3 x PPI Claims Against Barclays / Barclaycard

[alanalana]

hello T4FF

 

going to be a busy forum is this. I remember you from illegal bank charges forum.

 

this is to welcome you and hopefully give you a lead...

 

 

recent findings by competition commissioner may help you with your claim in that you were not advised the PPI could be obtained elsewhere..

 

here is the link and good luck .......

 

http://www.competition-commission.org.uk/press_rel/2008/june/pdf/18-08.pdf

 

hope this helps

 

aa

Edited July 30, 2008 by alanalana
new link

[alanalana]

Hello T4FF,

 

please try the link in post 2 on your thread I have renewed it hopefully it should work now and here it is again

 

http://www.competition-commission.org.uk/press_rel/2008/june/pdf/18-08.pdf

 

sorry about the bodged link:confused:

 

aa

[alanalana]

Hello T4FF,

 

if you have time have a look at posts 116 and 117 on my thread you can adjust to meet your own claims needs.....

 

alanalana PPI claim against RBS (looking for some help) please

 

this was for my second claim and I used the info in your post re the ICO and their preliminary findings.

 

This link shows what your CCA should contain....

 

Is My Agreement Enforceable - Useful

 

hope this helps

 

aa

[alanalana]

Hello T4FF,

 

One thing I'm curious of and I've never been able to find a direct answer for, can you request and will you receive a credit agreement for an account that is a) settled and b) outside of the 6 year time limit?

 

I doubt you will get a CCA on a settled/closed account. This response from Rory one of the Site Team.

 

Quote:

I take it that this means that under section 77 subsection (3) (a) I cannot request the CCAs on Previous loans which were then refinanced ad infinitum?

Correct as the new agreement is the one that's important in terms of it's enforceability. Why do you wish to request them and how old are the previous loan agreements?

 

Rory then followed it up with this...

 

Well they wouldn't have to supply them under the Consumer Credit Act, but you could request them under a S.A.R - (Subject Access Request) in which case they would have to supply them. They need to keep such documents for 5 years after closing the account, so they should still have them.

 

I believe this may in fact be 6 years.

 

 

I'm guessing my next step if I don't have the CA, is to send a CCA request to BC for all 3 accounts? From my reading though, I still might not get a copy of the CA? As I said, will get some time this weekend and go through the mass of paperwork I've received from Barclays.

 

I sent off asking for CCAs on refinanced accounts 5 in total sent £5.00 only received a copy of the current loan CCA. I did get information though going back to 1997 probably because of my complaint to the ICO about their failure to comply with the Data Protection Act 1998. (which reminds me they owe me £4.00)

 

aa

 

 

 

aa

[alanalana]

Hello T4FF,

 

in my opinion and experience if they have the credit agreement and you complain/ask for a refund they will send it to you as forms part of theri defence, if they don't have it they can't supply it so what defence do they have?

 

I believe adamski has made a very valid point.

 

If you are aware there was PPI added without proper advice at the point of sale. You could have a good case.

 

aa

[alanalana]

Hello T4FF,

 

I cannot find anything resembling a credit agreement for bank account or either credit card. I guess then, that in order to reaffirm my claim, I should make a CCA request?

 

Interestingly, I have found a piece of information from a data feed from her bank account. It is called an "Initial Assessment of Lending" and relates to her overdraft. The entry of note on this page is called "Secured" by which the entry says NO. So in other words, she did not request her overdraft to be secured, yet she still paid overdraft protection. That should be the easiest of the lot. Shame it's only around £80 still...it all adds up!!!

 

The banks are not obliged to provide CCAs on closed/terminated or refinanced accounts only existing accounts if you send CCA request with the £1.00 fee they must respond within 14 days.

 

This link will give you a better picture.

PPI legal issues on Data Protection Act 1998 and CCA 1974

 

On the red text. Is this not the same as secured loan or unsecured loan i.e. PPI could be added to either.

 

 

Still interested in your opinions on #20 & #21 when you get a chance, but in the meantime.....

