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PPI Barclaycard Platinum & Mastercard claim


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Hi

 

I sent a reclaim for PPI in respect of Barclaycard Platinum and Mastercard credit cards in July this year. I applied for the cards by post in 1995 and had ticked the PPI but there was no information provided with the application form regarding exactly what the ppi covered and exclusions and I did not subsequently receive any information after receiving the credit cards. At the time I took the cards out I had been employed for 5 months ans my work paid 6 months full pay and 6 months half pay sick pay.

 

I have received a reply stating they are not upholding my complaint

 

"we have identified that your application for PPI was submitted by post at the point of applying for PPI, the process required you to select the specific type of cover you required. In this case you positively selected the product

 

In addition, we have conducted a review of the documentation you viewed during the sale. We are satisfied that the documentation presented accurately described the scope of the policy, and was sufficient to provide you with all the information necessary to inform you of the terms and conditions of the policy.

 

As a result we are not able to uphold your complaint"

 

They have stated I can go to the FOS and they will not enter into further correspondence regarding the complaint

 

The trouble is I have not received any documentation that accurately described the PPI, and I only have a copy of the application mailer when I applied for the cards. The application form gives no details regarding the PPI policy

 

Should I now refer the matter to the FOS directly and if so, shoulkd I send a covering letter to explain why I feel barclaycard are wrong.

 

If anyone can ponit me to any suceessful cases that are simular to mine, I would be eternally grateful!

 

thanks

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Hi

 

If they have given their final response I wouldn't bother writing back to them personally.

 

When you submitted your claim, did you send BC a completed fos questionnaire?

 

ims

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yes I sent a completed fos form but they don't appear to have read it! - mentioned lack of documentation supplied to me during and post sale, no mention of cost of policy, my time in employment when applying for policy. I just wanted to give them one last chance before I sent to FOS as I know it realistically could take a couple of years to resolve through FOS.

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Hi

 

You can write back to BC if you wish but be prepared for an answer to the effect that they have given their final response and that is it. You could mention that you never received any documentation to enable you to check the policy which is a failing on their part.

 

Fos can take a long time regrettably but to pass it to fos all you need to do is send them everything you sent BC, including all correspondence between you and BC and maybe a brief covering letter.

 

You can of course go the court route if you are sure of your case.

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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Hi

 

You can write back to BC if you wish but be prepared for an answer to the effect that they have given their final response and that is it. You could mention that you never received any documentation to enable you to check the policy which is a failing on their part.

 

Fos can take a long time regrettably but to pass it to fos all you need to do is send them everything you sent BC, including all correspondence between you and BC and maybe a brief covering letter.

 

You can of course go the court route if you are sure of your case.

 

ims

 

 

thanks, I will send another letter to barclaycard requesting a copy of the original PPI documentation applicable and whether I would have been able to claim if I had only been in employment for 5 months

 

I will also refer them to the guidelines

 

FSA PS10/12

 

Appendix 3

 

"Handling Payment Protection Insurance Complaints"

 

3.3.5 G The firm should not reject a complainant’s account of events solely on the basis that the complainant signed documentation relevant to the purchase of the policy.

 

 

Will keep thread updated.

 

Thanks again

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  • 7 months later...

it's been a long time and lots happened since I posted last. I had my claim fast-tracked through FOS due to being treated for a serious illness. Just got off the phone with adjudicator and my claim is not being upheld due to the fact that I opted for the insurance and he felt that policy was beneficial even though I received decent sick pay from my employer. BUT one on my points of complaint was in regard to the cost of the policy. Barclaycard have been unable to supply any of the policy documents or material relating to the PPI at point of sale. The FOS agree that the cost was not present at the point of sale. The application form DID NOT give the cost of the policy which was 79p per £100. The FOS said that they still thought I would have chosen to have PPI had I known this, but I totally disagree....

 

I am now going to refer the matter further in the FOS due the cost of the PPI not being present at the point of sale and I am considering taking this though to court should the FOS not agree with me.

 

What I need is solid information to back me up on this eg the what sections of law or code of practice I can refer to. I would be so grateful of any help with this as I am determined to win my case.

