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shamus59

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About shamus59

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  1. Just ask them for all the statements that they have prior to 2007 (if they still have them). The company that I work for kept statements going back to 2009, but this year they now only go back to 2010 as legaly they only have to keep them for 6 years, but in saying that, every company is diffirnt and Barclays may go back as far as when the agreement started, but it could be that they only hold records from 2007. Sorry I couldn't be more helpful James
  2. The OP hasn't said that he doesn't have access to the account, he just said that he advised the Insolvency Office that the account existed. I think it's a case of, he doesn't want to touch the account in case they wrap his knuckles and he just wants to know what he can actually do about it. My information could be totally wrong, but as I have said, no one has ever told us that what we are doing is wrong and (so far) we have never had any come back regarding this. James
  3. Did they get you to sign an agreement for stating that you have accepted their offer in full and final settlement of any claims that you may have againsy them? If not, then there is no reason that you cannot raise a claim against them. You do not need to send them any statements or other information. All you have to do is request that they check your accounts to see if you have been miss sold any insurance or charged any fees that shouldn't have been charged for. James
  4. Here are the details taken from the T&C's that are on their website; REPAYMENT OPTION PLAN General 20.1 You may opt-in to the Repayment Option Plan (the 'Plan'). If you do so you will need to pay a Plan Charge which will be calculated and payable in accordance with paragraphs 20.7 - 20.9 below. 20.2 If you opt-in to the Plan you will be entitled, subject to the terms and conditions set out below, to receive all the features of the Plan whether you are in full-time, part-time or temporary employment, are self-employed, or are unemployed or retired. However, the situations in which your Account may be frozen (as described in paragraphs 20.12 - 20.17 below) will depend on your employment status. 20.3 The Plan is not a regulated insurance product and will not pay off any capital or interest on your Account. 20.4 We do not provide advice or a recommendation on whether the Plan is suitable for your purposes. Opting-in to the Plan 20.5 You may opt-in to the Plan at any time by telling us by telephone or in writing that you wish do so. To do this you may call 0330 099 3010 or write to Customer Service, P.O Box 399 CHATHAM, ME4 4WQ or use any other contact details we give you. If you inform us that you do wish to opt-in to the Plan we will provide you with all of the features of the Plan from the date of the receipt by us of your request whether it is by telephone or in writing. Cost of the Plan 20.6 The cost of the Plan depends on your personal circumstances. 20.7 If you are in full-time, part-time or temporary employment or are self-employed, the cost of the Plan will be charged at the rate of £1.29 per £100 (1.29% per month) of your monthly outstanding balance as shown on your statement ('the Full Plan Charge'). This is known as the Full Plan. 20.8 If you are not employed (as described in paragraph 20.7) or you are retired, the cost of the Plan will be charged at the rate of £1.19 per £100 (1.19% per month) of your monthly outstanding balance as shown on your statement ('the Standard Plan Charge'). This is known as the Standard Plan. 20.9 We will charge the Full or Standard Plan Charge directly to your Account each month as a Purchase Transaction. The Full or Standard Plan Charge will accrue interest in the same way as other Purchase Transactions. Features of the Plan 20.10 If you opt-in to the Plan, in return for the Full or Standard Plan Charge but subject to the terms and conditions set out below, we agree: 20.10.1. in the event of a Difficult Financial Circumstance (as defined below) to 'Freeze' your Account (as described in paragraph 20.13) subject to the terms set out in paragraphs 20.12 and 20.14 - 20.17 below; 20.10.2. to allow you to take a 'Payment Holiday' (as described in paragraph 20.18) subject to the terms set out in paragraphs 20.19 - 20.21 below; 20.10.3. to provide you with a 'Lifeline' (as described in paragraphs 20.23) subject to the terms set out in paragraphs 20.22 and 20.24 - 20.25 below; 20.10.4. (subject to your having a mobile telephone capable of receiving such messages and your providing us with its number) to provide you with the 'SMS Text Service' (as described in paragraphs 20.27 - 20.28) subject to the terms set out in paragraphs 20.26 and 20.29 below. 20.11 If you wish to Freeze your Account or take a Payment Holiday you must call the Plan helpline on 0330 099 3010. The Plan helpline is available between 8am and 8pm Monday to Friday and 9am to 5.30pm on Saturday. Freezing your Account 20.12 We agree that if you experience a Difficult Financial Circumstance (as defined below) and you request us to Freeze your Account by telephoning us in accordance with paragraph 20.11, we will, subject to the terms and conditions set out herein, Freeze your Account for as long as the Difficult Financial Circumstance continues to apply, up to a maximum period of 24 months per event (or series of connected events). 