Barclays Personal Loan PPI Claim

[Master Chief]

It does mean I'm a fellow gamer lol

 

[Master Chief]

Hi MC

 

See my answers in red

 

I'm out till about 9pm tonight but will be back on-line then

 

Regards

 

ims

 

 

Thanks again ims, as always you are a star.

 

It is very reassuring that you have checked my calculations and to know that I'm not a complete maths numpty.

 

So, as rergards the track, is this something that is open to argument? One would have thought that it should be fairly black and white, but not being very familiar with these things, what do I know!

 

I guess a suitable tactic would be to include a reduced 'without predujice save as to costs' offer along with the prelim' letter and SOC, so Mr DJ can see that we did try to avoid going to court, which should have positive cost implications.

 

MC

[ims21]

Hi

 

Maybe PM andyorch as he's good on the legals and the detail on that front.....very helpful.

 

Regards

 

ims

[Master Chief]

Hi

 

Maybe PM andyorch as he's good on the legals and the detail on that front.....very helpful.

 

Regards

 

ims

 

Hi ims,

 

Thanks for the advice. I'll wait to see what the victim wants to do, which I think is going to boil down to the likelyhood of a sucessful court claim, and give andyorch a shout if need be.

 

I'm just waiting for the SAR to come back so that I can check a few details, mainly how much they paid out on the PPI insurance before pulling the plug, which is believed to be one or maybe two months tops.

 

Cheers again,

 

MC

[Master Chief]

Hi all, just an update on this.

 

Barclays have failed to respond in any way, shape or form to the DSAR. I beleive the 40 days were up today (possibly earlier). So where do we go from here? We were waiting on the SAR to do final calculations i.e. what they had paid back on the policy, which we beleive to be one months loan payment, before they pulled the plug on the basis that he was self employed (despite him being self employed from the outset).

 

Complaint to the ICO & proceed with the claim and argue the figures later?

 

IMS, anyone?

 

Thanks.

[ims21]

Hi

 

Personally I would write to the lender informaing them that they are now in breach of the DPA and that you require the requested information within 14 days. Failure to comply with the ACT will result in a formal complaint to the ICO and that you may also take court action to force compliance and seek damages at the court's discretion.

 

ims

[Master Chief]

Hi

 

Personally I would write to the lender informaing them that they are now in breach of the DPA and that you require the requested information within 14 days. Failure to comply with the ACT will result in a formal complaint to the ICO and that you may also take court action to force compliance and seek damages at the court's discretion.

 

ims

 

Thanks for the advice ims, I guessed it would be something along those lines, but wanted to check. I'll get on it and report back as soon as there is any news.

 

regards,

 

mc

[ims21]

[WFLOSS]

Hi

Had exactly the same problem with my SAR.

Wrote and called Barclays -they returned the letter with 'wrong account number' scribbled across it!

When I called they did not grasp the issue around not fulfilling the SAR on time, but they did give me a complaint number and as I ha d said this was in relation to PPI, they said this started the clock ticking. Also said theior PPI people would contact me - that hasn't happened.

Received the SAR on 14 Nov requested it on 7 Sept.

I would advise writing but also ringing their complaints team and registering a PPI complaint so at least while you are waiting for your SAR , the 8 weeks they have to respond has started .

I submitted my questionnaire last week and referenced the PPI complaint number and gave them 8 weeks from that date to respond.

 

I think getting a complaint reference was the key to getting my data as writing had no effect in my case as tje SAR turned up a week after I made the call.

 

Good luck

 

Regards

W

[Master Chief]

Hi again, long time no post as I've been super busy with work and other stuff.

 

Barclays are still ignoring the DSAR request. I sent a letter 20/02 giving them a further 14 days to comply or further action would be taken without further notice; still nothing!

 

So do we issue a court claim? Plus damages? Some help here please to get me started.

 

Thanks

 

MC

[ims21]

Hi MC

 

Good to hear from you.

 

So no response to the SAR then?

 

I would now send them a 7 day lba and then issue in court to force compliance

 

Here is a thread which deals with a "failed SAR Court Action" which you might like to read

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**

 

It will outline the steps to take to get them into court for non-compliance

 

ims

[Master Chief]

Hi MC

 

Good to hear from you.

 

So no response to the SAR then?

 

I would now send them a 7 day lba and then issue in court to force compliance

 

Here is a thread which deals with a "failed SAR Court Action" which you might like to read

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**

 

It will outline the steps to take to get them into court for non-compliance

 

ims

 

Hi ims,

 

Good to hear from you too, hope you are keeping well. Once again, thanks for jumping to my aid.

 

Nope, deafening silence from Sharklys.

 

I've just emailed a fromal complaint to the ICO, can we still send an lba?

 

Thanks for the link, I shall digest.

 

Thanks,

 

MC

[ims21]

Hi ims,

 

Good to hear from you too, hope you are keeping well. Once again, thanks for jumping to my aid.

