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oh and i would still send them a CPR request because with that they have to supply soon as there is no 40 day rule 4 CPR requests

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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use CPR RULES to your advantage and start playing them at there game PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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your welcome and as they say "one trucker for another" PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Got this one ready for posting - any views on amending or editing ;)

 

As they say enough is enough - after this one, the only route is the courts after chrimbo.

 

 

 

Dear Sir,

Complaint Ref: ---------------------- (Barclays Bank plc t/a Barclaycard).

 

LETTER DELETED

 

Sent to FOS

Edited by beachcomber60
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  • 2 weeks later...

After informing the FOS that I wont sign any acceptence form until I actually see Barclaycards 'offer' I have received the following from the FOS Adjudicator.

Dear Beachy,

 

I can confirm that the offer made to you relates to a refund of all the payment protection premiums paid and any interest or charges in respect of those premiums.

As confirmed in our letter of ** ******** 2009, 8% simple interest will be added, if we the company are reconstructing the account the firm found that this produced a credit balance for any period (i.e. the firm -in this case Barclays- found a credit balanced in September 2006, 8% would be added from September 2006).

I note your comments relating to your disputed account and collection activity continuing whilst your account is in dispute.

 

I still dont think that this is acceptable, and theres no mention of them obtaining the missing statements from Barclaycard, I still maintain that I am entitled to all ppi premiums from Jan. '98 to Dec. 04 plus compound interest + 8% interest on those premiums and not 8% simply interest from '06.

 

Any views and/or comments would be greatly appreciated.

 

Beachy

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Hi Beachcomber60

 

In the same boat as yourself, FOS told Barclays to get back to me with an offer within 4 weeks, anyway 7 weeks and 2 phone calls to Barclays later i still hadn't had an offer or a reply from them.

 

Eventually got fed up so i issued an N1 at court for PPI Premiums + Compound interest and 8% Simple.

 

They have until the 18th December to file defence.

 

I will let you know what happens.

 

Regards

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Thanks Gary,

 

Bit of an update :-

 

The ICO have found IN FAVOUR of Barclayshark, they do not have to suppy data older then 6 years - that means it appears that I cannot get details of ppi premiums '98 - '02 so thats 4 years premiums + interest I've lost :(

 

Beachy

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Hello Beachy,

 

Please read through my long fight with RBS,

 

***RBS PPI Claim Long fight but, WON***

 

I claimed initially on five claims. Two with Direct Loan Financial Services (DLFS) and Three with RBS. I later found out that DLFS had been legally transferred back to RBS. I submitted a claim to the ICO and it was upheld.

 

Because of my persistence through the ICO I eventually got information on another two claims I had overlooked :D I eventually got PPI repayments on seven loans and not five. RBS got a slap on the wrist for not playing ball on the Direct Line transfer. :eek:

 

Now I am not sure on the compatability of your claim with regard to my claim but I am posting in the hope there is something in my thread that may assist you.

 

Good luck

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

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

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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The Information Commissioners Office have found IN FAVOUR of Barclayshark, they do not have to suppy data older then 6 years - that means it appears that I cannot get details of ppi premiums '98 - '02 so thats 4 years premiums + interest I've lost :Cry:

 

Hiya Beachy,

 

Not necessarily there is nothing stopping you bring a court claim for those supposedly lost years.

 

A Judges ruling could be different to that of the ISO.

 

You would need a carefully worded defence to bring the judge around to your way of thinking.

 

Regards

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Thanks Guys, need a boost at the moment after the ICO reply.

 

The thing that has bugged me - no sorry - made me bl**dy angry is that when I sent Barclaycard a non compliance letter they replied that statements prior to 2002 were held on microfiche and as such were not part of a 'relevent' filing system & they weren't obliged to provide those statements.

 

They kept that line up until they admitted mis selling ppi & their story changed to 'oh sorry, we've destroyed your statements older then six years'. They have refused however to provide proof of that data destruction.

