Morgan Stanley/Goldfish/Barclays... Who do you request a refund from??

[laureli]

Hi,

 

We've just realised that my partner took out ppi with his morgan stanley card over 6 years ago, and its never been worth the paper it probably wasnt written on.

 

He was in a fixed term contract for six months of the first year of the credit card, and then was self employed.

 

He's never made a claim and didnt even realise that it was still on the card because he's not used it for over 3 years - he's just been trying to pay the damn thing off... and getting nowhere!

 

Barclaycard have now set up an axa ppi plan for him without his permission, he hasnt even received a letter or terms and conditions saying that it was setup and what it covers... they've just added 30 odd quid a month and he's livid.

 

On doing the research we've figured that the norwich union ppi that my partner requested was should be stopped when he went self employed, as a minimum - but it never was - and really, it should never have been put on in the first place. They asked him what he did, he told them and they told him to tick the box anyway.

 

He says he had the MS people on the phone and they helped him fill out the form - and they basically alluded to the fact that it would be more likely that he would get a gold card with a higher limit if it was taken out. They also told him that it would cover him if he was made redundant - now - a fixed term contract after more than 2 years employment is technically a redundancy - but he was told he could not claim! Even at that point, he was told to keep the ppi as it would cover him for sickness... but he was self employed, and they knew about that too because he told them when he couldnt make a couple of payments!

 

Anyhoo - we want to try and get them to refund the ppi, but who do we talk to? Is it Barclaycard? And if yes, how likely is this to be given? Have we got a fight on our hands, or will they just give in cos they've brought the debt cheap from goldfish??

 

We've sent off a SAR today by giving it in to the bank clerks at our local branch. (this is the second request - they reckon they never recieved the first one even though I've got a recorded delivery that says it did get there!)

 

Will this get them shirty if I now try and talk to them about a F&F offer - or we're heading for an IVA and default.

 

any advice would be greatfully appreciated.

 

Laurel

[hellhasnofury]

Hi,

 

We've just realised that my partner took out ppi with his morgan stanley card over 6 years ago, and its never been worth the paper it probably wasnt written on.

 

He was in a fixed term contract for six months of the first year of the credit card, and then was self employed.

 

He's never made a claim and didnt even realise that it was still on the card because he's not used it for over 3 years - he's just been trying to pay the damn thing off... and getting nowhere!

 

Barclaycard have now set up an axa ppi plan for him without his permission, he hasnt even received a letter or terms and conditions saying that it was setup and what it covers... they've just added 30 odd quid a month and he's livid.

 

On doing the research we've figured that the norwich union ppi that my partner requested was should be stopped when he went self employed, as a minimum - but it never was - and really, it should never have been put on in the first place. They asked him what he did, he told them and they told him to tick the box anyway.

 

He says he had the MS people on the phone and they helped him fill out the form - and they basically alluded to the fact that it would be more likely that he would get a gold card with a higher limit if it was taken out. They also told him that it would cover him if he was made redundant - now - a fixed term contract after more than 2 years employment is technically a redundancy - but he was told he could not claim! Even at that point, he was told to keep the ppi as it would cover him for sickness... but he was self employed, and they knew about that too because he told them when he couldnt make a couple of payments!

 

Anyhoo - we want to try and get them to refund the ppi, but who do we talk to? Is it Barclaycard? And if yes, how likely is this to be given? Have we got a fight on our hands, or will they just give in cos they've brought the debt cheap from goldfish??

 

We've sent off a S.A.R - (Subject Access Request) today by giving it in to the bank clerks at our local branch. (this is the second request - they reckon they never recieved the first one even though I've got a recorded delivery that says it did get there!)

 

Will this get them shirty if I now try and talk to them about a F&F offer - or we're heading for an IVA and default.

 

any advice would be greatfully appreciated.

 

Laurel

 

Hello and welcom Laurel,

 

I see you are moving in the right direction in sending your SAR, who did you sent it too?????

 

The person that you go after is the person that applied it,

 

Once you get your sar you will have more information and we can help you.

 

I don't understand your statement regarding the f&f settlement ? iva or default??? can you explain please:-D

[laureli]

HI,

 

Well the people that applied the ppi in the first place was morgan stanley... but they dont own the card or the debt anymore. So I've just sent it to barclaycard today.

 

As for the F&F settlement - the card balance stands at about 4500 and its getting ridiculous. its been at about that level for the last 3 years. In fact, if anything its been going up and up and we're not using the damn thing.

 

I calculated that 6 years unwarranted PPI is about 2500 - and I know that barclays havent paid the full amount for the whole debt, so was going to offer them 1000 F&F with the intention of going up to 1500 if they argue that its too low.

 

But the fact of the matter is - if they dont accept, my partner is going to be forced to enter an IVA - he earns about 10k a year, what with his other creditors, barclaycard are going to be getting about 900 back after all the iva people take their chunk out.

 

The house wouldnt cover the debts we owe if we sold now, so they'd get nothing if they bankrupted us - and I can provide the funds to make this offer... fingers crossed they'll see that they wont get away with the PPI [problem] with MS and will realise that 1000 for a debt that is actually only really 2000 is a bloody good deal.

 

What do you guys think??