20.13 If we Freeze your Account in accordance with the terms of the Plan that means that: 20.13.1 you will not be able to use your Card or Account; 20.13.2 we will not charge you interest on any outstanding balance under your Account 20.13.3 you will not be obliged to make any Repayments 20.13.4 you will not be liable to pay any Fees or Charges. 20.14 After the Difficult Financial Circumstance ceases to apply or after 24 months (whichever is sooner), you will be able to use your Card or Account but interest will accrue again and you will be obliged to continue your Repayments and pay any applicable Fees and Charges that accrue on the Account. 20.15 If you request us to Freeze your Account you must provide us with reasonable evidence of the occurrence of the Difficult Financial Circumstance when you contact us to Freeze the Account and you must continue to supply us, on request by us, with reasonable evidence of the continuation of the Difficult Financial Circumstance at any time while your Account is Frozen. If you do not do so, we may terminate the Freezing of your Account. 20.16 You agree that if you wish us to Freeze your Account as a result of any Difficult Financial Circumstance and you have notified us within 90 days of its first occurrence and provided us with reasonable evidence as required under paragraph 20.15, any Freezing of your Account will be backdated to the date of the first occurrence of that Difficult Financial Circumstance. Where first notification of such Difficult Financial Circumstance is made more than 90 days after its first occurrence and you have provided us with reasonable evidence as required under paragraph 20.15, any Freezing of your Account will be backdated to the date of notification of that Difficult Financial Circumstance. Difficult Financial Circumstance 20.17 In relation to both the Standard Plan and the Full Plan 'Difficult Financial Circumstance' means the occurrence of one of the events listed below or the occurrence of more than one of the events listed below in a series of connected events: 20.17.1 you become sick, disabled or have an accident which affects your ability to make your repayments; or 20.17.2 you have to stay in hospital because of a medical condition; or 20.17.3 you have to attend jury service; or 20.17.4 your main home is significantly damaged by a natural disaster e.g., flooding; or 20.17.5 your partner (who you have lived with for more than 6 months) or an immediate family member (sibling, parent, spouse or child) dies; and in relation to the Full Plan 'Difficult Financial Circumstance' means also: 20.17.6 you become unemployed involuntarily (other than as a result of your own misconduct or by reason of your retirement) or by reason of redundancy including non-compulsory redundancy; or 20.17.7 you are put on short-time working or laid-off reducing your usual weekly hours of work by 25% or more; or 20.17.8 you are self-employed and have suffered a reduction in weekly income by 25% or more through loss or non-renewal of contracts or work; 20.17.9 you take leave from work to care for a partner (who you have lived with for more than 6 months) or a member of your immediate family (sibling, parent, spouse or child) and suffer loss of income; or 20.17.10 you go on maternity, paternity or adoption leave. Payment Holiday 20.18 A Payment Holiday means that you will not be obliged to make your next Minimum Repayment on the Repayment Due Date. 20.19 We agree that we will allow you to take a Payment Holiday under the terms of the Plan if:- 20.19.1 your Account has been open for at least 6 months; and 20.19.2 you have not taken a Payment Holiday on your Account which allowed you to miss making either of the last two Minimum Repayments on your Account; and 20.19.3 a Lifeline has not been used in respect of either of the last two Minimum Repayments on your Account; and 20.19.4 you have not already taken a Payment Holiday at any time in the current Customer Account Year; and 20.19.5 your Account is not and has not at any time within the last 2 months been subject to a payment arrangement agreed with us under which you have made repayments lower than those which would have been due under the terms and conditions of your Account; and 20.19.6 your Account is not frozen under the Plan in accordance with paragraphs 20.12 - 20.17; and 20.19.7 you are not in breach of the terms and conditions of your Account. 