emma v barclays

[emmabk]

25.08.06

Sirs

Barclays Bank

Head Office Customer Relations

Level 10

1 Churchill Place

London

E14 5HP

Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

Dear Sirs,

 

Ref: 1001G1WQ / 10016DWh / 100176YG / 6211466/KP/10

Dear Sirs.

I will NOT sign away my Human Rights. I am to seek legal redress though the Court system in exchange for rectifying a wrong situation I feel your company caused in the first place. The PPI issue and the unlawful charges levied on your account are two separate issues and I want them treated as such, and not one used as leverage against the other.

 

I am claiming £1272.57 plus £79.00 amount in unlawful bank charges, and have requested full refund on 09.08.06 I am now giving you a further 14 days to comply in full or you will start County Court action without further notice and will then claim both your costs and the statutory APR at 8%

As regards PPI, I request it cancelled as of NOW. This is because:

 

When I took out the loan, I was told that I would not have been given the loan if I did not take PPI. I have since been told that this is not true, and that you are not allowed to make PPI a condition of taking out the loan unless you include the costs of PPI in your quoted loan interest rate, which you did not do. I therefore consider that I have been mis-sold this expensive insurance, which I do not need and which I said that I did not want.

 

AND

When I took out the loan, I said I did not need the PPI as my employer provides generous illness and redundancy benefits, but I was told I should still take it out. As this is not correct, I consider that I have been mis-sold this expensive insurance, which I do not need and which I said that I did not want.

 

AND

 

I wish to cancel the PPI because I now (delete, you've said you already had it) have sufficient alternative insurance cover from my employer and other sources.

 

AND

 

For one of your “Trained Advisers “ to state “I’m not being funny £5000.00 is a bit different to £1000.00 only leaves me knowing I was bullied into the PPI.

 

AND

 

I have been advised that I should be able to cancel the PPI contract at any time and receive a partial refund of the premium that I have paid. I would like to do this. And in view of the way I was mis-sold the insurance, I would like to ask for a full refund of the whole premium.

 

I will separate these issues. In 14 days, if you haven't refunded my charges, I have no alternative other than to pursue this matter through the courts. If need be, the PPI issue can be dealt with on a different timetable.

 

Yours sincerely

 

 

 

Hi bookworm were to go next?

[emmabk]

"Bump"

[Bookworm]

See the corrections above.

 

Apart from that, where do you go? Well, nowhere for 14 days, but you might as well start calculating your 8% APR and play around with the MCOL site so you can get used to it by the time it comes to filing.

 

PS: If you have written a proper message, you don't need to do a second one saying bump!

[emmabk]

Bookworm

thank you once again, however, they have actually rcd that letter on 30.08.06 so is the 14 day deadline is now gone? am i right, as regards the payment protection refund they have as yet not refunded it, was i supposed to have signed the acceptance form? i didn't as they are asking me to give up on all charge refund allthough they did not put it in writing?

should i sign it quickly and send it off???

sorry for taking up so much of your time. "Bump" i just like it!!!!!!!

[Bookworm]

You can't sign the acceptance form, as it wd mean accepting to drop your claim for bank charges.

 

Oh! I didn't look at the dates of your letter, sorry Yes, time to sue, woo-hoo!

 

All the guidance how to do it are in the Library, so go for it. Don't worry if it takes you a couple of days, better make sure you get it right.

 

When you're on MCOL, don't worry if you make a mistake, as you can go back right until you pay, so don't be afraid of familiarising yourself with the site.

[Milo19]

Come on Guy's PLEASE stick to your own threads.

Thank You

 

Like I said, going to do it now!

[emmabk]

hello again peeps it's me........................

i am now doing they moneyclaim on line, am i to include the PPI problem in the claim detail bit aswell?

thanks in advance "bump"

[Bookworm]

I would say no, as I've said before. I think the PPI issue is more complicated, and especially as you're still a bit tentative, I think they could use that to try and fluster you.

