Beachy v Barclaycard/Mercers take 2

[Spamalot]

Hi Beachy,

 

They're trying to grind you down 'cause they know they're on a loser...

 

Shameful yet pitiful at the same time... I hope you've got your doorstep in chains so they can't collect it.

Have you tried FOS or are they just as bad as the rest?

 

Spam.

[beachcomber60]

Hi Spam,

 

Of all our predators (sorry creditors) BC & co worry me the least, I do feel that its time TS took a further like at my complaint - didnt think it was allowed for two dca's to chase the same debt (albeit barclayshark hiding behind different names) I would welcome them taking it to court I think they'd get riped to shreads issuing so many DN's for the same arrears, let alone no cca.

 

If I have a problem over this then its convincing OH it's all huff & puff from them

 

Putting doorstep under padlock & chain

 

mean while back in the beer garden ........

 

Beachy

[beachcomber60]

Mercers given up, now with Calders (next floor up )

 

Phoned ICO today to chase my complaint, told that they are still working on complaints logged in December so its gonna be a long wait.

 

Also askedabout thelack of a cca but was told it was a different authority to deal with that one but asked what the problem was.

 

Told them BC just keep sending T&C's and when a pushed they stated I needed to give a legal reason for wanting the agreement, the ICO guy said it was definately a OFT or TS problem. He had heard what Barclaycard were doing but it had nothing to do with the ICO, BUT he did says that there were forums on the internet who could help - one very good one which he wasnt allowed to name but told me to type in 'Consumer Forum' in the search engine.

 

Beachy

[beachcomber60]

Morning all,

 

Well after submitting my updated spready to the FOS (complaint yet to be acknowledged by them), I received a letter from Barclaycard informing me that they have investigated my complaint and acknowledge that procedures were not properly followed when I applied for the card and that they will refund the premiums paid. All I need do is sign for acceptance and return the form.

 

However this falls far short of what I require, they state that they are refunding premiums paid x 8% interest on the total paid not on each individual ppi payment, they also state that they want to put the account back to where it would be if ppi was not added (this in itself falls well short) the account was opened in 1998, but they are only refunding the past six years PPI, now if they want to put the account to where it would be had ppi not been added then they owe me a few grand more than what they have offered. They also state that this is their final response.

 

Will post up the letter later if it will make more sense.

 

Beachy.

[MontanaMontana]

mate, which spreadsheet did you use?? i could do with one myself!

[beachcomber60]

mate, which spreadsheet did you use?? i could do with one myself!

 

 

Try this one :-

 

Compound interest calculator

[MontanaMontana]

Ta mate.

[pompeyfaith]

hiya beachy im using my phone right now which is slow to type so i will reply to this, this evening ok PF

[beachcomber60]

Hi Pompeyy,

. Thats two of us then - mines ok if I'm in a 3g area.

[pompeyfaith]

ill do some research this evening too and see where u can go with the debs card ppi issues PF

[noomill060]

I use that interest calculator myself. Turned £85 of PPI premiums into a claim for £1748 which they gladly paid out. It took a small claim though.

 

Hers how you do it-

 

Premiums- enter each individual premium then the date that the contractual rate- I used their cash rate of 26.8%

 

12 "rests" per year from the drop down box and click "360 day year"

 

Add up the totals.

 

This gives you the amount theyve scammed out of you and the amount of money you want back.

 

(With me so far?)

 

OK, when they make some insulting offer, such as the one you have had, you then need to start a small claim.

 

When any claim gets into the legal system it means that you may then ask the court to award judicial interest on top of the amount of your claim.

 

If the contract doesnt specify an interest rate you may claim 8%

 

BUT if the contact does specify an interest rate, you may then claim THAT rate in judicial interest. Got that?

 

Yeah - you can claim another 26.8% ON TOP!!!!

 

This figure is your total (ie premium + interest) minus the premiums.

 

Never fails.

 

Like I said at the start, this turned £85 of PPI premiums into £1748.

 

Premiums charged from Jan 2000 to June 2002 and claimed back at 26.8% plus judicial interest at 26.8%.

 

 

This was settled long before the hearing date- so Barclaycard were very, very keen to settle.

[charley24]

I sent one letter asking for £1013.00 PPI on my Baclaycard, inc interest and the 8%.

 

They have offered me £1300.00 and actually went back further than I had asked to 2001 when I took out the card.

 

They say it has to come off the balance (which as defaulted, have been with CCCS for 3 years and always pay on time, no problems).

 

Someone said they can do this, another they have no right.

 

Any advice gratefully rec'd ?

[noomill060]

Did you work out the interest using contractual interest using the compound interest calculator?

 

How much were the actual premiums in total?

 

£1013 sounds too low to me.

 

Would the £1300 clear the card?

[beachcomber60]

I sent one letter asking for £1013.00 PPI on my Baclaycard, inc interest and the 8%.

 

They have offered me £1300.00 and actually went back further than I had asked to 2001 when I took out the card.

 

They say it has to come off the balance (which as defaulted, have been with CCCS for 3 years and always pay on time, no problems).

 

Someone said they can do this, another they have no right.

 

Any advice gratefully rec'd ?

 

Hi Charley,

 

I am a little confused by your posting on my thread as you have a thread relating to the same amont but with the Halifax, do you have a thread that relates to your Barclaycard.

 

Beachy

Edited August 8, 2009 by beachcomber60

[beachcomber60]

Pompey, letter received from Barclaycard, I am pretty sure what my next step will be, albeit after the FOS has dealt with it.

