Gary68 V Barclaycard charges

[GARY68]

Thanks slick

 

my thoughts exactly on the whole of the application form issue and I was going to reply to the fos with the same thinking as you.

 

it only confirms that Barclaycard will get no payments and as they have just put a default on my record in the last week, they must have had some sort of reply from the fos too,me thinks

 

OOOH I hope they take me to court...but very much doubt it.

consider this WROTE OFF Barclaycard.

[angel_1]

hiya Gary68

 

like slick has said this is another one that Fos has helped in getting Bcard to comply correctly with sending what they have - and as we all suspect when they send only the terms and conditions very likely only an application form

 

whilst mine have been on the back burner so to speak , will be reviewing today and i think this is a good way forward for me now too with fos

 

cheers and have a sunny day all laters angel x

[jp2006]

Hi Gary68,

 

I was in the same position with CABOT and after many months of contacting FOS, they gave me more or less same reply which you got. Even though they were unable to answer few basic questions, they kept on saying CABOT is right.

 

I went to FOS with a hope that they will understand and consider what is unlawful activity, but I am sorry to say at times they are useless. At the end I filled a court case against CABOT and my hearing is end of next week. I will try to post the response as to what happens.

 

Best of luck

Edited October 23, 2009 by slick132
removed huge re-quote

[rebel11]

The FOS are a waste of space. Just my opinion.

[jp2006]

The FOS are a waste of space. Just my opinion.

 

After careful observation on the wording written in the all the letters I received from FOS, I fully believe that they either dont know much and just trying to clear their desk from our complaints or there is more depth to it.

 

I believe FOS has received an indication from high above to make sure they reject any complaints about the debt and make consumers pay. I also complained to the Case Manager after the sort of reply I received from my case worker. He played the same song saying the advisor tried his best but if I am not satisfied I can take the case to court. FOS wasted enough of my time and I would advise people to be very careful.

 

I asked FOS the below basic questions which they fail to answer:

 

1. Do I have right to get my full bank statement to know where I am?

2. Do I have a right to ask for a copy of orginal credit agreement?

 

Anyway they are just useless and at times frustrates me more.

[slick132]

Hi jp,

 

I have to say that, at a time when pretty much all else fails, at least the FOS have managed to extract credit agreements from BC.

 

This itself is a major achievement when the CC Co's seem so reluctant to produce them in response to CCA and CPR requests.

 

Good luck with your case next week.

[jp2006]

Hi slik132

 

I agree with you a bit, but the issue which I faced was, FOS advisor's in capability to differentiate between a credit agreement and a one page copy of an application form. I would still reccommend anyone to down FOS route before taking it to court. Anyway I am eagerly waiting to take CABOT head on. thanks

[GARY68]

Hi JP,

I do agree with you on the fos in the fact that they havent closed the case in the real way I would have liked,

 

Barclaycard havent got a enforcable agreement,so dont bother to pay them

that would have been nice,

but the fos have aleast help me bring the application form out from barclays grasp after all else(except court) has failed,

 

At least now I know that they havent got anything to chase me with and even if they would persue me, they know that it would be a waste of time and im sure no DC would buy the debt off them to chase me.

 

For me now, I have wrote this card off in principle, my next step would be court action but that would be to remove the default which has JUST appeared on my credit file, no doubt this saga is not over yet but Im dealing with another matter for the moment,

Good luck with your Cabot case

[jp2006]

CABOT case is on hold but I have taken further action against barclays.

 

Barcalys sent the acknowledgement to the court via their solicitor puppets and I am waiting for them to file the defence.

 

I am not sure if someone can let me know if I should give them more than 28days to file the defence or not?

 

Thanks

[slick132]

Hi jp,

 

Please post Q's about your case on your own thread so we can answer them there.

 

Thanks

[GARY68]

Hi folks

not been around of late so could do with some update advice,

Im helping a uncle with many ppi claims against barclays,loan and credit card charges,

He has been with them for too many years to mention,he took out a credit card pre-90s and after paying out for the ppi in all that time,became ill and never claimed on it,but carried on paying this and on top of this payed the ppi on all his loans too,long story short for now..

 

I sent off for the sar and submitted a claim for mis-selling of the credit card ppi,...8 weeks ago.