 

Also, since you have made a very specific demand for them to stop charging you the PPI, you ideally want them to stop charging it, then go after them, rather than having those amounts increasing every month.

 

Get the bank charges claim on the way, concentrate on that.

[emmabk]

i give up! ................. I have requested they refund the PPI via the Ombudsman and via Barclays themselves they have agreed to this and are awaiting the acceptance form in order to pay it back providing I accept a new loan under the terms of a new 5 yr period, which i obviously don't want to do. This was also the same time the discussion occured with the Ombudsman about how kind Barclays were being to me!! lol! and suggesting I give up my complaint regarding Bank Charges. I understand to keep plugging away at refunding my charges which is now a further £12 in added monthly interest for o/d.

But i don't understand how to get them to refund the PPI without me taking a new loan out.

And as you put it Bookworm a little tentative is an understatement!!!!

Bless you for your patience with me!

Regards Emma

[Bookworm]

Ok. Let's put it this way in a way they'll understand, if they want to be that obtuse, we'll put it in very simple words.

 

Dear Bank,

 

Please note that court action is being started at the date of xx for the reclaiming of the unlawful bank charges levied on my account.

 

Please also note that if you do not comply with my request to have my PPI cancelled and refunded, these charges will be the subject of separate legal proceedings in their own time.

 

I will NOT consider a new loan, there is no reason whatsoever for it, I am quite happy with the arrangement I have going now, apart from your insistence on charging a product I neither required, needed and which I have now repeatedly asked you to cancel.

 

Yours, Emma.

 

Copy that to the Ombudsman with a note to say that since they seem incapable of upholding your basic rights as a human being and a customer, you feel that you'll be better off handling this on your own with the help of the Consumer Action Group, as at least, THEY seem to have a basic understanding f English contract law. (If you get a feeling I am not a fan of the FOS,you're right! lol)

[emmabk]

hello all

i have started to complete money claim on line except eveytime i go to pay it is telling my payments are not authorised!!!! i do have the pennies there honest!!!

however am i to include my o/draft also?

this is getting me down now!

just after a bit of sympathy

any suggestions?

[austenpowers]

What card are you trying to use? I know they don't accept Electron.

[sammyjammy]

Emma,

 

Why don't you give the money claim helpline a call, I hear they are very helpful.

 

Sam

[emmabk]

has anyone included their overdrafts?????

[emmabk]

FAO Bookworm:)

just doing the money claim online thingy can you tell me ...........am i to file the PPI seperatley in court? i think you said yes? and i am a bit confused about the date i use for the particulars of claim text? is that the date of my calculation or the date i opened my bank account?

Kind regards Emma "bump"

[Bookworm]

Emma, for the 3rd or 4th time, forget the PPI for now!

 

Sorry, but I need to ask this, you do know how to scroll back on you thread here to read back on the answers? YOu have 3 pages of thread here, and if you're not sure, you can just read back from the start and fnd the answers to questions already asked, for example.

 

And what date are you talking about? Have you looked in the Library? There is a guide to completing MCOL, written by Bankfodder, that should help you there.

[emmabk]

hi guys

have just had a phone call from the banking ombudsman am i happy to close my file! what has happend to communication?????? record delivered letters!

what she has now suggested is that my complaint is mearly about bank charges refund which is not actually the case. I have suggested to her that she reads the files and my letters ( i thought thats what they did!) i suggested i was going to court with the help of yourselves just waiting for payday and basically she has said I can't do both!!! what am i to do? toooo many fingers in my little pie!

[Bookworm]

Why can't you do both? One one hand, you have the unlawful bank charges, which are subject to a county court claim, on the other hand, you have the issue of the mis-sold PPI, which I would have thought came squarely under the Ombudsman remit :-? Or the small matter of trying to coerce you into a different loan arrangement? Honestly, what are these people ON????