 

Obviously their offer differs vastly as to what I am claiming, my claim that has gone to the FOS is for £1448.39 plus contractual + statutory 8% = £6450 :-

 

Dear Beachy,

 

Further to your letter dated ** June 2009 Iam sorry you have had cause to complain about Payment Protection Insurance (PPI) policy provided by Barclaycard.

 

After reading you correspondence my understanding of your complaint is that you feel you were mis-sold the PPI policy.

 

My understanding is that to resolve this matter you would like us to refund the PPI premiums you have paid on your Barclaycard.

 

I have completed my investigation and would like to share my findings with you.

 

Having reviewed your complaint I feel there is a lack of supporting evidence to confirm that the sale of PPI was carried out in accordance with our standard procedures.

 

As a result I am willing to offer a refund of the PPI premiums you have paid and associated interest on this amount. Details of how we have calculated this amount may be found in "Summery of how your refund was calculated". Should you wish to accept this refund, please sign and return the attached settlement form within 14 days and payment will be made accordingly.

 

For the purposes of the FOS you may consider this letter our final response.

 

Summary of how your refund was calculated.

 

Our aim is to put you in the same financial position as you would have been in if you had not taken out payment protection insurance.

 

Calculating your refund involves:

 

a) reviewing the statements we have available and adding the total premiums you have paid with respect to your payment protection insurance and adding any interest which would have been paid on the total premiums paid.

 

(If Payment Protection Insurance was taken out over 6 years ago we have calculated the average monthly premiums paid, over the last six years, and multiply this amount by the number of months you had the PPI policy over six years).

 

Your refund offer

 

Value of PPI premiums paid £14**.**

Interest added at 8% £ 11*.**

 

Total Refund £15**.**

-----------------------------------------------------------------------

Now if they want to put me in the same financial position as I would be if I had not had PPI then the following should apply,

 

The premiums relate to that taken from statements 2002 to 2005 when it was cancelled, however, the account was opened in 1998 so there is four years ppi premiums unaccounted for.

 

To put me back in the financial postion if I had not had the ppi then they have to refund the contractual interest as well as ALL monthly payments.

 

Beachy

Edited August 10, 2009 by beachcomber60

[pompeyfaith]

Hiya Beachy,

 

Right as your claim is with the FOS, I would no longer deal with Barclaycard as they say its deadlocked.

 

So forward a copy of that letter to the FOS along with a letter of your own spelling out clearly why there offer was not good enough.

 

I was in the same position with the co-op bank and did this upshot is the FOS are not calculating my claim to there own guidelines.

 

Hope this helps.

 

Regards

 

PF

[beachcomber60]

Hiya Beachy,

 

Right as your claim is with the FOS, I would no longer deal with Barclaycard as they say its deadlocked.

 

So forward a copy of that letter to the FOS along with a letter of your own spelling out clearly why there offer was not good enough.

 

I was in the same position with the co-op bank and did this upshot is the FOS are not calculating my claim to there own guidelines.

 

Hope this helps.

 

Regards

 

PF

 

 

Thanks PF,

 

Are you saying the FOS arent calculating your claim ? My claim against BC is approx £6500 on the statements that I do have, although there is still staements '98 - '02 somewhere with PPI, so if they want to put the account 'right' they'd better find them.

 

As they admit mis selling the FOS should be fairly swift in making a decision (once its in the system).

 

Beachy

[pompeyfaith]

Sorry meant to say the FOS are calculating my claim to there guidelines using my agreements and spreadsheets.

 

PF

[pompeyfaith]

As they admit mis selling the FOS should be fairly swift in making a decision (once its in the system)

 

You would think so,but this is not the case it appears that all claims have to take there place.

 

I submitted my claim in December 2008 after the co-op made an offer of just over £5,500 and its only being seen to now.

 

PF

[beachcomber60]

Sorry meant to say the FOS are calculating my claim to there guidelines using my agreements and spreadsheets.

 

PF

 

Phew - You had me there for a minute (Barclaycard cant/wont provide my cca or statements pre 2002)

 

( 'ere you've changed your avatar again )

[pompeyfaith]

Yes beachy i changed it last night.

 

In memory of my late father, it is his royal marine cap badge.

 

PF

[noomill060]

I went the other way. calculated what I had been scammed out of then took the buggas to court.

 

They settled within six weeks. Contractual interest 26.8% compound and court interest also at 26.8% compound.

[beachcomber60]

I went the other way. calculated what I had been scammed out of then took the buggas to court.

 

They settled within six weeks. Contractual interest 26.8% compound and court interest also at 26.8% compound.

 

Thanks for the info, didnt think you could hit them twice with compound interest.

 

If that is the case then I've shot myself in the foot by filing with the FOS, if I did compound interest twice then the card would be wiped and there'd be enough left over to have a bleedin' good holiday .

 

Does the 6 years limitation act also cover mis selling of PPI ( especially as they now admit mis selling - four years more to be added if so - providing they have statements (they have been reported to the ICO over just providing 6 years statements) account opened in 1998).

[noomill060]

Beachcomber- have you accepted the FOS decison?

 

- (sorry if youve already mentioned that you have, Ive no time to read through the entire thread)

[beachcomber60]

Beachcomber- have you accepted the FOS decison?

 

- (sorry if youve already mentioned that you have, Ive no time to read through the entire thread)

 

That was quick

 

No its just gone to the FOS & awaiting their acknowledgement, Barclaycard where messing me around by keep asking for an extra month to 'investigate' so as they had ten weeks with no movement I wrote and told them that it was going to the FOS.

 

Have just received Barclaycard response admitting mis selling & offering a refund of the premuims paid 2002 - 2005 + 8% interest on the total which falls well short of what I was asking.

 

Beachy