 

I've started reading through alanalana's experience with RBS and have decided to follow up my S.A.R - (Subject Access Request) with Barclays as I need to ensure that I have covered off everything with regards to the 3 accounts I have been chasing - I want to ensure I make it clear I want contracts for all her accounts and that if they don't have them they need to tell me that in writing.

 

I have also decided to extend the S.A.R - (Subject Access Request) to include this barclayloan I've discovered. As the Data Protection Act says they must provide information on the subject, not on specific accounts, they have purposely ignored this account

 

I believe you have options with regard to single or multiple claim.

 

1. If you aim to go down the FOS route first then you could claim as a bundle. The FOS would then get a fuller picture on how you have been dealt with by the bank.

 

2. If you do not get all data as requested in your SAR (within the statutory 40 days) then a complaint to the Information Commissioners Office will give them the same picture of non compliance.

 

3. You can also complain to the FSA so they too get the picture (these are the people who have the power to impose fines for mis-selling). The more complaints they are aware of the better.

 

4. If you ultimately have to proceed to Court action then you can split your claims so you do not exceed the small claims figures.

 

One more thing I am wondering....I am interested in the fact that all 4 accounts were open around the same time and as a result all had PPI at the same time.

 

I'm wondering whether this is another stance I can take with regards to my claim - the fact that she was sold FOUR insurance policies that ran consecutively of each other whereas she could have taken out a policy to cover all four elsewhere at probably a fifth of the price....or even less!

 

This then leads me on to the question of whether I should make one claim for all four policies or do them seperately? If the fact she was sold all four consecutively holds any weight, then I'm inclined to claim for all four of them together.

 

IMO this could be very useful to mention if you end up submitting complaints.

 

Hope this helps.

 

aa

[alanalana]

Hello T4FF,

 

"The banks are not obliged to provide CCAs on closed/terminated or refinanced accounts only existing accounts".......do you mean under an S.A.R - (Subject Access Request) request or CCA request?? Sorry if I'm being stupid, it's a little ambiguous and just wanted to clarify what you mean.

 

I meant under a CCA request. The SAR asking for all data should provide what you want. In my case it did not. Hence my complaint.

 

aa

[alanalana]

Hello T4FF,

 

I would double check with the FOS. If it a multiple claim they have said to me they may look at it. Whether they mean refinanced time after time with PPI added or several claims at the same time all with PPI added is not clear. I would definately give them a call.

 

If you check out my thread again you will see my claims go way back and the information on the loans was provided under my SAR.

 

I still have to wait and see what the Ombudsman ruling will be and this will be months away.

 

aa

[alanalana]

Hello T4FF,

 

Barclays Bank PLC

Head Office Customer Relations

1 Churchill Place

London

E14 5HP

 

DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST

 

Account Numbers: [barclaycard], [Littlewoods CC], [bank Account], [Loan Account]

 

Dear Sirs

 

I am in receipt of a third set of documents that you have supplied in response to my Data Protection Act information request dated [Date] however, I believe at present your disclosure of information held on all accounts I have held with you in (is)still incomplete.

 

I have had a chance to fully review all documentation and believe that there are still documents missing. Firstly, I have discovered that within the information you have provided me for Bank Account [bank Account Number] there is reference to a Barclayloan [Loan Account Number] which I had overlooked but nevertheless you should have supplied me information on (on this particular account) as the data protection act clearly states that if requested to do so, as data controller you are required to supply the data subject with all information you hold on all accounts held with your organisation.

 

You have therefore failed to supply me with any of the following:

1. Copies of all documents which include any of my personal information in relation to the aforementioned Barclayloan, including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
   
2. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial information, or which pertains to me in relation to the aforementioned Barclayloan.
   
3. A complete list of all transactions or statements relating to the aforementioned Barclayloan.
   
4. Any contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same for all accounts held with your organisation.
   
5. All details of payment protection insurance applicable to all accounts held with your organisation
   

With regards to point 4, you have failed to provide me with this information for any of the accounts I have held with you. My understanding is you are required to retain original agreements for 5 years (this should be 6 years) after the closure of each of my accounts. You should therefore be able to provide this information to me. I refer to the 2007 Money Laundering regulations and in particular part 3 19 which relates to record-keeping. (T4FF you may wish to alter this when you get my next post on document retention periods)

 

If any of the requested information is unavailable, then I require written confirmation of this together with full details of your methods of erasure, disposal and destruction signed by an authorised officer of your company.