[emmabk]

letter from banking ombudsman 05.10.06

 

Dear miss Battersby-King

My understanding from the complaint is that you are unhappy that a payment protection insurance policy has been added to your loan held with the firm.

Further to our telephone conversation i am writing to confirm that the firm is prepared to provide a full refund of the PPI and restructure the remaining balance onto a new Barclayloan at the existing interest rate over the existing term.

This offer is made in full and final settlement of my complaint.

During our discussions you have indicated that you no longer require the reduced month repayment programme of £50.00 per mont ( only because i was told my repayments after the 12months would be bigger than before.)

Finally i note that you are pursuing the issue of charges applied to your current account through the Small Claims Court and i will therfore take no further action in this regard.

I understand you are prepared to accept the firms offer in full and final settlement of the complaint made about the loan account.

i note however that you reserve the right to continue pursuing the issues of charges applied to your current account.

The firm then have to settle this matter diectly with me (no thanks)

However if i have misunderstood the situation or have other points to raise which you beleive to make a significant difference to the outcome i would be gtratefull if you would respond as soon as possible and no later than 19th oct 06.

are they thick?

[emmabk]

point 1. If they refund my charges this will have significant difference to my life and loan.

point 2. haven't i allready raised all this in several of my letter to the ombudsman?

point 3. if i want them to stop charging me interest and account fees on what is now 977. o/d account i have to raise this again with Barclays under a seperate complaint and then forward each of these issues to the ombudsman seperatley.

are they just trying to crease me or what???????

[Bookworm]

Emma, hang on, I think you misunderstand the letter. This is good stuff!

 

1 - B's will refund PPI and recalculate loan payments, same rate, same numbers of repayments.

 

2 - The £50 per month, I don't know about that, only you knw whether it's viable or not.

 

3 - They won't get involved with the penalty charges issues. Well, yes, we know that, they can't.

 

4 - "The firm then have to settle this matter diectly with me (no thanks)". What do you mean no thanks? Of course, they will! You are taking them to court over your bank charges, who do you think will pay? :-?

 

Am I missing something here? I told you that you needed to dissociate the PPI and the penalty charges issues, which you did. Now the PPI will disappear, and the Ombudsman can not get invoved into a lawsuit issue.

 

I have read and reread your post and I really don't understand why you're getting annoyed, unless there's something I'm missing here....

[emmabk]

i think really i am just a bit thick

my collegue in work has also just pointed out that these are good things!!!!

the firm have to settle the PPI with me direct and I think i am a tad still annoyed as they cancelled my mortgage, gas, elec t.v council tax, and all of my other basic living requirements when i still hadn't actually done anything wrong, which no one is willing to acknowledge, also i didn't know that the ombudsman cannot get involved in legal litigation till now!

last thing i need right now is you to fall out with me aswell!!!!

will be completing moneyclaim on line asap.

thank you for your time again and sorry for causing you frustration.

[Bookworm]

Not at all, hun, it's just I thought I was missing something, you were seeing something I wasn't!

 

And by the way:

 

Post 9 of your thread:

 

Quote by Bookworm: The Ombusdman will not -can not- decide on the lawfulness of the charges, they can only investigate very limited aspects of the procedure. Say that the bank's T&cs said they would only charge you £10 and they then charge you £20, that's something they could deal with. But the bigger picture of the lawfulness of charges does not come within their remit. The banks know this, that's why they try to fob off people on to the Ombudsman when they reclaim their charges.

[emmabk]

not sure i even want to ask this but........................... when i sent my schedule of charges to the bank i hadn't included my o/draft of £977.00 Barclays have been adding 12.63 interest every month since july as i was forced by them to bank elsewhere although they didn't close my account i want to include these charges, do i need to send another schedule of charges with the new amounts on and notifying them i am now going to court ......if i can ever get this moneyclaim on line done!!!!

Sorry in advance if this is allready on this site somewhere but as you have probablly gathered by now i am only just learning what scrolling is!!! My God Pray for me! xxx bump xx

[emmabk]

bump