Patricia Pearl - Small Claims Procedure - A Practical Guide


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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.

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  1. #1
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    Default PPI: Totally confused by Barclay's actions (please help)

    Hello - could anyone please help me make sense of a recent letter I've received from Barclaysicon? It's quite a complicated situation.

    In April 2005 I took out a graduate loan from Barclays, for £10k @7.9%.

    They added PPIicon upfront to this, which I was unaware of until January 2006.

    When I found this out, I went to the branch and asked for this to be removed, since I did not need it (I was also mis-sold it, as I was unemployed when the loan was taken out).

    The bank said they would be happy to remove it, which they did in March 2009. They apologised for the delay (it took 2 months) and so refunded me the PPI I had paid between January - March 2006, but the way the loan worked it meant that they had to take a new loan out to repay the old one (so, the new loan didn't have PPI, whereas the old one did).

    The new loan was on the same terms and conditionsicon as the first one.

    Recently, I decided to apply to Barclays to reclaim all the PPI I had paid, since I'd paid 7 months towards the loan that PPI hadn't been refunded for, but I was clearly missold the insurance.

    It was during the process of reclaiming the PPI that I made some discoveries, which I would like some help with if possible.

    Primarily, it is my understanding - please correct me if I'm wrong - that if you ask a bank to remove PPI from your loan, the bank is under a legal obligation to ensure that after you have had the PPI removed you are not in a worse situation than before. Or, in other words, they can't change the terms, interesticon or anything else.

    Now, at the time, I didn't pay much attention to what had happened with my loan. I was told that my PPI had been removed, and that the bank had taken a new loan out to replace the old one. But recently, I've tried to work out what had happened to the payments I had made on the old loan - and to find out where these had gone.

    I'm fairly savvy when it comes to loans, so I know how upfront interest works, rule of 78 etc...and how in most simple interest loans early repayments go more towards the interest than the principal. But, surely I am in a worse situation just because I asked for the PPI to be removed: or, in other words:

    I made 7 payments of £242 towards the original loan.

    I then asked for PPI to be removed, so the bank took out a new loan for £10k.

    However, I had paid £1,694 on the old loan, which wasn't 'carried over' to the new loan, so I am in a materially worse position because of asking for the PPI to be removed, which I understand the banks are prohibited from doing?

    I wrote to Barclays and their response was really unclear and confusing: can you make sense of it? They said:

    "Following my investigation your complaint has been partly upheld. Your original Graduate Loan was for £10,000 and the Payment Protection was £1,786.69. There were seven payments made of £242.10...

    ...when your loan account was settled [in 2006, when they removed the PPI], the new loan was opened for £10,000. A refund of £1,196.06 was made for the insurance involved with your original loan to your current account on 2 May 2006. The loan amount was not reduced as the payments were not refunded by the branch [my bold, for emphasis]".

    Now, I had no refund at all to my current account. I think they are just using confusing language: I think what they *mean* is that the PPI was removed from the loan. I certainly wouldn't have received a refund because I had never paid this amount: it was 'added' to the loan - it never came from my account. Does that make sense? There was nothing to 'refund', as nothing was paid other than the initial 7 payments.

    What I don't understand is: what do they mean my 'complaint was partly upheld'? Which bit? Why does the rest of the letter fail to say the bank are going to do anything?

    Also, why were the loan payments not refunded by the branch? And should they have been?

    I am totally confused by Barclays here - and I thought I'd post on these forums so if anyone can answer over the weekend I can then speak to Barclays on Monday.

    As far as I can see, I've paid £1,694 into thin air. I know some people get confused because the first repayments on a loan always go towards the interest more than the principal, but they don't seem to have been included at all in the new loan, so I have paid this money for absolutely nothing.

    Can anyone help?


  2. #2
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    Default Re: PPI: Totally confused by Barclay's actions (please help)

    So, to summarise:

    Where has the £1,694 I have paid towards my loan from April 2005 to January 2006 gone?


  3. #3
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    Default Re: PPI: Totally confused by Barclay's actions (please help)

    Site Team Please move thread to PPIicon Forum.

