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    • Farooq v evri is the judgement you want in.   Do you have a copy of do you want me to upload it again here?
    • I have added the correct format for the court. Country Court ..... as it was on the letter today, other letter had the justice.... . That is on the unredacted copy sent to admins email.   Which Evri judgement, could you give me a steer? Wadhwa one?   It's not in dispute, bar that paragraph you picked up. I was looking at that one, and I do agree it's pointless. Thank you for your help.
    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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PPI on a Barclays Overdraft


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Hi All !

 

Quick question.....It's been years since my bank gave me an overdraft facility and I honestly don't recall having to fill out an application form for this.

 

It appears I have been paying a monthly overdraft protection policy insurance fee each month, which is a different amount each month, depending on how much I am overdrawn.

 

I don't recall signing anything for the overdraft facility or the protection - Is this something I would have had to sign an agreement for, to make it legally binding ?

 

If I would have had to sign an agreement for the overdraft PPI, and the bank can't find it, then I assume I would have very good grounds to claim it all back ?

 

Cheers

 

Citybloke

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Hi Citybloke,

I havnt come across PPI on Overdrafts before, But nothing surprises me these days. What Bank is this with ?,

 

I would write to them and ask for a copy of the Agreement that relates to the Overdraft and the PPI on the Overdraft.

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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I cant see any mention of this policy on their Website under Overdrafts, Considerring what was revealed about Barklays in the recent Whistleblower program It does not surprise me that they have added this on.

 

I would contact them and ask for a copy of the Agreement, To me it looks a bit suspicious to say the least.

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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If they stick to their Terms and Conditions it should be easy to cancel this and get a refund..

 

 

• What happens if I want to cancel this cover early?

If, after taking out and reading the policy, you do not want to continue with the insurance please return your Policy Document or write to the following address: Barclays Insurance Dublin, PO Box 586, Shannon, Co. Clare, Ireland. If you do this within 30 days of receiving your Policy Document, we will cancel your policy and give you your money back.

You may terminate your policy after 30 days by giving 30 days' notice in writing.

 

 

• How do I find out more or make a complaint if I am dissatisfied?

If you have any questions/complaints relating to your cover, please telephone us on 0500 500 700*. Alternatively write to us at the following address: The Customer Service Team, Barclays Insurance (Dublin) Limited, PO Box 586, Shannon, Co. Clare, Ireland.

If you cannot settle your complaint with us, you may refer it to the Financial Ombudsman Service, Customer Contact Division, South Quay Plaza, 183 Marsh Wall, London E14 9SR. Telephone: 0845 080 1800.

  • Haha 1

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Thank for the reply Ian.

 

I wrote to them about 2 weeks ago asking for a copy of the agreement as I don't recall taking this option and they have written to me saying they need a few more days to find the agreement....I don't think they will find it because I don't think I ever signed anything.

 

Next week should be interesting !

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You could be right, Next week could be Interesting, They will be looking in all the Cupboards , Filing Cabinets and probably in everyones desk Drawer to try and find your agreement..lol

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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3 weeks have passed since my unofficial request for Barclays to prove I signed up for overdraft PPI and still they cannot find it.

 

Do you think I should give them a cut off date, where I will then submit a claim for a full refund of all chrges taken plus contractural interest ?

 

If I prove they have taken this money without my signing any agreement for it, should I report them to any authorities ? as this must amount to a fraudulent act ??

 

Thanks

 

Citybloke

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Hi

Had an email reply from Barclays regarding whether I signed for PPI on my business account overdraft :-

 

"I have investigated the matter of the overdraft protection and understand

that the agreement to this insurance would have been verbal, that there was

no actual signed agreement.

 

I hope this answers your query."

 

So where do I stand ?....this is for my business account (i'm also in the same situation with my personal account)

 

I haven't replied to Barclays email as yet.....wanted to see what you guys thought.

 

There is no way I would have opted for this PPI, so surely they can't say I verbally agreed to it !

 

Thanks

 

Citybloke

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Hi All

 

Anyone got an opinion on the Barclays response to me in my post above ?

 

I'd like to reply to their email, but just wanted to see what people thought of their response.

 

Thanks

 

Citybloke

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Hi All

 

Anyone got an opinion on the Barclays response to me in my post above ?

 

I'd like to reply to their email, but just wanted to see what people thought of their response.

 

Thanks

 

Citybloke

 

Hello Citybloke,

 

Bet you feel like nobody is out there.:-?

 

I,ve been desperate for advice or information and nobody answered my post. :-| Made me feel sad so I kept on bumping and eventually someone answered.

