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    • Just to add there is a scheme called the Victim's Right to Review.  It basically applies to decisions made by the CPS not to go ahead with a prosecution.  It doesn't apply to decisions made by local police forces, but it does say:   19.  Decisions that are not eligible for VRR include: ... iii where the police or other investigator exercises their independent discretion not to investigate or not to investigate a case further (whether in consultation with the CPS or not) and the CPS have not been requested / have been unable to make a final decision to charge. Requests for review of such decisions should instead be addressed to the relevant police force/other investigator; [My bold] Victims' Right to Review Scheme | The Crown Prosecution Service WWW.CPS.GOV.UK   I'm not familiar with the scheme so can't advise - but other posters here may know about it or have experience of it.  You need to read the above link but note that it talks about things that seem to fit your situation.   eg a victim is defined as ‘a person who has made an allegation that they have suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct’.   If you have not already requested that the police review their decision not to pass the case onto the CPS, then I would do so.  If you are not happy with the outcome of that, complain.   I can't advise you definitely to go ahead and ask for a review or complain, but if I were in your situation that is what I would do.  But I tend to agree with BankFodder that you'll get nowhere and, if you are sick and tired of all this and just want it to go away, then just drop the police.  However, if you don't try...   [Apologies for the italic typeface/font - it's the above link causing it.  The italics should have stopped at the end of the third para above ending ' ... criminal conduct'.  I can't change it.  Very annoying]
    • @Manxman in exile I eloped to get with my husband si my husband and siblings never sat together in the same room .   Hes claiming a verbal agreement was made but a verbal agreement doesn't hold any water in the eyes of the law..no agreement was made I was in Leeds with my toddler.    He has made use of the policy , had the luxury of the insurance and reversed the money back and now Aviva are coming after me.   You've summed it up well is there anyone in the group that can help me draft the complaint to the police as I'm flying out first thing tomorrow and my head is all over the place.   My husband me Mr z , my late father and eldest brother were at this meeting supposedly when the verbal agreement was made but yet the officer took a statement off the eldest brother and didn't take it off the husband and based the final decision on the eldest brothers statement and Mr Z and all other evidence which is in written form has been completely dismissed    I'm fighting it all alone coming from an Asian background I am getting taunts and salt is bring rubbed on my wounds its not been a pleasant experience yo say the least trying to prove my innocence and having to listen to the b******* being spouted out by everyone whilst Mr Z is walking away not guilty 
    • I would complain to the police - even if I thought it would go nowhere.  I can't see that you have anything to lose.   I can't tell you the grounds of your complaint because I don't know the details of everything that has happened (you know better than I do)  and because I've found much of the story too difficult to follow.     But - based on everything you have told us - it seems to me that your brother has clearly committed fraud by obtaining the benefit of an insurance policy by falsely misrepresenting that he was opening the policy on your behalf and also by falsely misrepresenting himself - or a third party - as being your husband.  If your brother could not have taken out that policy without making those misrepresentations, then he has committed fraud.  It doesn't matter whether the victim was Aviva or you  and it doesn't matter if the victim realises they've been defrauded or not - the police should investigate it properly.  In this case you are the ultimate victim of the fraud because Aviva are saying that you owe them for the premiums on the policy your brother fraudulently took out, so whether Aviva consider they were the victims of fraud or not is irrelevant - they don't care because you end up as the fall guy.  Point out that this may have ended in a civil dispute over a debt between you and Aviva, but that that debt directly arises as a result of your brother's fraud in claiming to be acting on your behalf and by impersonating your brother.   One of the reasons the police seem to have dropped this case (and this needs to be one of your main grounds of complaint I think) is that they have accepted without question your brother's statement that your husband was somehow involved or in some way agreed to your brother taking this policy out in your name, and the police have simply and uncritically accepted your brother's word on that without ever speaking to your husband, who would vigourously deny it.    (I can't make any better suggestion than that because, to be honest, I don't follow what has happened.  If you never authorised your brother to open this insurance policy at all then I don't understand why the police would place any importance at all on your husband being present at a meeting with your brother.  What did your husband's presence have to do with the insurance policy?  Even if he had been at such meeting (which you say he denies) then how could he authorise anything on your behalf?  None of it makes any sense to me and I can't see why the police would think it did.)   Challenge the police to explain to you why they believe there is insufficient evidence to pass this on to the CPS   I would follow the published complaints procedure of the police force in question and I would also send a copy to your local Police and Crime Commissioner.   I think the main problem here is that (despite what the nice woman PC may have suggested to you) the police have never considered you to be the victim.  You need to demonstrate to them via your complaint that you are the victim here.   One other question: is your husband and are your family supporting you through this, or are you going it alone?
    • The number of firms going bust in September was at its highest since March 2020.View the full article
    • @BankFodder yes but it needs to be without me landing with a default or it affecting my credit rating ?   We have quite a bit to think about let me return from holiday relaxed and recharged ready to attack in a tactful manner    Many thanks 
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Barclaycard rejects claim of misselling PPI from1992