 

As mentioned above, the data protection act clearly states that if requested to do so, as data controller you are required to supply the data subject with all information you hold on an individual, not on specified accounts. I am therefore disappointed that you have restricted each of your responses to as little information as possible resulting in me having to chase you again and again for further information. My initial S.A.R - (Subject Access Request) was sent to you on [Date] and is now 89 days overdue. This is simply not acceptable. I am therefore following this letter up with a complaint to the Information Commissioners Office with regards to your continual hindrance to my request.

 

Please ensure that you supply me with the rest of this information in a timely manner and that you do not leave any information out of your response. I have refrained from taking action against you to enforce disclosure as I did believe you were assisting with my request however, this request is taking far too long to complete. Failure to respond to this fourth request in a fully comprehensive and satisfactory manner within 14 days, will result in the submission of a claim to force disclosure of this information due to your failure to comply with the Data Protection Act 1998.

 

 

Yours faithfully

 

aa please see my next post as obtained from another thread on document retention.

 

[alanalana]

hello T4FF,

Document Retention

 

According to sections 221 and 222 of the Companies Act 1985, a public company is required to maintain records for a period of six years (section 222(5)(b).

 

As a loan agreement is active until the agreement is terminated, I would suggest that all the payment records (and other documents making up the file - including the agreement/application etc) would be "live" until the account is paid, or terminated - thus, the full file should be retained for at least six years after that.

 

This interpretation fits in with Inland Revenue legislation that requires prime documents to be retained for a period of six years - AFTER THE END OF THE RELEVANT ACCOUNTING PERIOD. That would mean some files need to be retained for up to seven years. The relevant legislation is found in Schedule 18 of the Finance Act 1998 (paragraph 21) - of particular significance is sub-paragraph (6) which states:

 

"The duty to preserve records under this paragraph includes a duty to preserve all supporting documents relating to the items mentioned in sub-paragraph (5)(a) and (b)."

 

I would suggest that where a loan has been taken out to repay an earlier agreement, at the very least, a copy of the original agreement should be kept - although this is something that a court may need to rule on.

 

Finally, key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007.

 

T4FF this was from another thread on document retention.

 

hope it helps to reconstruct your letter to hit harder:Da

 

aa

[alanalana]

This has moved on a bit from my last update and for one reason or another I haven't paid this the attention it derserved and things have got a bit off track. Having popped in the other day to ask a question, it got me thinking I should be sorting this out properly so here is my update....

 

A prelim letter was sent to BC some time at the beginning of the year and in March I received a letter from BC that in summary says:

 

Quote:

Dear Miss T4FF (My OH)

 

May I advise you that a policy document was sent to you when the accounts were registered for PPI and it is your responsibility to decide whether or not the policy is for your requirements.....In the circumstances, no refunds or compensation are due.....If we have not heard from you by then (8 weeks), then I will regards your complaint as closed.

It's just under 10 weeks since I received this letter. Just wondering what people would advise I do? Should I start again with a fresh Prelim? In my mind, I'm thinking that it would probably be better to start afresh although I may lose out on a couple of quid as the oldest payments will drop off where it's been a few months since I put my first complaint in.

 

(bang in a complaint to the Financial Ombudsman Service give them all the information and correspondence you have on file)

 

The details are here...Links that may help with your claim for Mis-sold PPI

Financial Ombudsman Service

 

http://www.financial-ombudsman.org.u...-insurance.pdf

 

you will find all the relevant info in these links to get you started on a path to get your money back it will take a while but you have a great chance to get your cash back;)

 

Just out of interest, has the process changed any since the beginning of the year? Don't have chance to review it all right now, if someone can say "Yes" or "No" this will at least give me an indication of whether I have to do some extra homework. I know the process reasonably well having made a handful of other claims....

 

You have options FOS or Court and IMO preferably in that order but again you make the choice

 

aa