 

Well I am no expert, but I truely would not believe a word they tell you:eek:

 

They will never admit to it, because if they did, they would have to give you your money back:shock:

 

If you pursue it as I would, they will probably give you a goodwill gesture, denying it again, but persist and get it all:D

 

I have been successful with one very large company, who denied and denied and denied and refunded the whole ppi plus interest and 8%interest on top. It came to £7,600 and they still denied it.

 

It looks like Barclays added it on, taken your money, now you have found out and they tell you that you said it was ok.

 

I don't think so.

 

I would go after them for the whole amount they have taken plus the interest.

 

Show them that you mean what you say

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi

 

Thanks for the reply!

 

I am going to go for the whole lot plus interest !.....how dare they just take it and then say "it would have been a verbal agreement"

 

Bunch of jokers !!

 

By taking the money without me agreeing to the PPI....is this an act of fraud by Barclays ?

 

Cheers

 

Citybloke

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mmm A Verbal Agreement My %$£& .. That has to be one of the best replies so far..lol. Glad to say a Verbal agreement would not hold up much if at all in any court.

 

It is unbelievable what these outfits will try to get you to go away and leave them alone..lol ..

 

Re the Fraud question, For the avoidance of doubt claims for mis-selling of PPI can not be founded on the Fraud Act 2006. This Act is concerned with criminal liability and is therefore only applicable in the criminal courts.

 

Go get em Citybloke ;):D

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Cheers reidnet

 

I will be asking them for proof of the conversation tomorrow !

 

So is it a criminal offence to do what they have done ?

 

Is there a template letter to send Barclays, once they tell me "we don't have details of the verbal agreement"

 

Bearing in mind this is on a business account, what authority could I make a complaint to about this ?

 

I never asked for the PPI....they have just taken the money each month!

 

I will also be claiming contractural interest also !!

 

Thanks to all for the advice on here.

 

Citybloke

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OK....here we go !

 

Asked Barclays by email to provide me with evidence of the conversation where they say I agreed to overdraft PPI.....their reply is below :-

 

"Mr xxxxxxxxx

 

Unfortunately, I cannot provide you with any information as to where/when

such a conversation took place, I can only provide you with my understanding

of the situation, as detailed in my previous mail.

 

Sorry that I cannot be of any further assistance on this point."

 

So they have just taken the PPI each month without my consent !

 

This is disgusting behaviour and is no less than theft !!

 

Any suggestions on a suitable reply ??....my blood is boiling now and not thinking straight....so will have to leave it for today before I reply, so I can calm down!!

 

Cheers

 

Citybloke

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How about RESPONDINg like this

 

Dear Mr Barclay,

Further to your response that you are unable to forward a signed agreement relating to overdraft protection insurance

you will understand my difficulty in recollecting whether such a conversation ever took place.

It is incumbant on the bank to provide me with this signed agreement to assert that I had indeed agreed to this policy.

My understanding of the situation is that no such verbal agreement ever took place, indeed I fail to understand how you were able to set up a policy with your insurers without the appropriate paperwork.

I now request that you refund all payments to the above policy within the next seven days.

I know that you will give this very serious error your immediate attention and as such look forward to hearing from you at your earliest convenience

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Cheers Bally35 !

 

I will wait until tomorrow until I reply.....want to have a clear head !!

 

I will update this thread when I have more news from Barclays.

 

It is incredible that they do this to people !!

 

It is theft and they need to be penalised for it !!!!!!

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Have answered you by PM Citybloke...

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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OK....here we go !

 

I am intending on sending Barclays this short letter before I get together all the charges and interest to them :-

 

"Dear Ms xxxxxxxx,

 

Further to your response that you are unable to forward a signed agreement relating to overdraft protection insurance or provide evidence of any verbal agreement.

 

My understanding of the situation is that no such verbal agreement ever took place, indeed I fail to understand how you were able to set up a policy with your insurers without the appropriate paperwork.

 

I will be forwarding you a detailed list of all the PPI payments you have taken from my business account and will be requesting that all these charges are refunded, plus contractural interest at Barclays unauthorised borrowing rate.

 

I am absolutely disgusted at Barclays taking this money without my consent and this amounts to no less than theft !

 

This is a very serious breach of trust by Barclays and I’m afraid I will also be informing the relevant authorities of this breach, who will no doubt take their own action against Barclays.

 

I will contact you again when I have collated all the PPI charges you have taken from me plus contractural interest.

 

Regards

 

Citybloke"

 

What do you guys think of the letter ??.......should I add or change anything ??

 

Cheers

 

Citybloke

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Looks Good to me Citybloke..

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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OK I have sent off the letter !

 

I am now getting all the charges together and will hit them with the full amount plus contractural interest.

 

It's so out of order and wrong !........they have literally stolen money from me........what financial authority should I make a complaint to about this ? and will the relevant authority take action against Barclays ?...it's for my business account remember.

 

Cheers

 

Citybloke

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