3 x PPI Claims Against Barclays / Barclaycard

[isidore]

aa, appreciate your response.

 

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

 

The link you sent suggests it would be a waste of my time putting in a CCA request as they are all settled. I think I will add something to my SAR letter that mentions the Money Laundering regulations, like that bit!

 

I am currently still information gathering and getting final bits of information from Barclays before I unleash hell. I've had a chat with the missus and I think that I will start the claim as a single one initially, in order to use the argument around having all 4 running consecutively (sp?).

 

I am going to draft tomorrow a letter to the ICO about Barclays messing us round, will amend the text in my letter to explain that I have already complained to ICO and wait to see how the respond.

 

 

 

Will keep you posted

[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

[isidore]

Cool, cheers.

[isidore]

Been reading more this morning and might have hit a brick wall. All four accounts were pre-2005 so probably not going to be able to go down the FOS route. Going to dig a bit more about this.

[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

[tatenda80]

well unfortunate l am now in Channel islands and my girlfriend midlands.so the doc come to her home then she sends them to me, but that will not stop the battle.

we recieved a letter from barclays acknnowledging the SAR from barclays, nothing from LPF yet.My gf says she has received a load of rubbish(according to her) on friday 08 august, which are statements since july 2oo2 of her credit card, she has sent them to me , so l await for them.

Will follow up on LPF soon.

[larry12]

I have been told if they dont declare that they will recived a commision fee for the sale of the PPI that the agreement is unenforcable

[isidore]

Followup to the S.A.R - (Subject Access Request) went out this week:

 

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 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 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 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.

 

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 SAR 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

 

 

 

 

 

 

 

 

 

T4FF's better half

 

I know I shouldn't have waited so long to get to the point of forcing disclosure but I've been doing so many claims at the moment I can't keep track

 

Just helped the other half's sister to around £4k back from MBNA in charges and have helped my best mate to £500 from Lloyds (charges), now taking the fight to Natwest (charges), Beneficial / HFC (PPI) and MBNA (charges) for him too along with doing the charges on the above credit cards for the missus too.

[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

[isidore]

Great stuff, unforunately I've sent it without waiting for review. This will come in handy if I need to press further....

[citizenB]

sorry, asked a question, then realised it had already been answered.

Edited September 2, 2008 by citizenB

[tatenda80]

LPF have decided to pull a fast one and am losing it, though in a positive way.Decide to send a second SAR to LPF and same day sent a Unfair charges reclaim to Barclaycard, had not started on the ppi yet.What happens then???Three weeks later the no reply yet for the charges reclaim from Barclaycard.LPF have sent statements since 2004 and funny enough on the last statement in july 2008 (which we were never sent), are funny items written and at the bottom of it is an amount Credited to the account, to make the account zero balance.My thought is this last statement was definitely doctored by some trainnee!!!.So basically the account is zero.LPF is part of Barclaycard and clearly LPF foresaw the claims coming on that account as well,from the Unfair charges claim l had done on Barclaycard.So LPF is closed , about to send a final notice to Barclaycard for Unfair charges and the the ppi.

[isidore]

....

Edited May 22, 2009 by T4FF
Duplicate post

[isidore]

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:

 

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.

 

 

 

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....

[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

[isidore]

OK thanks for response, familiar with the FOS process as used this for bank charges. Will keep you informed of any updates.