Beachy v Barclaycard/Mercers take 2

[slick132]

Happy Birthday (to Beachy's case)

 

I assume you'll now write to FOS to seek clarification of how BC want to settle.

 

[beachcomber60]

Thanks Slick (long time no contact )

 

Barclaycard had already admitted mis selling, their offer was very poor & was rejected (Refund of premiums 2002 - 2004 (had card(s) since 1998) + 8% on that TOTAL.

 

Although their letter states 'return account to where it would be if PPI had not been applied'. Total contradiction to the offer.

 

Beachy

[beachcomber60]

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 November 27, 2009 by beachcomber60

[beachcomber60]

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

[garyca]

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

[beachcomber60]

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

[alanalana]

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 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.

 

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

[pompeyfaith]

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

 

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

[beachcomber60]

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

[alanalana]

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

[beachcomber60]

ABSOLUTELY FUMING !

 

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

 

 

 

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

[beachcomber60]

If you are chasing Barclaycard for missing statements have a read of this :-

 

After chasing Barclaycard for 12 months for my missing statements, and waiting eight months for the ICO to deal with my complaint, I have received this :-

 

 

 

 

[Guest Old_andrew2018]

Is there another page

[beachcomber60]

Ooops Yes, I had to delete it to edit out the caseworkers name.

 

Now reposted

[MandM]

subbing.

[slick132]

Hi Beachy,

 

Clearly, waiting 8 month's for the ICO to help was a fat lot of good !!

 

One would have hoped they might at least enquire of BC whether any data beyond 6 years still exists.

 

Personally, I'd reply to the ICO and ask if they have, in fact, satisfied themselves that BC have actually destroyed any older data.

 

Surely, the point is not whether it is reasonable for BC to only keep records for 6 years. It is whether BC have, in fact, provided you with all the a/c data they have, in response to your SAR.

 

It looks to me like the ICO have not even approached BC.

[beachcomber60]

Thanks Slick,

 

My thoughts exactly, by the wording of their letter they have not even bothered to approach BC, I have already responded to this letter (didnt hold back in what I said either!).

 

Have asked that the complaint isnt closed & have appealed their decision, quoting that BC's microfiche system is a relevent filing system & I enclosed a copy of the ICO's letter to BC dated 15th December 2006 where they state that the ICO considers the microfiche system IS a relevent system under the DPA.

 

Have also point out that since Nov '08 until Aug '09 BC have maintained that statements older than six years ARE on microfiche & they arent obliged to supply them under the act - HOWEVER, after they admitted

misselling PPI when pressed for the missing statements, so I could evaluate the true amount of my ppi claim, they replied that the statements had been destroyed 'in line with group policy'.

 

Have also taken alanalana's advice and filed a complaint to the FSA & although the FOS have recently upheld my ppi complaint (more power to the elbow ready for court action after Xmas) I have also raised a second complaint regarding chasing a debt whilst in dispute ( BC have kindly put it in writing that a dispute does exist), adding monthly interest & late charges, two DN's from Mercers (in the space of three months for the same account), three threats of Doorstep collectors & a formal demand for the fully balance from Calders.

 

FOS also wants me to sign a ppi settlement acceptance form BEFORE BC makes a refund offer (already rejected this & told the FOS I will sign if & when BC makes an offer that is exceptable).

 

Me thinks county court will be busy with this one

 

Beachy

[livingdeadguy]

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?

[pompeyfaith]

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

[beachcomber60]

D'OH - Pompey beat me

 

Morning PF

[livingdeadguy]

Thanks Guys

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

[beachcomber60]

Thanks Guys

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

 

My turn to beat Pompey

 

The image button is the yellow box with the mountain & sun image (4th button from the right).

 

Beachy

[livingdeadguy]

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

[garyca]

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

[beachcomber60]

Update to the second barclayloan (Business) ppi, they have had eight weeks (expired last week) however received a letter this morning stating that they are still investigating complaint and next update will be 12th July 2009, am now able to complain the FOS if I do not accept their latest response.

 

Beachy

 

 

Didn't start a seperate thread on the above loan, however, I did complain to the FOS & have just received a letter from them upholding my complaint & Barclays to refund the PPI, althouth the FOS want me to sign an acceptence form BEFORE Barclays provide the settlement figure.

 

Beachy