Beachy v Barclaycard/Mercers take 2

[pompeyfaith]

Beachy,

 

Well Done I am glad that you eventually got a bit of good news now if you sign the acceptance form remember that this is only that you accept the FOS findings so after signing this if you are not happy with the level of redress that barclays gave you be sure to let the FOS know so they can follow it up.

 

Once again Well Done

 

Regards

 

PF

[beachcomber60]

Thanks Pompey,

 

Let this one tick along with a gentle prod now & again whilst I fought Barclaycard.

 

My concern is that the FOS form states that I'm signing to confirm Barclays offer & in full and final settlement of my complaint.

 

Obviously if Barclays try & pull a fast one like Barclaycard have done I still

want the option to reject the settlement.

 

Also as my complaints still havent been resolved regarding Barclaycard I dont want them to offset this claim towards the Barclaycards, my business account has been denied this money & I really need it for business purposes.

 

As always

 

Beachy

[beachcomber60]

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

[pompeyfaith]

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

[pompeyfaith]

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

[beachcomber60]

Thanks PF,

 

trying to reclaim from 1998 - 2004 when I found out it wasnt compulsary

 

off to see Santa by Steam in Buckfastleigh devon now

 

 

Hoo hoo hoo

 

(ba humbug)

 

Beachy

[beachcomber60]

Well, quick reply from the ICO - they will not reopen my complaint & feel that they have satisfied themselves that they have answered my complaint (they have still not contacted BC).

 

quote 'It may be helpful to explain that when making an assessment the Commissioner only has to give his opinion as to whether a data controller is likely or unlikely to have complied with the DPA. His view is based on the balance of probabilities and he is under no obligation to establish what has happened beyond doubt.

 

You believe Barclaycard holds further information that you are entitled to and that they are deliberately trying to withold. But having reviewed the matter, there is no evidence to suggest that this is the case.

 

Barclaycard confirmed to you that data older than six years has been destroyed and there is no evidence to suggest they would tell us otherwise if we approached them. (November '08 BC stated that statements older than six years were held on microfiche and wasnt part of DPA, during my PPI complaint they still maintained that stance, however, after admitting PPI mis selling they stated that statements older than six years were destroyed 'in line with group policy'. They have failed to provide evidence when requested, as to when, where and by what means this data was destroyed, the only response I got was - we are sorry you are disappointed that we have destroyed your data).

 

Where parties provide opposing views (they havent approached BC, so how could they provide their view?) and there is no evidence to support either view, we will usually give the benefit of doubt to the party whose processing has been called into question'. end quote

 

Feel going to the ICO was a complete waste of time, I have waited eight months to get this garbage from them. Huge mistake, should have gone straight to court.

 

Beachy

[slick132]

Hi Beachy,

 

Others may say you should pursue this no further.

 

However, I'd be inclined to approach the ICO again to ask why they won't ask BC if the older data is still available on microfiche, which has already been confirmed as a relevant storage facility for the purposes of the DP Act by the ICO.

 

Up to you, of course.

[WebMaster]

I had a similar response from the ICO about a month ago - complete waste of time for me too. By the time I got their response, BC had already admitted to having older data on microfiche anyway.

 

I don't understand how they can give such a pathetic, feeble answer

[beachcomber60]

Thanks Slick, Webmaster,

 

Just weighing up best way to deal with this one - sure as hell ain't giving up!

 

As I said previously, when I initially requested all statements they stated they had it stored on microfiche and as such wasnt a relevent filing system so I cant have it.

 

However, after admitting mis-selling PPI they then said sorry your data over six years old has been destroyed in line with group policy, they wont provide evidence to confirm this, I am pretty sure they still have it but wont release it.

 

I cannot understand the ICO response & why they have found in their favour without even contacting them.

[slick132]

Beachy, what annoys me is the ICO doesn't even appear to have "found in BC's favour".

 

More like "We think BC would tell us it's been destroyed, so we'll not bother asking."

 

You shouldn't need to take their hand and lead them to the Microfiche scenario, but, if that's what it takes ......

[WebMaster]

If it's any help Beachy, when I sent BC a SAR, they gave me 6 years worth and said 'this is all we have'. I knew that to be a lie, so just launched a court claim. When they submitted a defence, this admitted that data was held on microfiche, but claimed they didn't have to reveal it.

 

They offered to settle out of court a month before the hearing: they'd give me the microfiche data if I signed a confidentiality agreement. I rejected that, and they sent the data anyway.

 

Bankfodder was a huge help on this one, and correctly predicted that there was no way BC would let the case reach court, partly because the blatant lies that BC had told me would come out

[the_shadow]

Beachy, what annoys me is the ICO doesn't even appear to have "found in BC's favour".

 

More like "We think BC would tell us it's been destroyed, so we'll not bother asking."

 

Hmmm perhaps this is there way of clearing the backlog so they can report better stats at end of financial year? or perhaps Barclays are just stonewalling the ICO after so many complaints made against them and hence the ICO doesnt want to go legal on them

 

They have to be one of the most inefficient depts around.

 

S.