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Hi

I put in a claim last May for mis sold ppi on my barclaycard which I applied for in March 1992

at the time being 19 and living at home with parents no debt to speak of.

 

My recollection of applying for a barclaycard was that I applied by post and there was a tick box to opt out of PPI

(I don't have a copy of any forms as circumstances very much changed and a few house moves)

 

- does anyone have a copy of the application form dating that far back???????

 

I always been covered by employers sickness benefit etc, and hence never claimed on policy

- it was only on recent hype over ppi and higher balance on barclaycard that I noticed the amount of ppi.

 

I decided to make a claim, long story short

barclaycard never came back within their stated time frame which was initially 8 weeks,

then 12 then 16 weeks,

each time I had to write to them for their update.

 

Finally when they didnt meet the 16 week deadline - I sent it to the ombudsman!

 

When barclaycard finallly sent their letter (end of october)

they gave their reasons of that they had reviewed their sales tactics at the time and they were satisfied that it would have been explained that it was optional.

 

weeks The ombudsman are yet to comment as it hasn't been assigned to an adjudicator but is due to be by end of Jan early Feb (hopefully).

 

I was advised by the FOS that I didn't have to keep the policy running and I could cancel the policy if I wanted to which I wrote to Barclaycard in November to ask them to cancel it.

 

As of last week Barclaycard still had not cancelled the policy so I wrote a stinking letter advising them to cancel immediately

and I wasn't surprised how their treatment of their customers meant a couple of extra months policy premium!!!

 

I also advised that I was sending copies of this letter to the FOS showing that they hadn't cancelled the policy even though I'd requested them to!!

 

 

Has anyone had any sucesses with Barclaycard and can anyone confirm the type of application used 20 years ago??

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Hi and welcome to CAG

 

You'll find plenty of successes in respect of Barclaycard in the PPI forum....have a read around.

 

Wouldn't worry about the app form too much as you case is already with fos and provided you gave valid reasons for the mis-sale you should be ok

 

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Welcome to the site.

There has been some reported successes for historical Barclaycard charges and including PPI yes.

I would suggest making a sep thread in the Barclaycard forum making an appeal to anyone who may have a copy of these terms and conditions...or anyone who has been sucessful with a claim that mirrors yours.

 

Insofar as Barclays failing to act on your instructions to cancel the PPI,can you confirm how you requested this and if you have proof of posting/delivery ?

Where did you send it to ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Thanks for your prompt reply with advice, yes I replied to their letter advising that they weren't upholding the complaint - which is where they stated they had noted that my ppi policy was still running and if I wished to cancel it I was to write to the address stated. Which is what I did, and posted with a first class stamp to their customer relations dept at an address in Northampton. I have (last week ) sent a copy of that letter with the letter dated last week to the same address. Hopefully it shows the FOS how shoddy they have been with the customers and failing to deal with a request, maybe because they don't respond after their final decision is issued they have tossed the letter aside. Don't know but I hope I'm sucessful as it would be lovely to get a sum back for some policy that I should never have had and the proof is in the pudding - running for 20 years with no claim!

