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Barclaycard - PPI sold when I was a student


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Hi,

 

When I was starting my degree in 1996 I opened a Barclaycard account. they sold me PPI despite the fact that I was a full-time student. From what I understand I have a good case that this was mis-sold?

shall I just write them a letter asking for a full refund plus contractual interest? Can I claim back to 1996? Thanks for your help.

 

PS I also believe BC are trying to do me over as I successfully won over a bank charge claim. But that will be posted in the banks revenge section

Edited by vicakers
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Thank you Michael Browne, I will send off template letter ASAP. PS, Iknow there is a statutory interest calculator, but how can I work out contractual interest which is currently 27.9%?

 

Vicakers

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Hello All,

 

I received a letter from BC following the one I sent asking for a refund of premiums due to the fact that I was mis-sold PPI as I was a full-time student.

 

Their letter was a 'FINAL RESPONSE' generic letter stating that I should have checked the policy when I bought it, I had a cooling off period to check the documents, I should have cancelled it earlier, it was my fault I did not check my policy schedule detailing the exclusions BLAH BLAH BLAH.

 

What should my next move be? I think I should probably ask them to send me my terms and conditions, CCA (including PPI policy schedule) before writing to the FOS. What do you think?

 

I am annoyed that they are not even denying it was mis-sold, they are basically saying I should have checked the policy was write for me. According to them it is tough luck!

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Hello All,

 

I received a letter from BC following the one I sent asking for a refund of premiums due to the fact that I was mis-sold PPI as I was a full-time student.

 

Their letter was a 'FINAL RESPONSE' generic letter stating that I should have checked the policy when I bought it, I had a cooling off period to check the documents, I should have cancelled it earlier, it was my fault I did not check my policy schedule detailing the exclusions BLAH BLAH BLAH.

 

What should my next move be? I think I should probably ask them to send me my terms and conditions, CCA (including PPI policy schedule) before writing to the FOS. What do you think?

 

I am annoyed that they are not even denying it was mis-sold, they are basically saying I should have checked the policy was write for me. According to them it is tough luck!

 

Hello,

 

So nothing changes there then:rolleyes: They have a responsibility to check that the insurances they sell are fit for the purpose it is sold for:| How was it sold to you, did they go through a pre-check list to ascertain it was fit for purpose:confused:

 

I would write back to them stating that you do not accept their generic response and if they don't come back with your money you are going to the fos and or court, this will show how unreasonable they are being, but what the heck we are talking about BC.

 

Send off a section 77/78 request for a true copy of your credit agreement, this should include the terms and conditions relevant to 1996 and a statement of the account. The have strict timelimits to get it to you. 12+2 postage(breach) and then a further 30days (criminal default)

 

Creditors and DCAs - Letter Templates & Budget Planner

 

You need letter N

 

Don't be put off by their behaviour,be determined to get your money back.

 

I also think it is important to wait till you get your credit agreement or not as the case may be, and then report them to the Office of Fair Trading, The Financial Serivce Authority and trading standard who would not do anything to investigate a single complaint, but they do add it to their files and if they get enough complaints they may get a heffy fine.:D

 

Good luck and keep us posted:D

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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I don't remember them asking my employment status. Surely if they had asked they would have learnt that I was a student and I would not have paid for something I did not need!!!

Thats great, I appreciate your advice. Will send off credit agreement request ASAP. Will keep you informed.

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  • 2 months later...

Hello vicakers,

 

did you send the statutory £1.00 fee with your CCA?

 

If you did then they are in breach of the CCA 1974 and you can now complain to the Information Commissioners Office to inform the Commissioner about the breach of the Act.

 

As your claim is over 6 years old you are probably going to have to go down the court route so I would suggest you make all attempts to get the CCA from them, you do not want them producing something last minute to throw you off your guard.

 

Good luck

 

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 :mad:

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.

 

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  • 2 months later...

Hi Vicakers, any more news on this?

 

Also, does anyone know if misselling claims are limited to the last six years? I seem to remember reading somewhere that, as with missold endowments, you can reclaim ALL premiums paid.