20.20 If you wish to take a Payment Holiday and are eligible under paragraph 20.19, you must contact us to request it before midday on the day of your Repayment Due Date or, if that day falls on a non-working day, you must contact us to request it before midday on the last working day before that non-working day. If you do so and you are eligible for a Payment Holiday we will allow you to miss making the Minimum Repayment on the Repayment Due Date. 20.21 Interest will continue to accrue on your Account and will not be suspended during any Payment Holiday. Lifeline 20.22 We agree that if you do not make your Minimum Repayment on your Account by the Repayment Due Date we will provide a Lifeline on your Account if:- 20.22.1 your Account has been open for at least 6 months; and 20.22.2 you have not taken a Payment Holiday on your Account which allowed you to miss making either of the last two Minimum Repayments on your Account; and 20.22.3 your Account is not and has not at any time within the last 2 months been subject to a payment arrangement agreed with us under which you have made repayments lower than those which would have been due under the terms and conditions of your Account; and 20.22.4 you have not already had a Lifeline provided on your Account at any time in the current Customer Account Year; and 20.22.5 a Lifeline has not been provided in respect of either of the last two Minimum Repayments on your Account; and 20.22.6 your Account is not frozen under the Plan in accordance with paragraphs 20.12 - 20.17; and 20.22.7 you are not in breach of the terms and conditions of your Account. 20.23 If you are eligible for a Lifeline on your Account, that means that we will: 20.23.1 notify you that we have provided you with a Lifeline on your Account; 20.23.2 suspend your Account so that you will not be able to use your Card or Account until we have received the Minimum Repayment which you have not paid; 20.23.3 suspend your obligation to make your Minimum Repayment (to which the Lifeline relates) on the Repayment Due Date in accordance with the terms of paragraph 20.24 below; 20.23.4 waive or refund any Late Payment Charge or Over Limit Charge that you would have had to pay, as a result of your failure to make any Minimum Repayment, if the Lifeline had not been provided to you; and 20.23.5 subject to you meeting your obligations under paragraph 20.24, report your Account as 'current' when we next report the performance of your Account to credit reference agencies. 20.24 Following the provision of a Lifeline, you must pay the Minimum Repayment you have missed and to which the Lifeline applies before the next Repayment Due Date for making a Minimum Repayment on your Account. If you do this the suspension of your Account under paragraph 20.23.2 will cease as from the next working day following the date the payment reaches your account. If you fail to do this and you also fail to make the next Minimum Repayment on your Account by the Repayment Due Date applicable to that Minimum Repayment, the suspension of your Account will continue and we will report to credit reference agencies that you have missed those two payments. 20.25 While your Account is suspended following the provision of a Lifeline: 20.25.1 interest will continue to accrue on your Account; 20.25.2 you will continue to be liable for all Charges and Fees apart from those which have been specifically waived or refunded under paragraph 20.23.4. SMS Text Service 20.26 The SMS Text Service is available to you provided that you are not in breach of the terms and conditions of your Account and you let us have a mobile telephone number to which we can send text messages and also let us know of any changes to that number. 20.27 Under the SMS Text Service we agree that we will send you a text message each month which will contain your Account balance, your available credit, the amount of your Minimum Repayment on your Account and the Repayment Due Date for such payment. 20.28 Further, under the SMS Text Service we will send you a text message:- 20.28.1 to let you know your Account balance is close to your credit limit where your credit limit is up to £1,000 and your Account balance is between 90% and 100% of your credit limit; 20.28.2 to let you know your Account balance is close to your credit limit where your credit limit is over £1,000 and your Account balance is between 95% and 100% of your credit limit; or 20.28.3 to let you know where you have exceeded your credit limit. The text messages to be sent under paragraphs 20.28.1 or 20.28.2 will usually be sent to you 5 days before your next Repayment Due Date. 20.29 The SMS Text Service terms and conditions will apply to this facility. Opting-out of the Plan/Changing the Plan 20.30 You must notify us by calling 0330 099 3010 if your financial circumstances change after opting-in to the Plan (e.g. you become retired) and you need to be moved from the Full Plan to the Standard Plan or from the Standard Plan to the Full Plan. If you do notify us you will be automatically moved to the appropriate Plan and you will automatically be charged the appropriate Plan Charge. 20.31 You can opt-out of the Plan at any time. If you opt-out of the Plan within 30 days of receiving the information on the Plan and the Plan has commenced, you will receive a refund of the Plan Charge (if any) charged to your Account. If you wish to opt-out of the Plan you can call 0330 099 3010 or write to Customer Service, P.O. Box 399, CHATHAM ME4 4WQ or contact us using any other details we give you. 20.32 We may remove you from the Plan at any time by giving you 30 days' written notice. We may remove you from the Plan immediately if, acting reasonably, we believe the Plan is being misused by you. 20.33 We will remove you from the Plan immediately: 20.33.1 if your Account is closed; or 20.33.2 if you die. Hope this helps James