 

I am also worried about taking this though court due to the costs. I have probably paid approx 3k PPI over the years and the interest due on that would be huge should I win - would this bar me from using the small claims court?

 

thanks for any help with this

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Ask fos on what basis they assume that you would have taken the cover had you been in full possession of the facts.

 

They have agreed with you that not all of the material information was made available to you at the point of sale despite the fact that the bank would have had it somewhere. Why wasn't it made available?

 

Withholding material facts cannot be considered as a fair sale in my view and who are fos to tell you what decision you would have come to.

 

I'd escalate it through fos myself.

 

At the moment the limit for small claims is £5,000 in England and Wales.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Ask fos on what basis they assume that you would have taken the cover had you been in full possession of the facts.

 

They have agreed with you that not all of the material information was made available to you at the point of sale despite the fact that the bank would have had it somewhere. Why wasn't it made available?

 

Withholding material facts cannot be considered as a fair sale in my view and who are fos to tell you what decision you would have come to.

 

I'd escalate it through fos myself.

 

At the moment the limit for small claims is £5,000 in England and Wales.

 

thanks for the quick reply. The adjudicator quoted to me that other companies supplying PPI policies at the time were the same / simular price so I would have still chosen to have the PPI!. I am waiting for the letter to come through stating all the points I had raised. I was a bit flummoxed to say the least when he said that. I will be escalating though the FOS

 

I have had a quick look online for codes of practice in force when I took out my cards, and it would seem that the ABI General Insurance Business Code of Practice for all Intermediaries (1989) applies to my case. I am assuming I quote section E of the code of practice "E. DOCUMENTATION

The intermediary shall not withhold from the policyholder any written evidence or documentation relating to the contract of insurance."

 

Just another quick question regarding the small claims, would the £5000 cover the estimated PPI paid, or would I have to include contactual interest charges?. The cards are still open so the interest could amount to large amounts; potentially tens of thousands

Edited by dizzycloud12
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The limit is or whatever you put in your claim for so you could play with the interest figures to keep things in small claims.

 

You need to bear in mind that the onus of proof of mis-selling (civil burden on the balance of probabilities) would be on you as the claimant in small claims.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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The limit is or whatever you put in your claim for so you could play with the interest figures to keep things in small claims.

 

You need to bear in mind that the onus of proof of mis-selling (civil burden on the balance of probabilities) would be on you as the claimant in small claims.

 

thanks, but I don't think I could keep the figures down below 5k due the period of time involved (almost twenty years). I only have a few statements from approx 2001 but I was paying around £25 a month in PPI on each card. I cannot be sure of the amount I have paid - typically Barclaycards SAR only supplied data for 6 years.

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If you were issuing in court I think it would be wise only to go with a claim on the amounts you can evidence as being paid.

 

Have you ever done a failed SAR letter to try and get more information?

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you were issuing in court I think it would be wise only to go with a claim on the amounts you can evidence as being paid.

 

Have you ever done a failed SAR letter to try and get more information?

 

I did think of that, however I made a claim on the insurance, and the amount to claim if I only considered the period I have statements for would match what I was paid out, so would not be worth doing.

 

I havn't done a failed SAR to try and get more info as I have been a bit ill recently and thought the FOS would be able get Barclaycard to calculate the claim using the information I had (I had another credit card claim in which they used average amount paid for PPI to calculate the claim). I did receive a huge ream of printout which had some info regarding credit limits etc historically, but no statements before 2005/2006. The statements I have come from a SAR in 2007

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I have received the letter from FOS and am now sending a letter back to escalate the claim to an Ombudsman. Interestingly the adjudicator agreed that the policy would not have been recomended to me having reviewed the layout of the application form and that fact I did not speak to a barclaycard employee. They stated that Barclaycard did have an obligation to provide me with adequate information to ensure that I could make an informed choice about the policy. I have referred to the absence of terms and conditions and cost during the application process, and therefore Barclaycard have failed to provide me with this information s I could make an informed choice. I have also pointed out that reference to the terms and conditions of the policy should have been referred to on the application form, which they were not. I have qouted the FSA guidelines from the FSA handbook

 

So now it's a waiting game again .....

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