 

:!:

 

Welcome to the site.

There has been some reported successes for historical Barclaycard charges and including PPI yes.

I would suggest making a sep thread in the Barclaycard forum making an appeal to anyone who may have a copy of these terms and conditions...or anyone who has been sucessful with a claim that mirrors yours.

 

Insofar as Barclays failing to act on your instructions to cancel the PPI,can you confirm how you requested this and if you have proof of posting/delivery ?

Where did you send it to ?

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Pity you did not send recorded delivery so you would have proof of posting and delivery.

Their failure to deal positively and comply with your instructions shows a lack of their duty of care and of course unfair business practices.

This in itself is an issue that you could have them on -of course you will need the proof that they have ignored you.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Barclaycard are so eratic, they are pulling reasons out of the air. I am still waiting for documents for an overdue SAR, from a card taken out in 1994, like you, with PPI, and like you, still running. We were turned down for the pre 2001 reason, which they used for a little while, but seem to have stopped that one now, as it is not correct. We have also referred our case to FOS, even though BC told us we were ineligible to do that. From my experiences, and what I ahve been reading, I do not think they are handling all of this as well as some of the other banks. Good luck, and keep us posted. When did you refer to FOS?

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I am pleased to find that I am not the only person who has tried to cancel current PPI payments on Barclaycard and failed.

 

When I put in my complaint to Barclaycard for PPI on my current Barclaycard (which I took out back in the 1980s when self-employed), I specifically asked them to cancel the payments. Letter was sent recorded back in May 2011. I also asked them to look into PPI on a Barclayloan too at the same time. No acknowledgement of claim or letter although I confirmed they received it. First correspondence was 23 June "we are writing to update you" and would reply no later than 21 Sep 2011. I wrote back to ask why no response to my request to stop PPI payments and just got stock reply letter saying they were dealing with complaint and couldn't answer unti 27 July 2011. Letter on 26 July said the exact same stuff and would contact me again 20 Sep 2011 with a further update.

 

On the 8 Sep 2011, I finally got a reply..only to say they had not upheld my PPI complaint because I had "positively selected the product". It also said "I note that your PPI cover is still active" and that if I wished to cancel this, I should call or write to them.

 

So, they totally ignored two written requests to cancel the PPI payments that I was still paying and also gave no mention of the loan I had also asked them to look into. As it was also a Final response letter and they said they would not enter any further correspondence on the matter, I just took the whole thing to the FOS covering the PPI complaint, the lack of response regarding the loan and their failure to cancel the PPI payments despite two written requests.

 

I sent off the FOS papers the same day I sent one more letter to Barclaycard requesting they stop my PPI payments forthwith. Guess what? No acknowledgement from them since September. However, for some strange reason my last two Barclaycard statements have no PPI mentioned on them, yet I am still paying the same monthly total amount as I did before (PPI element used to be £12 per month). No letter from them saying they have stopped PPI of course, if they actually have.

 

Now to compound things even more, last Saturday I received a letter from Barclaycard saying "we would like to update you on your PPI complaint and unfortunately are not currently in a position to provide you with a final response." Different case number so what the hell is this about??? If they had re-opened the case, shouldn't they have told me? Is this why the PPI has finally been stopped? Going to ring them tonight but just wondering whether Barclays really know what they are doing.

 

FOS still haven't allocated me a caseworker and keep writing to advise me of the delay. Loan PPI will be timebarred in June so getting a bit anxious.

 

So once again, PPI not stopped when asked, then seemingly taken off but not told, and payments not gone down. All a total mystery to me.

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Madmickbiker,welcome to the site.

Have you kept a papertrail of all this including copies of your own letters ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I am pleased to find that I am not the only person who has tried to cancel current PPI payments on Barclaycard and failed.

