Ppi on barclaycard loan *** SUCCESS ***

[doo]

Am claiming back OH's PPI on his barclaycard loan, sent 2 letters for T&Cs and SAR dated 30 January 2012. To date have got T&Cs but no SAR.

 

Today received a phone call asking questions, basically they are looking into whether we have a correct claim or not. They have given me a number to ring if I do not hear from them in 2 weeks, is this unusual, have not even got to the letter stage yet as still awaiting SAR.

[ims21]

Barclaycard loan?

 

Do you mean Barclayloan or Barclaycard credit card account.

 

Never heard of a Barclaycard loan?

 

They cannot possible be looking into a claim for you if you haven't lodged one yet. Mind you if they find in your favour that would interesting.

 

I wouldn't ring them until you have your SAR response and they have 40 days to comply with that.

 

ims

[doo]

It was a personal loan from Barclaycard, and the PPI is confirmed as Barclaycard Personal Loan Payment Protection.

 

As I say, we are awaiting SAR which is now over 40 days, so should I chase this by a follow up letter?

 

Was a bit surprised about the phone call myself, so will wait and see but as yet have not worked out interest as we have not got our paperwork anymore and I want to do this correctly. We have a rough idea how much PPI we have paid though.

[ims21]

Hi

 

OK new one to me but all noted...thank you.

 

So a personal loan....have a look at No.1 in my signature. There is a spreadsheet at the end which will work out your claim for you.

 

However you need that SAR information first so send them the failed SAR letter from the library. Have they cashed the payment for the SAR?

 

ims

[doo]

Will send letter forthwith and no as yet they have not cashed my cheque but I did also send them a cheque for £1 for the T&Cs which they sent back. Thanks for highlighting where the spreadsheet is.

[ims21]

If they haven't cashed the cheque are you sure they received the SAR?

 

Did you send it recorded?

 

ims

[doo]

If they haven't cashed the cheque are you sure they received the SAR?

 

Did you send it recorded?

 

They have received it as it was in the same envelope with my letter asking for T&

Cs to which they have responded and yes it was recorded.

[ims21]

Ah ok

 

So time to press them for non-compliance as above

 

ims

[doo]

Just to update, still no SAR! It's now 90+ days and apparently should receive it this week. Also 8 weeks are up since we sent back their consumer questionairre.

[ims21]

If you have sent the failed SAR letter and they have ignored the time you gave them to comply you now issue a "Letter Before Action" giving them 7 days or you will issue in court to force compliance

 

ims

[doo]

Have already issued them with non-compliance letter but I am afraid as yet have not followed it up - I know its slack of me but have pressing family matters at the moment which has left me very short of time to press this.

 

On the other matter of my consumer questionnaire, Barclays state on their website that new claims will be dealt with in an 8 week timeframe, I know after this time I can go to the Ombudsman but I have been told by Barclays that my SAR has slowed the progress of them looking at my PPI claim. Not sure how the two are connected, I feel I was forced to fill in questionnaire as they had already sent me one and I had informed them I was waiting on my SAR, they then send me a second one and stated that unless I filled this in within 10 days they would look at my claim without it. Felt it was better to fill it in than let them progress further without it.

[ims21]

Hi

 

SAR and PPI claims should not be connected and is not an excuse to delay looking at a ppi claim.

 

The consumer questionnaire is a standard procedure and should be done for any ppi claim.

 

Also 8 weeks is the amount of time allowed for by the FSA to deal with a complaint...the banks cannot change that to suit themselves.

 

Don't let the bank take control...you must remain in control of things. They play on the fact that because they are big companies, the little guy will believe what they tell us.

 

Remember the golden rule, you never trust a bank and don't believe anything they tell you.

 

ims

[doo]

Should I contact the FSA then?

[ims21]

Hi

 

No the FSA don't take the complaint about PPI....fos do so it is they who you would contact and they can take the whole claim process over for you. Make sure you let them know of the false information given to you by the bank. If you do go to fos then be prepared for a long wait as they are overwhelmed by PPI complaints at this time.

 

The other approach you might take is a strongly worded letter to the bank telling them that they have failed to comply with the PPI time limits laid down by the FSA and remind them that a SAR request in no way interferes with the processing of a ppi claim.

 

Ask them to explain themselves to you in writing as to why they feel that a SAR delays the processing of a PPI claim becasue you will want to put their response in a complaint to fos.

 

If they have failed to comply with the SAR after the failed SAR letter then you should lodge a complaint with the ICO. Also write to the bank and tell them that you have done so. You can make this a "letter before action" and give them 7 days to provide the data failing which you will be issuing proceedings through the courts to force compliance.

 

ims

[doo]

GOOD NEWS my claim has been upheld, cheque received on Thursday. Although Barclays took more than 90 days to send SAR, eventually received last week, my claim went through without a hitch and cheque amount was pretty much spot on, so am very happy.

[ims21]

Excellent news...well done and congratulations on your win

 

I'll change the title of your thread to reflect your success

 

ims