 

ICO have taken 8 months to deal with my complaint & 4 months after asking them to escalate my complaint due to BC saying they were going to destroy the data.

 

Because of BC's refusal to provide information as to exactly when it was destroyed & how it was done, I honestly believe they still have it on microfiche.

 

Thats it - rant over :)

 

Beachy

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Thanks Guys, need a boost at the moment after the ICO reply.

 

The thing that has bugged me - no sorry - made me bl**dy angry is that when I sent Barclaycard a non compliance letter they replied that statements prior to 2002 were held on microfiche and as such were not part of a 'relevent' filing system & they weren't obliged to provide those statements.

 

They kept that line up until they admitted mis selling ppi & their story changed to 'oh sorry, we've destroyed your statements older then six years'. They have refused however to provide proof of that data destruction.

 

ICO have taken 8 months to deal with my complaint & 4 months after asking them to escalate my complaint due to BC saying they were going to destroy the data.

 

Because of BC's refusal to provide information as to exactly when it was destroyed & how it was done, I honestly believe they still have it on microfiche.

 

Thats it - rant over :)

 

Beachy

 

Smells of a serious cover up on the control of personal data IMO. Microfishe is a relevant filing system if they have mentioned it and it refers to you.

 

If you still have the letters referring to the above in bold I would tend to appeal against the ICO decision and copy any letters to the Financial Services Authority, (who now seem to have been given a government mandate to grow sharp teeth and get these companies to toe the line)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

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

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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ABSOLUTELY FUMING !

 

After eight months I finally got a response from the ICO, they didnt even take up my complaint with Barclaycard., CASE CLOSED

 

ICO1.jpg

 

ICO2.jpg

 

In Barclaycards first response they stated that what they sent is all they hold & statements older than six years are stored on microfiche which is not a relevent filing system.

 

They kept this stance right up to when they admitted mis selling PPI, when I tried again and their reply was that they had destoryed the data in line with group policy, this was passed to the ICO who advised me to inform Barclaycard not to destroy any data as I had filed a complaint with the ICO also to fax the ascalations team at the ICO and request that my complaint be ascalated due to Barclaycards response - heard no more from the ICO, however, I wrote to Barclaycard & demanded to know that if my data had been destroyed I wanted to know when, where, and who by together with proof that it had been destoryed, the reply I got was - 'We understand that you unhappy as you have been informed that Barclaycard have destroyed some records held regarding your Barclaycard account.

 

Barclaycard may only hold information that is up to date, accurate & relevent, all information which does not meet that criteria must be destroyed'.

 

Beachy

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________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Barclays are swines to say the least.

I'm still getting nowhere with them myself!!

 

Can i ask how you put the letter in your last post?

IF YOU FEEL I HAVE HELPED YOU AT ALL PLEASE FEEL FREE TO TIP MY SCALES.

 

NATWEST PPI SUCCESS £490 25/08/09

 

NATWEST PPI 2nd CLAIM WON £1135 02/10/09

 

A & L PPI £395 WON

 

CREATION CLAIM PARTIAL REFUND £1825 01/04/10 NOW OFF TO FOS FOR THE REST

 

BARCLAYCARD STILL PENDING

 

LITTLEWOODS DCA . DEBT WIPED OUT AND CREDIT FILE UPDATED 23/09/09

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Hiya LDG,

 

To upload letters etc to your thread I use photobucket.com, Just scan with your scanner then login to your photobucket account and upload them to there.

 

Once this is done you can used the editing tools (rubber) to delete personel details from the letter etc.

 

Then just copy and paste the IMG code into your thread using the image link button above.

 

Regards

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Thanks Guys

Sorry to sound stupid but which is the image link button? :confused:

IF YOU FEEL I HAVE HELPED YOU AT ALL PLEASE FEEL FREE TO TIP MY SCALES.