  5. Unfortunately it is the companies precess that can slow it all down. When I uphold a claim I will put the amount payable onto a spreadsheet, that spreadsheet is then checked at the close of business each day, it is then sent to the finance dept who will deal with items as they receive them and that the payment can actually take 3 - 5 days before it leaves our bank account. I am not saying that every company works like this, but it was just to give you an idea what may be involved. On the other hand the payment may have had an error on it and then it goes back to the end of the line for reissue. James
  6. When we have a justified claim and the client is a discharged bankrupt, we pay the client, then it is up to them to contact the trustee's or the insolvency office. To date, we have never received any communication that what we are doing is wrong. James
  7. You normally have 6 months from the date of the final response letter (FRL) to take the matter up with FOS (they should have told you what rights you have at the bottom of the letter). Although FOS normally only deal with cases that were taken out after the 14th January 2005, they have been known to take on a case that although the PPI was enrolled before this date, it was still being paid for a fair few years after it. You nay also be able to contact the Finance and Leasing Authority (FLA) if Barclaycard were members at that time. Barclaycard should also have a Customer Care Manager who would review the details of your case if you are not happy with the result. Did they give you any sort of breakdown on how they reached the figure of £768.41? James
  8. Some PPI's cover for Hospital stays and Life cover, so it is possible that PPI was suitable for a retired person (it was normally sold at a cheaper rate mainly for people over 65) James
  9. All you have to do is send them a letter asking that they start an investigation into the PPI that was enrolled onto your account (try and give them as much info as possible regarding the date that you took the loan out) and they legally have to deal with your request. You do not need to send an SAR for them to look into it. James
  10. If you can prove that the additional PPI charges were the cause of the fees, then you should be able to get them refunded and your credit file amended James
  11. The simple interest is what your money might have earned you, if you hadn't used it to pay PPI (this is totally different to the interest that you paid), they should give you a full breakdown of how their calculation was worked out and they should also refund the interest that you paid on the PPI at the prevailing rate at the time of the loan. The calculation should be something like this: Premiums Paid: + Compound interest: (that you paid on the premium) + Simple Interest: + Late Fees (that you may have been charged): - Less Tax on the Simple Interest (currently 20%): (if you are a non taxpayer you can look to claim this back from HMRC) = Total due to you: James
  12. To be fair, they are only legally obliged to keep these type of records for 6 years and that is why an SAR will only return records upto 6 years old. James
  13. Has the company acknowledged that you had an account with them? When you applied for the account, was it, in store, by telephone or post? If they have acknowldged that you had an account, then they should search their records for a copy of the application/agreement form. If they find the form then they will be able to tell if PPI was enrolled onto the account or (if they have the form they should send you a copy if they are declining your claim), if they can't find that agreement/applicatin form and they have confirmed that you had an account with them then they have to pay out if you have proof that PPI payments were made by you. Unfortunately if you can't find the proof that you paid for PPI, then I am afraid that you won't get anything back. James
  14. I just re-read your original post and unfortunately the card was taken out in 1986 and closed in 2003, as this is prior to January 2005 you will not receive any help from F.O.S. You need to have actual CC statements to back up your claim that you were paying PPI, as without this you have no proof and are highly unlikely to be successful in your claim for a refund. James
  15. Send them a signed letter by recorded delivery requesting that they look into the details of your account (name, D.O.B, any/all previous address's and any name changes) advise them that the have 14 working days to supply the info or you will be taking the matter up with F.O.S. (you do not need an account number as they should be able to find your account details with the info that you have supplied) If they treat this as an S.A.R. then you may also have to pay them £10 It is possible that that Top Man/Burton only received a fee and commision for every store card that they administered, but if they have their own Finance dept within the group, then they will have to deal directly with you. If they didn't then it would be the card provider that you would request the info from, but Top Man/Burton should be able to tell you who this was. Unfortunately some companies will try and give you the runaround, but if you keep on at them they will deal with this for you (they have to under the FCA rules) Please remember that if you enrolled for PPI before January 2005, the FCA/FSA regs don't apply, but you can still get advise from the Finance and Leasing Authority (FLA) which helped to regulate finance prior to January 2005. James James
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