 

When I put in my complaint to Barclaycard for PPI on my current Barclaycard (which I took out back in the 1980s when self-employed), I specifically asked them to cancel the payments. Letter was sent recorded back in May 2011. I also asked them to look into PPI on a Barclayloan too at the same time. No acknowledgement of claim or letter although I confirmed they received it. First correspondence was 23 June "we are writing to update you" and would reply no later than 21 Sep 2011. I wrote back to ask why no response to my request to stop PPI payments and just got stock reply letter saying they were dealing with complaint and couldn't answer unti 27 July 2011. Letter on 26 July said the exact same stuff and would contact me again 20 Sep 2011 with a further update.

 

On the 8 Sep 2011, I finally got a reply..only to say they had not upheld my PPI complaint because I had "positively selected the product". It also said "I note that your PPI cover is still active" and that if I wished to cancel this, I should call or write to them.

 

So, they totally ignored two written requests to cancel the PPI payments that I was still paying and also gave no mention of the loan I had also asked them to look into. As it was also a Final response letter and they said they would not enter any further correspondence on the matter, I just took the whole thing to the FOS covering the PPI complaint, the lack of response regarding the loan and their failure to cancel the PPI payments despite two written requests.

 

I sent off the FOS papers the same day I sent one more letter to Barclaycard requesting they stop my PPI payments forthwith. Guess what? No acknowledgement from them since September. However, for some strange reason my last two Barclaycard statements have no PPI mentioned on them, yet I am still paying the same monthly total amount as I did before (PPI element used to be £12 per month). No letter from them saying they have stopped PPI of course, if they actually have.

 

Now to compound things even more, last Saturday I received a letter from Barclaycard saying "we would like to update you on your PPI complaint and unfortunately are not currently in a position to provide you with a final response." Different case number so what the hell is this about??? If they had re-opened the case, shouldn't they have told me? Is this why the PPI has finally been stopped? Going to ring them tonight but just wondering whether Barclays really know what they are doing.

 

FOS still haven't allocated me a caseworker and keep writing to advise me of the delay. Loan PPI will be timebarred in June so getting a bit anxious.

 

So once again, PPI not stopped when asked, then seemingly taken off but not told, and payments not gone down. All a total mystery to me.

 

Hi

The letters you have had back and the timescales seem to mirror mine!! Sounds like they are automated!!

 

I rang the FOS last week and just held on until they answered and I advised them that Barclaycard had ignored my request to cancel the PPI and I wanted to know whether I should wait til the outcome but for obvious reasons I wanted to cancel as its money for nothing, The adviser told me it was still waiting to be allocated but since I had referred it to the FOS in September 2011 they had been gathering information from BC and although he couldn't discuss anything it looked like their was an offer being made as there was a spreadsheet uploaded to my case - he said this usually indicated they were making an offer!! Again said they couldn't discuss as it was waiting to be looked at by an adjudicator and they were still within the 3-4month time limit set from writing to me in October - suggesting end of jan early feb before it was passed over. Has anyone else had information like this referring to a spreadsheet???????

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Hi Thanks for your reply - I referred it to the FOS in September but they officially wrote at end of sept advising they were allocating to a caseworker and the whole process could take a year from that time!

 

I rang the FOS last week and just held on until they answered and I advised them that Barclaycard had ignored my request to cancel the PPI and I wanted to know whether I should wait til the outcome but for obvious reasons I wanted to cancel as its money for nothing, The adviser told me it was still waiting to be allocated but since I had referred it to the FOS in September 2011 they had been gathering information from BC and although he couldn't discuss anything it looked like their was an offer being made as there was a spreadsheet uploaded to my case - he said this usually indicated they were making an offer!! Again said they couldn't discuss as it was waiting to be looked at by an adjudicator and they were still within the 3-4month time limit set from writing to me in October - suggesting end of jan early feb before it was passed over. Has anyone else had information like this referring to a spreadsheet???????

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I know - you don't think of it at the time!