    Thanks

    PF


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    Default Re: PPI: Totally confused by Barclay's actions (please help)

    Sorry - I didn't know where to place this thread and couldn't find the PPIicon forum.


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    Default Re: PPI: Totally confused by Barclay's actions (please help)

    Thread moved

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

    If you can, please donate to this site.
    Help keep it up and active, helping people like you.


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  6. #6
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    Default Re: PPI: Totally confused by Barclay's actions (please help)

    Can anyone help?


  7. #7
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    Default Re: PPI: Totally confused by Barclay's actions (please help)

    The way I see it the new loan should be exactly the same by way of interesticon rates and terms and conditionsicon.

    Also the new loan should not be for £10,000 but the amount outstanding i.e. £10,000 less the Loan Payments you have already made.

    Any PPIicon Payments you have made should be returned to you with interest.

    I would write back and explain this and if they still cannot sort it refer the matter to the fosicon

    Keep everything in writing so you have a paper trail as the FOS will need copies of all correspondence.

    Regards

    PF


  8. #8
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    Default Re: PPI: Totally confused by Barclay's actions (please help)

    Hi PF - thanks for this. This is exactly what I think too - but Barclaysicon' letter didn't really make much sense.

    I did request a full repayment of PPIicon, but the letter side-stepped this so I'm going to write back and demand it.

    There are really two issues here: one is that I should have the PPI refunded, but also the new loan should have been for a lower amount.


  9. #9
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    Default Re: PPI: Totally confused by Barclay's actions (please help)

    Put in the letter that they have 14 days to rectify the two issues and if they cant rectify you want a deadlock letter so you can take the complaint to the fosicon.

    PF


  10. #10
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    Default Re: PPI: Totally confused by Barclay's actions (please help)

    Thanks for your reply.

    In their letter, they said that this would be their final response - so I'm assuming I can now take this straight to the fosicon?


  11. #11
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    Default Re: PPI: Totally confused by Barclay's actions (please help)

    Oh right indeed you can so yes save time and skip dealing with BB and go straight to the fosicon

    our complaints procedure and how to complain

    Fill in the complaint form enclose copies of all Letters from you and them and send off with a covering letter.

    As the letter will have important data inside I would use recorded delivery at least.

    Regards

    PF


  12. #12
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    Default Re: PPI: Totally confused by Barclay's actions (please help)

    Thanks for your help - I was completely confused by it all. When Barclaysicon said they have partly upheld my complaint it would have been helpful if they'd said what they meant by upheld. If a complaint is upheld, you would have thought that something happens as a result.


  13. #13
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    Default Re: PPI: Totally confused by Barclay's actions (please help)

    ...when your loan account was settled [in 2006, when they removed the PPIicon], the new loan was opened for £10,000. A refund of £1,196.06 was made for the insurance involved with your original loan to your current account on 2 May 2006. The loan amount was not reduced as the payments were not refunded by the branch [my bold, for emphasis]".

    Now, I had no refund at all to my current account. I think they are just using confusing language: I think what they *mean* is that the PPI was removed from the loan. I certainly wouldn't have received a refund because I had never paid this amount: it was 'added' to the loan - it never came from my account. Does that make sense? There was nothing to 'refund', as nothing was paid other than the initial 7 payments.
    I am also in a fight with the same bunch no refunds on PPi when loans were closed on refinancing. Case ongoing but have all the paperwork ready for the fosicon.

    Please keep on top of them and be wary if they send you a questionnaire to complete. The questions are worded to try and catch you out to help them in their defence when you go to the FOS.

    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.

  14. #14
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    Default Re: PPI: Totally confused by Barclay's actions (please help)

    I'm confused by what they mean when they say I received a refund to my current account. I didn't - and in practice how could I?

    If I take out a loan for £10k then they give me £10k, but if they apply PPIicon it means I owe an extra £1700 on top - it doesn't mean I have £11700 in my account. Why would they 'refund me' the £1700 to my current account if I haven't paid it yet? I've only made 7 months worth of payments, so yes, I'm owed some PPI back, but not the full amount.