 

NATWEST PPI SUCCESS £490 25/08/09

 

NATWEST PPI 2nd CLAIM WON £1135 02/10/09

 

A & L PPI £395 WON

 

CREATION CLAIM PARTIAL REFUND £1825 01/04/10 NOW OFF TO FOS FOR THE REST

 

BARCLAYCARD STILL PENDING

 

LITTLEWOODS DCA . DEBT WIPED OUT AND CREDIT FILE UPDATED 23/09/09

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Cheers Beachy

I gave it a go . If you look at my thread you'll see it .But its come up as a small image

IF YOU FEEL I HAVE HELPED YOU AT ALL PLEASE FEEL FREE TO TIP MY SCALES.

 

NATWEST PPI SUCCESS £490 25/08/09

 

NATWEST PPI 2nd CLAIM WON £1135 02/10/09

 

A & L PPI £395 WON

 

CREATION CLAIM PARTIAL REFUND £1825 01/04/10 NOW OFF TO FOS FOR THE REST

 

BARCLAYCARD STILL PENDING

 

LITTLEWOODS DCA . DEBT WIPED OUT AND CREDIT FILE UPDATED 23/09/09

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Barclays Update

 

Had a letter from Barclays solicitors (Simmons & Simmons) this morning.

 

As you are aware, the defence in this matter is due on the 17th December.

The claim form in this matter raises complex legal issues.

Further our client requires more time to retrieve all of its documents relating to this matter. On those bases, it is unlikely that our client will be able to file its defence by the due date.

In order to save both parties the additional time and costs involved in applying to the court for an extension of time, please confirm that you will agree to grant our client a further 28 days to file a defence.

 

Can't believe the cheek of the letter, its only been ongoing for over a year, and the FOS have already ruled in my favour, but there still quibbling.

Also why would it cost me money if they apply for the extension through the courts

 

Needless to say i will be trying to block the extension.

 

They even sent my charges sheet back and said it related to an MBNA account and that i must have sent the wrong sheet by error.

When i checked it, it clearly says Morgan Stanley and is correct.

 

They don't seem to know what they are doing.

 

In case your puzzled original claim was against Morgan Stanley who was bought out by Goldfish and then Barclays.

 

I will post if i hear anymore news.

 

Regards

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Well bring this one up to date, now won three times against Barclays

 

1. Barclayloan full ppi refund which wiped the balance (no cash left over :( )

 

2. Barclaycard admit misselling ppi on both cards, wont refund & I've 'locked horns' with them over that & not supplying missing statements, ICO have rejected my complaint.

 

3. Second Barclayloan (which date wise was my first loan), FOS have upheld my complaint - awaiting refund offer)

 

Now the fun, begins - had a conversation with my case worker (FOS) concerning one of the cc accounts ( last one to be decided on by FOS), they (FOS) have been informed by Barvlaycard that I do not have a complaint with them over ppi, even though I have it writing that they admit mis selling & have made a pathetic offer which has been rejected. Copies of BC's letters sent to FOS with my complaint.

 

Case worker now wants to know what the heck BC are playing at & why their initial offer wasn't with interest, why only 8% simple on the total offered and not on each monthly ppi premium paid.

 

Also said that ppi reclaims fall under the limitation rules ie six years - is this correct, thought that was only bank charges?

 

Watch this space :)

 

Beachy

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Beachy,

 

It is my understanding that it is 6 yrs from the point that you discovered the financial wrong.

 

I will check the act and post back.

 

Regards

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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5 Time limit for actions founded on simple contract

 

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

6 Special time limit for actions in respect of certain loans

 

(1)Subject to subsection (3) below, section 5 of this Act shall not bar the right of action on a contract of loan to which this section applies.

(2)This section applies to any contract of loan which—

(a)does not provide for repayment of the debt on or before a fixed or determinable date; and

(b)does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter;

except where in connection with taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promissory note as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt.

(3)Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.

(4)In this section “promissory note” has the same meaning as in the M1Bills of Exchange Act 1882.

 

 

So as I thought 6 yrs from the date the cause of action accured.

 

 

So this leads me to believe that it means 6 yrs from the date you discovered the financial wrong namely mis-sold PPI.

 

 

Go get them.

 

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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