BarclayCard (formerly Morgan Stanley) Unlawful PPI and unable to access account

[nellyM029]

Hi Everyone,

 

I have been looking at the threads and feel my issue is quite unique so hoping it is okay to start a new thread and ask for help.

 

I am wondering what kind of claim I can make with barclaycard.

 

I got a Morgan Stanley Crredit Card in 2001 - with PPI. I was a student here and also thought it would help my credit rating.

 

In 2006 I changed addresses and cancelled PPI but MS asked for faxed copies of address etc before i changed it. I sent several faxes etc but they never recieved them.

 

They froze my card due to returned mail - I have always maintained minimum payment although I cannot access account.

 

When it transferred to Barclays I lost total access to the account (although I have a barclaycard in current address) and maintained minimum payment.

 

I've since got in financial difficulty - my cedit cards increasing APR and me being an idiot and using them. I have been trying to access the account.

 

I finally did at the end of March by entering a branch. the manager was lovely - I found out my balance was twice as much as expected at £3999. I have been payin mg PPI although I was sure I had cancelled it - and at £30 a month my balance has actually been going up even though I have maintained minimum payments and not used it in years.

 

She logged a complaint on my behalf but when I called for an update they said they wouldn have a solution until end of May.

 

Ideally my finances being what they are and the fact that I think they are evil how can I maximise this complaint?

 

 

Any help is very very very appreciated

[nellyM029]

I should say I think I was a student when I applied but I only know I got thr card in 2001 I don't know when the PPI was added but I assume it was at the start of the agreement ...

[rebel11]

It might be an idea to send all your bank and credit card providers a SAR if

you've had any PPI or late charges. That way you can see what charges have been applied to the account.

Each SAR will cost you £10.

[patrickq1]

got a Morgan Stanley Crredit Card in 2001 - with PPI. I was a student

you are entitled to all PPI payments to be returned to you forthwith,you will also find MS HAD NO CONTRACT or very few contracts during that year...as for the PPI you would never have been able to make a claim on it being a student.

so firstly you need to send a CCA REQUEST TO BARCLAYS AND MORGAN STANLEY i would send it to both why because Barclays will only have limited paperwork and MORGAN STANLEY will have limited paperwork...so send to both along with your £1.00 payment send both letters registered post,and sit back and wait for their replys then we can help you with all the tools you need..but you PPI is definitely been sold to you without them telling you it is unclaimable for students....

[slick132]

Hi Nelly,

 

I agree that you should send a SAR if you don't have all your a/c statements for the last 6 years - http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

Also send a CCA request but only to BC - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter It's up to them to provide the original agreement and you don't need to seek it from MS (who no longer exist).

 

PPI should be reclaimed in full plus interest at the bank's contractual rate. Read more about this in the Interest Tutorial at Link No6 in my signature below.

 

Finally, any penalty charges added to the a/c can be reclaimed in full, plus interest at the contractual rate.

 

[patrickq1]

thanks slick

patrickq1

MORGAN STANLEY DO STILL EXISTS AND HAVE TO KEEP THE RECORDS OF ALL THE CARD DATA ,

THEY ARE AN INVESTMENT STRATEGY COMPANY NOW AND OUT OF THE CARD BUSINESS ...

THE ADDRESSES OF MORGAN STANLEY, THE CARD SERVICES COMPANY WAS GLASGOW...

London

Morgan Stanley & Co. International plc

Company Number 2068222

25 Cabot Square, Canary Wharf

London E14 4QA England

Tel: (44 20) 7425 8000

Fax: (44 20) 7425 8990

Authorized and Regulated by the UK Financial Services Authority

Registration Number 165935

VAT 524 2526 68

 

London

Morgan Stanley & Co. Limited

Company Number 2164628

25 Cabot Square, Canary Wharf

London E14 4QA England

Tel: (44 20) 7425-8000

Fax: (44 20) 7425-8990

Authorized and Regulated by the UK Financial Services Authority

Registration Number 165934

VAT 524 2526 68

London

Morgan Stanley Securities Limited

Company Number 2068221

25 Cabot Square, Canary Wharf

London E14 4QA England

Tel: (44 20) 7425-8000

Fax: (44 20) 7425-8990

Authorized and Regulated by the UK Financial Services Authority

Registration Number 139238

VAT 524 2526 68

 

London

Morgan Stanley Bank International Limited

Company Number 3722571

25 Cabot Square, Canary Wharf

London E14 4QA England

Tel: (44 20) 7425-8000

Fax: (44 20) 7425-8990

Authorized and Regulated by the UK Financial Services Authority

Registration Number 195430

VAT 524 2526 68

Glasgow

Glasgow (ISS)

The Cerium Building, 55 Douglas Street

Glasgow G2 7NP

Tel: +44 (0) 141 245-8000

Fax: +44 (0) 141 245-7493

[Desperate Daniella]

A 2001 MS agreement is unlikely to be enforceable. They are currently playing cut and paste with their agreements to make them appear so.

 

When you get it, remove all your personal details and post it up and we'll have a look at it for you.

 

If it's unenforceable it puts you in a good position to negotiate with them.

 

DD

[patrickq1]

NEGOTIATE Danniella lol...might as well talk to the wall,but saying that i do strongly beleive that BARCLAYS know they have bought a pig in a poke concerning MORGANS DEBTS i beleive it was in the region of £0.03 pence in the pound for the debts....,yes i think we will find the cutting room at Barclays is busy due to the paster being drunk and incapable of keepin a straight line hehe

patrickq1

ps i would nt negotiate a single cent wiv barclays come hell or high water,but that is me

[Desperate Daniella]

If you hang out long enough, Patrick, and keep knocking back the debt collectors they do start offering discounts - after a year or so - and this may be when they know they don't have enforceable agreements. I don't have the money to negotiate anything at the moment, but if I do and can agree to settle the accounts for a low percentage and have defaults removed then I will do that.

 

In the meantime, I'm hoping some of the card companies will be so discredited by the cut and paste jobs, re-creating documents, etc. (Shakespeare and Amex ) it could be much easier to get them to back down if you are on CAG and know your rights.

 

I've seen so many variations on the MSDW agreements - another cagger and I applied on the same day and received the copies of our so-called agreements (application forms). He had 11 questions but I only had nine.

[patrickq1]

my beef with MORGAN STANLEY ISNT over money as such it was the fact that they were charging me twice for the same PPI and on secondary illness that occured they refused to even look at the claim....in fact so much so is that their was no secondary PPI company receiving the benefits of the secondary payments,now MS denied their was a secondary PPI payments but i have the second PPI on some 36 statements ? now they wont talk to me gggrr but due to begin action very soon due to HFO puting a black mark on our credit so i have to take HFO to court and MS will have to be witness to this since HFO CAPITAL (CAYMEN) dont exist ,another story lol

[patrickq1]

any update on this ?