    They've attached ledgers to their response, showing the Breakdownicon of payments:

    20 May 05: Account opened. Opening balance = 10,000dr
    20 May 05: PPP (£1,786) added. Balance = 11,786dr

    From May - Sept there was a payment holidayicon

    20 Jun 05: interesticon added. Balance 11,864.52 dr
    26 Sept 05: Interest added. Balance 12,112.21 dr

    In September, payments (£242.10) started taking effect:

    30 Sept 05: Balance 11,870.11 dr
    31 Oct 05: Balance 11,628.01 dr
    30 Nov 05: Balance 11,385.91 dr
    19 Dec 05: Interest added. Balance 11,595.00 dr
    30 Dec 05: Balance 11,352.90 dr
    30 Jan 06: Balance 11,110.80 dr
    1 Mar 06: Balance 10,868.70 dr
    20 Mar 06: Interest added. Balance 11,085.83 dr
    30 Mar 06: Balance 10,843.73 dr

    It's at this point I went into the branch to remove the PPI. Here's what happened to the loan (according to the ledger):

    28 Apr 06: Credit of 10,000 made to the loan. Balance = 843.73 dr
    2 May 06: Credit of 935.05 made to the loan. Balance = 91.32

    This 91.32 was the interest from March to May, so was removed from the account (as shouldn't have been applied, it seems), so:

    3 May 06: Balance = zero and account closed

    I don't have the ledger from the new account, but I can see from the letter (and my own records) that when it starts in May, the opening balance was 10,000.

    So, I'm back to square one.


  15. #15
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    Default Re: PPI: Totally confused by Barclay's actions (please help)

    Quote Originally Posted by bunglejemson View Post
    I'm confused by what they mean when they say I received a refund to my current account. I didn't - and in practice how could I?

    If I take out a loan for £10k then they give me £10k, but if they apply PPIicon it means I owe an extra £1700 on top - it doesn't mean I have £11700 in my account. Why would they 'refund me' the £1700 to my current account if I haven't paid it yet? I've only made 7 months worth of payments, so yes, I'm owed some PPI back, but not the full amount.

    They've attached ledgers to their response, showing the Breakdownicon of payments:

    20 May 05: Account opened. Opening balance = 10,000dr
    20 May 05: PPP (£1,786) added. Balance = 11,786dr

    From May - Sept there was a payment holidayicon

    20 Jun 05: interesticon added. Balance 11,864.52 dr
    26 Sept 05: Interest added. Balance 12,112.21 dr

    In September, payments (£242.10) started taking effect:

    30 Sept 05: Balance 11,870.11 dr
    31 Oct 05: Balance 11,628.01 dr
    30 Nov 05: Balance 11,385.91 dr
    19 Dec 05: Interest added. Balance 11,595.00 dr
    30 Dec 05: Balance 11,352.90 dr
    30 Jan 06: Balance 11,110.80 dr
    1 Mar 06: Balance 10,868.70 dr
    20 Mar 06: Interest added. Balance 11,085.83 dr
    30 Mar 06: Balance 10,843.73 dr

    It's at this point I went into the branch to remove the PPI. Here's what happened to the loan (according to the ledger):

    28 Apr 06: Credit of 10,000 made to the loan. Balance = 843.73 dr
    2 May 06: Credit of 935.05 made to the loan. Balance = 91.32

    This 91.32 was the interest from March to May, so was removed from the account (as shouldn't have been applied, it seems), so:

    3 May 06: Balance = zero and account closed

    I don't have the ledger from the new account, but I can see from the letter (and my own records) that when it starts in May, the opening balance was 10,000.

    So, I'm back to square one.
    Follow Pompeyfaiths advice and submit a complaint with all of the documentation you have. If anything is missing send a Subject access requesticon there are several links in the stickies at the top of the forums that you shoud read to gain information. Then claim your data then ask for your money back. You will have to do a bit of self help on the homework and if you have any questions just post them up in your thread

    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.

  16. #16
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    Default Re: PPI: Totally confused by Barclay's actions (please help)

    Thanks for all your advice - I tried calling Barclaysicon today to ask them to explain their letter but the woman who sent it is on holidayicon this week and no-one else seems to understand what anything means!

    Is there a maths whizz out there who could help work out the total amount I'm down by because of this?



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