent a copy of the original signed agreement or a copy of the mis-sold PPA. As they have put in writing that they have sent all documents in their possession,is it OK to write to them thanking them for the confirmation in writing that they are unable to supply those 2 documents, requested by me,I consider the account unenforceable and now closed and that is my Final Response.....is this OK or am I pushing it to far..............thanks FS
barclaycard PPI v Firstship
....got SAR
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Originally Posted by firstship
