Jump to content


  • Tweets

  • Posts

    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Help - Goldfish credit card PPI - Who to write to?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4405 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

I had a Goldfish credit card up to approx 2007 and I want to reclaim PPI as I was self-employed.

 

It seems Goldfish as it was doesn't exist anymore and was sold to Barclaycard I think.

 

Do I submit my claim to Barclaycard for Goldfish related claims?

 

Thanks

 

Citybloke

Link to post
Share on other sites

Hi city

 

 

Your claim would be with Discovery Financial Sevices, which was spun off by Morgan Stanley

 

Discover Financial Services

 

This explains the history of Goldfish,

 

Barclays buys troubled Goldfish as US firm says the UK is too tough | Business | The Guardian

 

I suppose you could contact Barclaycard and see what they say, they bought Goldfish in 2008.

Edited by rebel11
Link to post
Share on other sites

your complaint should be addressed to the company who miss sold the product, not the current owner of Goldfish. I suggest you send a SAR to the current owners of Goldfish who I believe is Barclays, this should provide you with a copy of your original credit agreement, which should show the date your account was opened.

 

You will then be able to work out who owned Goldfish when you opened the account, and therefore who to complain to :D

 

sorry if this sounds like you are going around the houses, but if you determine now exactley who to complain to it will save you time in the long run. Otherwise they will just give you the run around.

 

i won against Goldfish 3 years ago, so it can be done :)

 

good luck!

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

Link to post
Share on other sites

Cheers for the advice all.

 

I have all my Goldfish statements, so I know exactly what was taken in PPI and the interest rate on the credit card.

 

I will write to Barclays staking my claim and ask them who I should contact if they say it's not their responsibility.

 

Citybloke

Link to post
Share on other sites

  • 1 year later...

Had my Goldfish credit card PPI mis-selling complaint upheld by Barclaycard last December and returned signed acceptance form 1st week of December 2011 but still no money!

 

I've phoned Barclaycard a few times now and they say the exact same thing every time, which is they cannot give me any idea on timescales and they have a big backlog.

 

I called the FOS and they said I could make a complaint about this to the FOS, but the FOS would have to give Barclaycard 8 weeks to deal with my complaint.

 

It seems Barclaycard can just take as long as they want!

 

Anyone else had recent issues getting refunds from Barclaycard?

 

Thanks - Citybloke

Edited by citybloke
Link to post
Share on other sites

Hi ims...was thinking of the LBA route, but I would then have to follow through with the court action if they didn't pay up by the LBA date or would look weak if i didn't go through with my 'threat' of court action.

 

Do you happen to know how long a case takes to be heard once it has been submitted to the county court? It's not like they can dispute the money is owed lol as they have made the offer and i think 2 months is more than ample time to process the refund.

 

Cheers

 

Citybloke

 

Hi

 

Lloyds are playing the same game sadly.

 

Maybe an lba would jolt them into coughing up.

 

ims

Link to post
Share on other sites

Hi ims...was thinking of the LBA route, but I would then have to follow through with the court action if they didn't pay up by the LBA date or would look weak if i didn't go through with my 'threat' of court action.

 

Do you happen to know how long a case takes to be heard once it has been submitted to the county court? It's not like they can dispute the money is owed lol as they have made the offer and i think 2 months is more than ample time to process the refund.

 

Cheers

 

Citybloke

 

Hi

 

I think it would depend on how busy your court is.

 

You may find that they pay up before getting to court....when you think about it, how could they defend? They have made an offer which, I assume, you have formally accepted, and they haven't paid.

 

Otherwise there's no telling how long you'll wait. The only good thing is that the 8% interest is mounting up

 

ims

 

Link to post
Share on other sites

Hi

 

I think it would depend on how busy your court is.

 

You may find that they pay up before getting to court....when you think about it, how could they defend? They have made an offer which, I assume, you have formally accepted, and they haven't paid.

 

Otherwise there's no telling how long you'll wait. The only good thing is that the 8% interest is mounting up

 

ims

 

Still no payment from Barclaycard and they still insist that they cannot give any date or approximate timescale for making my refund when I phoned them again. So as it's now been 2 months since they received my acceptance form, I think it's time to send a LBA. It's not a path i really wanted to or expected to have to go down, but i can't wait indefinitely with their arrogance of not giving me any indication of when i'm likely to receive my refund...not even a rough indication.

 

Citybloke

Link to post
Share on other sites

  • 2 weeks later...

I was pondering what to do about this non payment of refund from Barclaycard and found the email address for their CEO, so dropped him a polite but firm email stating how long I had been waiting since I returned the offer acceptance letter and that I would have little option other than to go to the county court process as Barclaycard have stated they are not willing/unable to give me any indication of when i would receive the refund.

 

2 days later.....money paid direct to my bank account!! a coincedence i wonder or did they get told by the CEOs office to sort it!

Link to post
Share on other sites

Hi Citybloke

 

I am in a similar position to you, had a Morgan Stanley C.Card, which then went to Goldfish and then onto Barclaycard in 2007.

 

Just about to start my claim to re-coup my PPI payments; being told by Barclaycard nothing to do with them, I need to contact AXA Insurers directly.

 

I know my claim is with Barclays, not AXA, wondering if you had any of this nonsense from Barclaycad.

 

Heartening to hear of your success, well done.

 

Bubbsie

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...