 

Nope, deafening silence from Sharklys.

 

I've just emailed a fromal complaint to the ICO, can we still send an lba?

 

Thanks for the link, I shall digest.

 

Thanks,

 

MC

 

 

Ah ok...didn't know you'd e-mailed.

 

Maybe see what the produces first but if nothing then I would issue if it were me.

 

ims

[Master Chief]

Hi ims,

 

Hope you are well and apologies for the extreme delay in updating this thread.

 

The current situation is that, following the complaint to the ICO, we received the DSAR from Sharklys (7 months after the original request).

 

All of the required info appears to be present, but it has thrown some light on something quite odd. On the loan account statement, there are three consecutive payments made from: BIDL CLM SERV A/C to the loan account. Which we assume is when they paid the monthly loan payment as a result of the insurance claim, before Sharklays refused to make any further payments. But, and it is a big but, they were still taking the payments from his current account as well!

 

The three payments made from BIDL CLM SERV A/C in July/Aug/Sep 2002 are all followed by the usual Standing Order payment; a check on the current account statements of the same period confirms that the payments went out as usual (despite the insurance claim).

 

A bit naughty don't you think!

 

How does this impact the reclaim? I must admit to being totally confused now as a result of this and am not sure how to apply the payments to the spread sheet.

 

Any advice greatfully received.

 

 

Regards,

 

MC

[Master Chief]

BUMP

 

ims, anyone?

[ims21]

Hi

 

So the insurance paid out and the bank still took payments as normal. Very naughty.

 

However this will not affect the claim.....the money was still paid by the claimant and he wants it back. Think of it as what money he actually paid out and that is what he wants back. The fact that the insurance paid out too is up to them to sort out.

 

So just proceed as normal.

 

I see you were debating the court or fos route. As has been said, you need to consider the implications of costs should a court case be lost (given the quantum of the claim). In a court action the onus of proof of mis-selling will be on the claimant.

[Master Chief]

Hi ims and thanks for your reply. OK that is clearer.

 

Yes that has been some umming and ahhing as regards which route to take and the claimants decision is to go via the FOS.

 

As I have been out of the loop for some time, I'm a tad rusty on the process, but will re-read the necessary info.

 

I guess I need to complete the stat interest excel sheet, complete the FOS questionaire and send it off to Sharklys.

 

Just one question if I may, as regards what the insurance paid out, do I just deduct what they paid from the final figure on the stat interest excel sheet?

 

Thanks again ims for your help and advice.

 

MC

[ims21]

Hi

 

Yes fos questionnaire, spreadsheet and brief covering letter.

 

And yes just make a deduction for the amounts received.

[Master Chief]

Hi

 

Yes fos questionnaire, spreadsheet and brief covering letter.

 

And yes just make a deduction for the amounts received.

 

 

Thanks agian ims.

[Master Chief]

Ok, so we have received a response and I'm now not sure how to proceed.

 

The claimant received two letters of acknowledgement, intially we thought that one was just a duplicate. But now he has received a further letter, which rejects the claim on the second loan on the basis that there was no PPI on it.

 

So it looks like they have split the claim into two; hence the two acknowledgements and the final response as regards the second loan.

 

It sems to me that as Barclays won't be offering a repayment on the rolled over portion of PPI, then the whole claim has not been dealt with properly.

 

Do we have to wait for the response on loan one before going to the FOS or should we proceed with a complaint to them?

 

Cheers,

 

MC

[Master Chief]

Update:

 

it seems that Barclays have stumped up part of a refund (on loan 1) to the tune of around £2,500. However, we are still short the rolled over portion, amounting to approximately £300.

 

 

Interestingly, although Barclays wrote saying that they rejected a refund on loan two, they have not written to confirm the claim/payment that they made on loan 1; which was probably two weeks ago.

 

You would think that they would would write and explain the payment made. So I am wondering why they haven't, perhaps they are leaving us in the dark until the time limit to complain to the FOS has expired?

 

Some advice please would be greatfuly appreciated. i.e should we forge ahead with a complaint to the FOS or wait until the deadline has expired for Barclays to respond to the PPI claim?

 

I'm inclined to go to the FOS now as they have rejected the loan 1 portion, which means that our claim will not be fully dealt with. ????????

 

Thanks in advance.

[ims21]

If it were me I'd write to them demanding the detail of the refund they have made so you can see exactly what is included.

 

You have six months from a written final decision to refer to fos OR if they have not dealt with your PPI complaint within 8 weeks.

[Master Chief]

If it were me I'd write to them demanding the detail of the refund they have made so you can see exactly what is included.

 

You have six months from a written final decision to refer to fos OR if they have not dealt with your PPI complaint within 8 weeks.

 

 

Thanks once again ims. I will follow your advice and report back as and when.

 

Cheers,

 

MC