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    • In short you never communicate with a Debt Collector, they have no power here at all. The snotty letter is only used to respond to a properly worded Letter Before Claim. The only time you would be recommended to contact the PPC is to send the snotty letter. You do nothing but keep the tripe they send you unless you receive a letter before claim.
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    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
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Barclaycard PPI Refund.Help Required!!


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Hi All,

I have recently wrote to Barclaycard requesting a full refund of £253.56 for "payment protection premiums" as i was unemployed when i was signed up for the card.

 

This is actually the second request i've sent but i forgot to send the 1st by recorded delivery so as it was over 2 weeks ago i'm sure they've ignored it hoping i'll go away (NO CHANCE:grin:) but I did send the 2nd request 1st class recorded and it was delivered on 27th August08 but i've not recieved anything back as yet but i would expect them to take the full 12 days!!!

 

Just as a matter of interest, If they didn't respond what would be my next move???

 

Any help would be greatly appriciated.

 

Cheers Adamsdad.

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Sit tight and wait for a responce. Even send both letters again recorded delivery. If still no responce in 14 days.Go to the FOS and log your complaint with them they will resolve the matter for you but it will take several weeks.

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Hey Adamsdad

 

They are naughty aren't they? Now it's time to make them sit up and pay attention ;)

 

I would send this letter to them:

 

 

Date

 

Re: Account X

 

Dear X

 

I am extremely disappointed that as a leading financial institution regulated by both the Financial Services Authority (FSA) and the Banking Code, you have not seen fit to respond to my letters of (insert dates here).

 

I wrote to you on both occasions regarding what I consider to be the mis-selling of Payment Protection Insurance (PPI) on the above named credit card account. I requested a full refund of my premiums, plus interest paid. I would like to cancel this insurance policy forthwith as it is not fit for purpose and has never been suitable for my personal circumstances.

 

The account was opened on (insert date) and I elected to take out PPI. However, it was not explained to me at any time that there were exclusions within this policy that would apply as I was unemployed at the time and would therefore be unable to make a claim within the policy. It was also not explained to me that similar or better insurance cover for this loan could be bought elsewhere at a much more competitive rate. My personal circumstances were not questioned at any time while opting to take out the PPI.

 

Financial institutions such as yourselves are under an obligation to ensure that the policy they are selling is appropriate to that customer and clearly you have not fulfilled this requirement. The FOS takes the matter of mis-selling of PPI extremely seriously, as do I, and in many cases have imposed large fines on financial institutions who are in breach of regulations.

 

I am requesting, therefore, a full refund of all PPI payments to date plus the interest charged on these, totalling £x

 

I will give you 14 days from receipt of this letter in which to respond to this request. If you do not respond positively within this time period, I shall have no other recourse but to take my claim to the Financial Ombudsmen Service/ initiate court proceedings against you to recover these monies. (You choose which option you pefer here)

 

Yours sincerely

 

 

X

 

Send the letter first class signed for delivery keping a copy for yourself.

 

They will probably send you a letter fobbing you off, in which case we can move to the next stage and send a sterner letter.

 

Hope this helps.

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Hey Adamsdad

 

You're most welcome, although I should point out that this is not a template letter but one that I created on the spot, just for you :)

 

I look forward to hearing about Barclaycard's response ...

 

Best wishes

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  • 1 month later...

Hi Paintball and anyone else taking an interest in plight!

 

Sorry i havn't posted for a while but i work away for months at a time but i'm back now and here's were i'm upto.

I sent the letter Paintball so kindly made up for me (#3) on 09th September 2008. On 07th October 2008 I recieved a copy of my T&C's which i requested 4 weeks earlier along with a letter stating that they were taking my request seriousley and that they hoped to have resolved my complaint by 14th October 2008. Then on the 13th October 2008 they wrote stating that they were still looking into my complaint and hoped to have it resolved by 14th November 2008! I think they are taking the mick!!!!!

Also i read somewere on the site that they are obligated to send the original copy of my T&C's including a copy of the original application form which would have my signature on it, all i recieved was a copy of the then T&C's. Is this correct???

Should i wait until 14th November 2008 or will i just be fobbed off again??

or should i just get the ball roling with the small claims court??

 

Any advice as always would be greatly appreciated.

 

Cheers Adamsdad

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Personally, I would most certainly NOT be waiting around until 14 Nov for them to deal with your claim.

 

Have you sent your SAR? If so, then they have a statutory time limit of 40 days in which to provide all the info relating to the account and the PPI ... if not then make that request as Barclays are past masters at taking the 'P' and dragging things out ...

 

:)

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Hi Paintball,

 

The S.A.R was sent sometime ago and i did recieve all of my statements and have infact recouped all of my charges it's just the PPI i'm trying to recoup now on the grounds i was unemployed at the time i was signed up for the card and although i have sent 2 letters requesting a full refund of PPI payments made (at this point i have just added up all the PPI payments as they appeared on my statements and not added any interest) they keep fobbing me off that's why i was considering making the next step the small claims court.

What do you think???

 

Cheers Adamsdad

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  • 3 weeks later...

Hi All,

Bit of advice on the following would be extremely appreciated.

I have just recieved a letter back from Barclaycard explaining that they have reviewed my claim for a refund of PPI payments made on my Barclaycard and that they have decided that compensation, as they put it, is not applicable in this case for the following reason;

QUOTE.

The payment protection commenced on the account on 28th July 2003 and a policy document was sent to you a few days later. You had a 30 day cooling off period in which to examine the document, decide if it was suitable for you and cancel it if necessary.

You had never requested to cancel the policy, nor have you queried any of the charges applied to the account for the previous years.

Our "condition's of use" state that it is your responsibility to ensure that your spending is reconciled each month against your statement. Payment Protection insurance was shown on each statement and communication should have been made to Barclaycard in order to rectify this. Unquote.

 

This letter has actually crossed in the post with my LBA of court and was just wondering if i should write back to them explaining that i never recieved any PPI document and was just nieve in believing that PPI was just something that i had to have.

Shoud i have brought it to their attention earlier??

Any advice would be greatly appreciated.

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Hi All,

Bit of advice on the following would be extremely appreciated.

I have just recieved a letter back from Barclaycard explaining that they have reviewed my claim for a refund of PPI payments made on my Barclaycard and that they have decided that compensation, as they put it, is not applicable in this case for the following reason;

QUOTE.

The payment protection commenced on the account on 28th July 2003 and a policy document was sent to you a few days later. You had a 30 day cooling off period in which to examine the document, decide if it was suitable for you and cancel it if necessary.

You had never requested to cancel the policy, nor have you queried any of the charges applied to the account for the previous years.

Our "condition's of use" state that it is your responsibility to ensure that your spending is reconciled each month against your statement. Payment Protection insurance was shown on each statement and communication should have been made to Barclaycard in order to rectify this. Unquote.

You have since the sale come to understand more about the reguslations governing the sale of PPI and feel that you have not been treated fairly, were not given sufficient info to enable you to make an informed decision based upon your needs and circusmtances, and had you known then what you know now, would never have agreed to purchase the cover.You have a lawful right to pursue your claim with Barclaycard

This letter has actually crossed in the post with my LBA of court and was just wondering if i should write back to them explaining that i never recieved any PPI document and was just nieve in believing that PPI was just something that i had to have.

Shoud i have brought it to their attention earlier??

Any advice would be greatly appreciated.

Wait for their response ... then decide what you will put in your next letter to them. You can state this in a subsequest letter and offer them the opportunity to 'reconsider their position'.

 

Let us know if they respond to the LBA and if so, what they say ... :-)

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