 

I have been also sending the updated letters to the email address on my FOS letters and in fairness to the FOS they acknowledge within a couple of days but nothing more really than they are adding the notes to the file. When I did speak to them last week and just held on until they answered and I advised them that Barclaycard had ignored my request to cancel the PPI and I wanted to know whether I should wait til the outcome but for obvious reasons I wanted to cancel as its money for nothing, The adviser told me it was still waiting to be allocated but since I had referred it to the FOS in September 2011 they had been gathering information from BC and although he couldn't discuss anything it looked like their was an offer being made as there was a spreadsheet uploaded to my case - he said this usually indicated they were making an offer!! Again said they couldn't discuss as it was waiting to be looked at by an adjudicator and they were still within the 3-4month time limit set from writing to me in October - suggesting end of jan early feb before it was passed over. Have you any knowledge of this response referring to a spreadsheet??

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Hello Tinks. I doubt if mine has been re-opened to make an offer. FOS's update letter of December 2011 stated that B/C has not offered to settle my complaint which is why they would have to look at it themselves. However, the letter from B/C on Saturday mentioned that if their final response was taking too long I could take the matter to FOS and they enclosed the FOS leaflet. So why say this if the case is already being dealt with by the FOS. Doesn't make sense. So that is why I have no idea to what Barclaycard is referring to....or have they got me mixed up with someone else's case? Still doesn't explain why the PPI has disappeared off the statements either. Has any self-employed person got a result from Barclaycard yet or is this all part of their tactics to stall them?

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Hi Madmick To be honest - Barclaycard have not written to me since I received their letter at the end of October and that was after I'd referred it to the FOS as I should have heard something by 12 September 2011, I'd rang them out of the blue and asked why they had not sent a response to which the adviser replied 'you should have had a letter on 13 September' when I replied I hadn't received anything he asked if I wanted him to read the letter out over the phone to which he state they were not upholding my complaint! The letter arrived a couple of days letter as a final decision with the date of 27 October! As I had already referred it to the FOS I rang the FOS and then sent them a copy of the letter received. So whether they have re-opened the case BC have not contacted me directly and have ignored the two letters I've sent asking them to remove the PPI.

 

Looking at other people's threads Barclaycard seem to use lots of tactics to stall people and if people keep referring them to the FOS they hopefully will side with the customers that they are being treated unfairly! Hopefully. Good luck anyway I really hope that we consumers win our fight with them as it's scary the things that they say - I bet they haven't even got copies of sales tactics from 20 years ago!

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Pretty much the same then...total lack of communication and missing letters so you have no idea what B/C are doing. They are expert at ignoring your letters and not sending any replies or updates. I'm not wasting time and money contacting them now, just leaving it all to the FOS. Just hoping that a long wait will bring a favourable result but I am not banking on it. I've never been that lucky in life. Let's face it, my complaint goes way back to the 1980s,they have every reason to try and not pay it.

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Latest development.....still havent had time to ring Barclaycard about the new PPI claim...however i got home from work tonight to find TWO letters from them...both identical with same Case No and same contents...rejecting my claim and saying it is a final response. What the hell is going on? No mention in it as to what my claim was actually for..loan or credit card? Just a long long list of everything they have checked and discounted including talking to a sales rep...what is this all about? All I asked them in my original letter was if I had PPI on a loan, I didn't put the claim in cos I didn't know anyting aside from the account number. So why send two identical letters, unless they have money to burn on postage ? i am starting to think this is for someone else. Any way, the FOS will get all this latest correspondence and no doubt will be shaking their heads in disbelief at their incompetency.

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Bizarre!!! It will show FOS how incapable they are at treating their customers as individuals!!! I find the FOS email system very helpful - it will be on your letter from them (I can't quote it on here as my post count is less than 10) Quote your reference number from your ombudsman letters and just send copies of your correspondence scanned in as attachements and they add to your file and you get an acknowledgement for your paper trail!!!

Fingers crossed we'll all be hitting BC in the same place!!!

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Thanks Tinks, I will do that. Going to bring the whole file up to date this weekend and send it to them on my day off Monday. Stilll doesn't explain why my PPI has suddenly been cancelled off my statements but reluctant to write to B/C again cos now I don't trust them at all to get anything right.

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