Barclaycard PPI but Claim Form Now Received

[gem77]

Hi

I hope some one can help me here.

 

My situation in brief.

 

Had a BC our financial situation changed dramaticly so could afford repayments went through the usual DCA's etc.

 

i got a copy of my CCA and relised i had told them i was self employed but also ticked i wanted PPI.

obviously not relising it would not apply to me but they set it up any way.

 

Sent SAR asking for All statements right back to beginning which was 1999 but as usual they only sent 6 years.

 

the first statement had ppi on of about £40 but none there after which is obviously when i cancelled it.

 

All this was back in november last year.

 

Had a very hectic year in and out of hospital and having new baby plus BC went very quiet so didnt want to rock the boat as couldnt afford to pay them.

 

Today i recieve a letter from MKRR threatening court action.

 

I am going to offer token payments to them but also think i should start up my ppi claim again as it could significantly reduce the debt.

 

So my question is

 

how do i actually go about getting my statements from beyond 6 years and do i now ask MKRR or still BC?

 

Hope that explains it all ok.

 

Many thanks

[dx100uk]

always the OC

 

and there has been success with BC statements to have a look in the barclaycard forum

 

dx

[gem77]

I have had a look through just cant find any going beyond 6 years.

 

Will have another look.

 

I know it's possible as a friend told me she knows people that have claimed ppi way beyond 6 years

but have used a middle man which i dont want to do as im sure i can do it myself as i have with bank charges in the past

plus want as much as i can to decrease the balance as much as i can or may even wipe it completely.

[gem77]

ok here's a thought.

 

could i write and say to BC you still not sent me my statements from 1999 to the date of the first statement sent.

(dont know off the top of my head but will check) and use the s32(1)© Limitations Act 1980 as i didnt relise till i got my CCA

at the end of last year that i had cause to claim.

 

Making it known to them that I am aiming to claim my ppi back.

 

Am i right in thinking that its 6 years from when i relised i could make a claim?

[firstship]

Banks are trying to hide behind the 6year excuse,dont have any of it, claim back from day one.

 

You are aware from the small amount of PPI as a result of your SAR,it gives you an indication of the payments and interest charged.

 

Set up your spread sheet and take an estimate of PPI payments plus interest for the period commencing 1999 to the date you cancelled PPI send this with your letter to Barclaycard stating as they are unable to assist you have estimated the payments and the interest etc and give your reason for the claim ie they accepted PPI knowing you where self employed.I think you will find they will sort something out.

 

If you wish tell MKRR that there is a PPI dispute with Barclaycard,when this is resolved you will contact them should you consider the need arises (or pay them £1 a month until the PPI is resolved) up to you on this one.

 

FS

[gem77]

Thanks for the response FS. I will get right on it. how should i estimate the ppi as im sure it was calculated per £1 i owed?

 

Will send a letter to MKRR as well stating it is in dispute just incase they do decide to refer it to court. Went to court with MBNA and hated every moment of it so would liketo avoid it if possible.

[dx100uk]

see the shelly thread

 

dx

[firstship]

shelly181146 thread as dx100uk states read this it covers all points

 

FS

[gem77]

Think i have just been looking through that one and subbed to it

[african_igbo]

I have a claim with Barclaycard and its goes back to 1997/8.

 

They are continuing there investigations, but need to locate my policy but I did have a DPA copy of a statement to work alongside.

 

It does not matter how long but they did state that 10 Year rule is possible, as a defence, but anyway I am still waiting on Barclaycard next response .

 

FOS where sent s copy of the correspondence.

[gem77]

Thanks for the post African_igbo. I only have the last statement that PPI was on before i cancelled it. But they did have my CCA/ application on file and were quick enough to send me that so im sure they have the rest. but no doubt they will try to prolong it.

[gem77]

Right I have scrolled through shelly's thead but still cant find how i should estimate the ppi as she seemed to have all her statements.

 

do I just put the same amount for all of them or maybe reduce them the further back i go.

 

Sorry to be a pain my mind has just gone blank on what i should estimate it at as they charged me so much for each pound owed?

very confused!

 

Or should I write to BC stating I am making a claim for the mis sold PPI

and would like the statements the did not send me or i shall have no option but to estimate it.

[ims21]

Hi

 

Unless you want to issue against BC for non compliance of a SAR then a pure estimate is the only way you can go.

 

You can complete a compound interest spreadsheet and use a figure,say, of £40- £60 for each month you want to claim for. They will soon tell you if they disagree but to do so they would need the information they haven't sent you. In that case there would be the evidence that they haven't complied with the SAR.

 

Don't be put off by the statement that they can't find a policy...that is not relevant....you have a piece of evidence confirming that PPI was being charged.

 

ims

[gem77]

Thanks ims thats exactly what i wanted to know. so i can put the same amount from the last ppi payment each month all the way back to 1999 when i first had the card. Do i use the interest rate they last used or that they first used?

 

Also in the letter should i state what my evidence is that it was miss sold? which is the CCA that although i ticked i wanted ppi it clearly states i was self employed?

[ims21]

Hi

 

I would use the average of the two known rates myself.

 

Your letter should contain brief reasons why you were mis-sold and also enclose a copy of your spreadie and a completed fos consumer questionnaire.

 

ims

[gem77]

Thats great ims thank you. Found all the bits of paper so going to get right on it.

[ims21]

 

Good luck

 

ims

[gem77]

Ok spreddie is done and it comes to more than enough to clear the debt so thats good. Just to clarify the 8% can be added if i open a court case right? I cant ask for it before then can i? And that is on top of the compound interest?

 

cheers for the advice. x

[ims21]

Hi

 

Don't need to mention 8% at the mo......you'll find that when they make the offer they should add it in accordance with fos guidelines.

 

For the mo just send off the stuff as it is.

 

Regards

 

ims

[gem77]

okey dokey will do.

 

thanks again.

xxx

[gem77]

OK Got a letter back from MKRR in response to my account in dispute will pay you £1 a month till its resolved letter. |They want me to submit a I & E form so they can decide whether to accept my proposal.

 

I know only a court can demand this so what should be my next move. How do I respond to them?

[gem77]

Got a letter back from BC stating they cant find a policy number so are assuming I didnt have a policy. They seem to think that is the end of it. I have no idea what the policy number was dont think i was ever shown one. What should be my next move?

[ims21]

Got a letter back from BC stating they cant find a policy number so are assuming I didnt have a policy. They seem to think that is the end of it. I have no idea what the policy number was dont think i was ever shown one. What should be my next move?

 

Wrtite back to them saying that you clearly did have a policy since they were taking premiums from your account. Send them a copy of a couple of statements where the PPI preium clearly shows.

 

ims

[gem77]

Ok thanks IMS. I only have 1 statement though as they conveniently sent me the ones after i cancelled the ppi all but the last one anyway. will that still be enough?

[ims21]

Yes it will

 

It shows without dobt that PPI was charged to the account. It matters not that they can't find a policy. If there is no policy you need to ask them what they were playing at taking a premium when no policy was in place.

 

Indeed, if they were taking premiums from you and did not have a plocy in place for you then that is more serios than PPI mis-selling IMHO

 

ims