 

DATE 27TH AUGUST 2009

 

Dear Sir/Madam,

 

Re: Barclay credit card Re: xxxx xxxx xxxx xxxx

REF:Payment Protection -complaint

 

The Payment Protection Plan Insurance was attached to the above Barclaycard account on the xx/xx/xxxxx and most likely before that date, I was not made aware that this was optional and I cannot remember ever agreeing to have it attached to the account,

 

After viewing the subject to access statements supplied to me on the 18th August 2009 , I believe that I was mis-sold a Payment Protection Plan for the reasons stated below, and wish you to investigate my complaint according to your complaint procedures.

 

At the time the ppi was applied to the Barclaycard credit card I have never received any policy documents, or a copy of the terms and conditions. Furthermore the policy exclusions were not explained to me either before or at the time the card was issued. I was therefore unable to make an informed decision as to whether this insurance was appropriate for me.

I have no recollection of even applying for any payment protection policy and was unaware I had this until a review of my subject to access files .It is my belief that there is no evidence that I neither applied nor wanted the ppi and find it hard to believe that sales staff have not benefited from a commission on this.

Your advisor at the point of sale has obviously failed to apply the appropriate duty of care to me as a customer in this instance.

 

It has never been explained to me that the policy premium would be added to the monthly statements and that my debt would increase as the premium would attract monthly interest.

 

I have adequate income protection and life policies in place and have never had any need for the policy and after uncovering this added policy I am disappointed with Barclays for the neglect or incompetence in the added payments you have been receiving from me since opening and the running of this account

 

As I now know it was not mandatory, I am now of the opinion, after researching the mis selling of Payment Protection Insurance, that I am entitled to claim back the premiums paid plus the interest applied to those premiums.

If my compliant is upheld I will require a refund of all premiums paid on the policy, plus the additional interest charged to me because of the PPP. I will also require the statutory interest at 8% in view of the fact that I have been deprived of the use of this money. (Spreadsheet enclosed)

Please now investigate my complaint within the eight weeks allowed to you. Please also confirm in writing acknowledgement to this letter.

 

Failure to offer a satisfactory refund will result in a formal complaint to the Financial Ombudsman Service asking them for a full investigation and formal adjudication on my claim of mis-selling PPI.

 

Yours sincerely,

[GARY68]

last week herecieved a questionaire asking,

what was the reason of complaint?

how did you purchase ppi?

what imformation were you told?

occupation at time of employment?

were you recieving beifits?

dod you have existing medical cond?

did you have cover elsewhere?

 

all asking for documents to be enclosed.

 

my problem is why take so long to look into and should he have to fill in the form,and supplie the details they are requesting, looking at the timescales they are well behind and I want to send them a letter complaining of this and telling them to get a move on.

 

my whole point on this is...he took the card out and wasnt aware he had ppi on it until he asked for sar. and has been paying the premiums for years but can only claim for 6 years,they have no proof he applied for ppi as the agreement was so long ago

[middenmess]

what was the reason of complaint?

Read my letter

how did you purchase ppi?

Read my letter

what imformation were you told?

Refer to your records

occupation at time of employment?

Refer to your records

were you recieving beifits?

Refer to your records

dod you have existing medical cond

Refer to your records

did you have cover elsewhere?

Read my letter

all asking for documents to be enclosed.

Rollocks

 

has been paying the premiums for years but can only claim for 6 years,

 

I believe you can claim back further--to do with when you were reasonably made aware that it was wrongly charged,or similar wording.

[GARY68]

thanks M

for your reply,

they are asking for a reply letter to be sent in or they will close the complaint.

cheeky ***** im trying to send a letter off with this in a stern manner,do you know of any non compliance of 8week letters for me to pinch and include te fos complaint procedure

many thanks for any advice ,i really need to resolve today

[middenmess]

There are many letters in the CAG library which cover most eventualities otherwise it's a question of reading threads on the PPI forum--those by pompeyfaith and nomill are good.

 

Read from post 21 on my thread below to see what noomill060 explains

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/211244-25-days-late-3-a.html

 

 

 

If the above does not produce what you seek then just work out your claim from as far back as possible [or recreate as the banks do!!] add on the monthly compound interest at the current cash rate APR charged to your uncle on his current statement then add on Sect.69 interest at 8%--or if you want to fight hard Sect.69 at the current cash rate!--the result could well be several thousands.

Send this off and wait for them to squirm.

 

Has uncle any late charges to reclaim on any of the card accounts?