 

Yrs, DonkeyB

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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  • 4 months later...

Hello,

 

Sorry I have been out of touch. I have had other more pressing things on my plate!!!! So no news from BC. I have now sent them 3 reminders that they have failed to provide me with my CCA. No response. They obviously don't have it. I have contacted the FOS to complain about this. BC have also told me they are not going to refund my PPI.

 

In the meantime they have sent me threatening letters because I have not been paying my monthly bill. Also, they have entered data on my credit report regarding this. Is this allowed? They cannot provide me with my CCA but they are still charging me interest, adding charges to my account and threatening me with DCA.

 

Any advice on my next step? I really want to write them a strongly worded letter but don't really know how to approach it.

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  • 1 month later...

Hello,

 

I am still seeking advice on this matter and not really sure what to do next. Despite the fact that I have submitted a complaint to the financial ombudsman Barclaycard are still charging me fees and interest on my account. They have still not provided me with my CCA. Furthermore, I received a text (yes, very professional) the other day:

"Unless you call now, we may begin legal proceedings to recover the outstanding balance on your Barclaycard. Calder Financial"

 

Nice....I have just sent Calder a CCA request. I might have more luck than with BC. Do you think it is a good idea to tell the FOS about these new developments?

 

Thanks

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Vicakers, I think this whole thread - and its current developments - might be better dealt with on the DCA section. I'll flag it and hopefully a moderator can move it or help you start a new thread - PPI advice isn't what you need right now!

DonkeyB

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Moving to debt collection forum...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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I think you probably need to resend the account in dispute letter - 42man is an expert with these, and hopefully someone very clever can help you out. Hence the bump. May be worth changing the title of your thread to something like 'Mercers threats despite account being in dispute'. Hope this helps. DonkeyB

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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  • 1 month later...

Hello All,

 

Sorry I have tried to change the title of my thread but don't know how....

The latest developments..., BC sent me a letter in response to my CCA request. It is a photocopy of terms and conditions, unsigned with none of my information. They state that this fulfils their responsibilities to my request. In the meantime, they have got 3 different DCAs pestering me for the alleged debt. The latest one Credit Solutions states that I have 7 days to pay off my balance in full. I intend to send all these letters to my case officer at the FOS. Is there anything else I could do in the meantime? Should I send another Account in Dispute to Barclaycard?

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  • 1 month later...
  • 3 months later...

Hi,

 

I am having yet more trouble with Barclaycard and would be grateful for any advice on how to proceed. I have just found out that despite the lack of a CCA and the fact that the FOS are dealing with my complaint, BC have registered a default on my credit report. Is this normal? I am a bit daunted by the prospect of contesting this and not sure what my next step should be. Please advise

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I had the same problem with the Co-op Bank i doubt if they will remove it all you can do is complaint to the OFT.

 

But this is what im going to do, soon as i get the FOS letter asking if i accept i will say yes providing they remove any negative markers from my credit file.

 

IMHO this will have a better result than all the letters going back and forth

 

Regards

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

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Is that all they sent you? Did they not even send an application form or anything else supposedly signed by you?

 

Doesn't sound to me like they have complied with your CCA request at all.

 

You need to write back to BC and tell them in no uncertain terms that they have failed to comply with your CCA request, that the account remains in dispute and has been referred to the FoS, and that they cannot charge interest and you can withhold payment legitimately while this process is ongoing.

 

Ask them a straight question - why have you marked the account as defaulted when it is in dispute? - an insist they remove the default. Send copies of all your correspondence and details of their contacts with you to your case manager at the FoS. Do you have any news or updates from the FoS? May be worth a call to chase.

 

Next - have you had contact from more than one DCA at a time? They cannot have two DCAs chasing you at once - against the guidelines (irrespective of the fact that they shouldn't be chasing you at all - expect them to sell it on next...). BUT... bear in mind that BC/Mercers/Calder are one and the same.

 

Did you send the letter suggested by hellhasnofury?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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