Me v Barclaycard PPI

[dj1971]

I submitted a claim o barclaycard on behalf of my GF 17/04/09 for mis sold PPI on her card. We received a few letters saying we need more time, then a letter on 07/07/09 saying:

 

"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".

 

However they have only offered the PPI premiums paid plus a flat 8% on top. I want to claim compound + statutory interest of 8%. I submitted refusal of offer letter 08/07/09 and have today received a letter saying this was our final response, of you not happy contact the ombudsman who may be able to help. I have attached a spreadsheet of my calculations.

 

I have several other complaints with the ombudsman and as they are taking so long, I want to take barclaycard to court for this one.

 

Given my GF is living here though not from this country and English is not her first language, can I submit a claim to court on her behalf?

 

Would appreciate any advice on offer.

[the_shadow]

I think she needs to fill out the forms and sign all legal documents but you are allowed in court to speak on her behalf as a lay representative... see below:-

 

PRACTICE DIRECTION – SMALL CLAIMS TRACK - Ministry of Justice

 

 

S.

[the_shadow]

I think she needs to fill out the forms and sign all legal documents but you are allowed in court to speak on her behalf as a lay representative... see section 3.2 below:-

 

PRACTICE DIRECTION – SMALL CLAIMS TRACK - Ministry of Justice

 

 

S.

[dj1971]

Many thanks Shadow.

 

I presume the claim would be submitted to our local county court using small claims route as claim is for £545 plus interest. How do we go about submitting a claim?

[dj1971]

Just a quick update. OH opted to go the FOS route. Complaint submitted 24/08. Will update as we receive further info.

[the_shadow]

Just a quick update. OH opted to go the FOS route. Complaint submitted 24/08. Will update as we receive further info.

 

Cool, its whatever they feel comfortable in doing.... just let us know how it goes

 

Best of luck.

 

S.

[dj1971]

Got a reply from ombudsman. Barclaycard have agreed to settle this claim in full and ombudsman sent us an acceptance form to sign. The letter does clearly state we are signing to confirm we agree ombudsmans method for calculations and barclays will write to us with final settlement figure.

 

Have signed the form and just wait and see. According to ombudsman, barclays should be in touch in no more than 8 weeks with final figure. Will update once the offer has been received

[the_shadow]

Got a reply from ombudsman. Barclaycard have agreed to settle this claim in full and ombudsman sent us an acceptance form to sign. The letter does clearly state we are signing to confirm we agree ombudsmans method for calculations and barclays will write to us with final settlement figure.

 

Have signed the form and just wait and see. According to ombudsman, barclays should be in touch in no more than 8 weeks with final figure. Will update once the offer has been received

 

Does it give the method of calculation as in the past the FOS only use 8% stat interest on top the same as the courts unless you claim the compound interestso not quite as you originally wanted.

 

Still a nice bonus just post xmas tho

 

S.

[dj1971]

Not been on the site for ages.

 

This is another one for the successes section. Took some time but barclaycard did eventually make the refund in full including compound interest and 8% simple on top.

 

Donation already made and many thanks to all those who have helped us along the way.

 

DJ1971