[WebMaster]

As for "we believe it is standard industry practice for a bank to retain only 6 years worth of data", this certainly isn't the case for BC and HSBC (8 years, perhaps more), and I'm sure the ICO must know this, given they've previously investigated this (see the sticky thread in this forum)

[MARTIN3030]

One way might be asking a Court to order its disclosure and/or an order that Barclaycard provide a signed statement of truth to say that they do not keep account statements more than 6 years old.

[beachcomber60]

Thanks everyone, I am so tempted to file a N1 now.

 

The only thing thats bugging me is that they have recently stated that my data has been destroyed in line with group policy, I have asked for proof as to when, where, how & by whom - but all I got back was a letter saying they are sorry I wasnt happy that my data has been destroyed.

 

Interesting, about six weeks after that letter I received my 1998 Application form - copied from a microfiche file

[beachcomber60]

As the FOS has found in my favour & instructed Barclays to cough up, I thought I'd give them a reminder on Friday & duly phoned Barclays for an update - was left fuming!

 

Firstly the 'Customer Service Manager' couldnt find any record of my complaint - after many questions he found it, reason? Barclays had changed the complaint ref. no. for the third time!

 

I was then told that the last correspondence was June '09, my reply was 'thats strange because I have letters in front of me dated July, August & September stating you need more time!

 

"Ah thats still the case, we are still investigating your complaint please be patient as because of the media hype regarding ppi we are getting about 2,000 claims a week, but you do have the option to take the complaint to the FOS".

 

I have a letter in front of me from the FOS .....

 

" Oh you've already raised a complaint with the Ombudsman, in that case they'll be in touch with Barclays and will report back to you with their decision"

 

Please let me finish - my complaint has been with the FOS for sometime & the letter I am holding states that the Ombudsman finds in my favour and has written to Barclays to inform them to refund the premiums & interest.

 

"ah oh well theres nothing from them yet & my screen states its still under investigation so its going to be awhile yet"

 

How long seeing as my complaint has been

upheld?

 

" Mr Beachy thank you for your patience but it is impossible to give any time, all I can say its not going to be anytime soon - as I said its still under investigation & we need to contact various departments within Barclays as to whether it was sold in branch or over the phone".

 

Left me bl**dy fuming !

[pompeyfaith]

Beachy,

 

This is shear incompetance and they have warned that there will be stiff penalties for companies that do not get their house in order by the FSA so i think you should be reporting there stalling tactics to the FSA PF

[beachcomber60]

Mornin PF

 

I fully intend to, this time I remembered to make a note of the idiots name

 

Good luck with your Coop/FOS

 

 

 

 

'B'

[pompeyfaith]

ive just posted the latest letter i got today from the FOS as 4 you there is a link to an FSA Report regarding the above ill post it up 4 u this afternoon as it will be worth you quoting it in a letter to the bank and keeping the presure on them and as i said also letting the FSA know PF

[beachcomber60]

Cheers Pompey,

 

On way home now, trying to get finished by 5, 'entertaining' the grandchildren this afternoon so need plenty of 'shut eye' first

 

Beachy

[pompeyfaith]

Greetings Beachy,

 

As promised the FSA report I mentioned early this morning is below:

 

CP09/23: The assessment and redress of payment protection insurance complaints

 

Regards

 

PF

[beachcomber60]

Mornin' Pompey,

 

Thanks for the link, interesting read - much appreciated.

 

A few stroppy letters going in the post later today

 

Beachy

[beachcomber60]

Just to bring this thread up to date, I sent Barclaycard a final Letter Before Action, and the following was their response:-

 

Response.jpg picture by beachcomber49 - Photobucket

 

I fail to see why I should part with another £10 & submit yet another SAR after doing so in November '08.

 

In addition I asked why I couldnt log on to the account and asked if the account has been terminated as Calders last threat-o-gram was asking for the full amount - even though my complaint is with the FOS over mis sold PPI - admitted by BC & upheld by the FOS (they failed to reply to that part).

 

Just so happens that the postman also brought the court claim forms for me to take them to court, so it looks like game on.

 

Beachy

[beachcomber60]

Mornin' Pompey,

 

Thanks for the link, interesting read - much appreciated.

 

A few stroppy letters going in the post later today

 

Beachy

 

 

* * * BATTLE WON * * *

 

Logged onto my account this morning and noticed a credit to my account of £1,485 from '1 Church Hill Place and an entry beside it 'We are sorry'

 

Working out the figures indicate that its settlement of this PPI complaint (about £30 more than I actually calculated).

 

Thanks for all the support, special thanks to PF for his help and the link in his last post (using that in my final letter seems to have had the desired effect in getting them to cough up).

 

Site Team please amend thread to * * * Won * * *.

 

A word of caution though, as the FOS upheld my compliant I had to sign a settlement 'acceptance' with the FOS before they would pass it to Barclays, now, I understand that the bank is supposed to make an offer outlining the refund before final settlement - in this case clearly wasn't done as I have not received any notification whatsever, was quite surprised on checking my account balance.

 

In this case I am delighted as it's slightly more then expected.

 

 

 

Once again thanks to all concerned

 

Keep the faith & FIGHT

 

Beachy

Edited January 29, 2010 by beachcomber60
Deleted reference to barclaycard due to 'Guests' viewing