Barclaycard PPI Question

[topcat72]

i recently submitted a PPI complaint to barclaycard, using the following conditions are reasons for my complaint:

 

• I was not asked about any pre-existing medical conditions I suffered from.

 

• I was led to believe that taking PPI was a pre-requisite for opening an account

 

• I was not asked whether I already had any existing insurance or employer benefits that would cover my repayments.

 

• You have been punished by the Financial Services Authority for failing to treat customers fairly and I do not believe that the PPI I bought was sold in my best interest.

 

• It was not explained that the PPI would not run for the full term of my loan/credit accounts.

 

and received a final response saying that they are happy that i "positively selected" the type of cover i required, and that all information they provided to me at the time was sufficient to answer each of my points.

 

however, as a result of a SAR, i received a copy of my original application form, and the wording on the PPI section is as follows:

 

6.. Optional benefits

Barclaycard Payment Protection

Dont Sign Up without it!

[ ] Yes, please can i apply forBarclaycard Payment Protection

 

 

"Dont Sign Up Without it!" to me seems like an instruction, and could be construed as being compulsory when making the application. do i now pursue my complaint on these grounds with the Financial Ombudsman?

[ims21]

Hi

 

You can either go back to them as you do not consider the matter cloesd and make your further observations to them or you can pass it to fos

 

ims

[topcat72]

thanks for the prompt response!

 

i think i'll actually do both, just in case they decide to get snotty and not enter into further correspondence.

[ims21]

Sounds like a plan

[topcat72]

forms filled in, printed and in envelopes ready for a trip to the post office...

[slick132]

Hi TC,

 

Watching progress on this thread ............

 

[topcat72]

just a quick question while i wait for BC to pull their finger out...

 

if BC decide to ignore my letter, and let the ombudsman deal with it, whats peoples experience with how long this would take?

[ims21]

just a quick question while i wait for BC to pull their finger out...

 

if BC decide to ignore my letter, and let the ombudsman deal with it, whats peoples experience with how long this would take?

 

How long is a piece of string?

 

Maybe a year or more sadly

 

ims

[slick132]

If you've quantified your PPI claim and are happy with your figures, the best way forward is to take BC to court.

 

From what you've said on your Barclays thread, you may qualify for court fees remission.

 

The FOS will take more than a year and will not fight for you to get back the best interest that you may get with a court claim.

 

[topcat72]

thanks.

 

ill start the normal process then (i.e. 1st demand, LBA and then file).

 

is there a particulars of claim template for PPI? ive used the bank charges one before but havent seen a PPI one.

 

and whats the time limit on how far back you can go with this? can i ask for all PPI payments made, or is there a six year limit the same as there is with bank charges?

[ims21]

Hi

 

If you look in the PPI stickies you will find information on PPI via the court route.

 

You need to bear in mind that the onus of proof of mis-selling will be on you as the claimant ( on the balance of probabilities for County Court)

 

Also be aware that if you lose in court you cannot then go to the ombudsman but if you go to the ombudsman and lose then court is still open to you.

 

S32 Limitations Act 1980 is what you would use to get over any six year limitation argument and this is discussed in the PPI stickies as far as it relates to PPI claims in court.

 

ims

[topcat72]

i think ill send out the 1st demand and LBA and see how they respond before making the final decision actually filing.if they are working in the same way as they did with my charges refund they may pay out before i have to even file.

[delilahsahb]

Hi,

Just been down the same route with Barclaycard and went to FOS around October/November last year. FOS kept me informed, usual letters that they are inundated with ppi claims but would get back to me soon as poss. Just heard on Monday that i am getting my claim so thats around the 6 month mark. Not too bad in my case but i know some people have had to wait much longer than this.

 

Delilah

[topcat72]

thanks for the info, much appreciated.

[topcat72]

Just had a letter from FOS saying it could take up to a year to sort out.

 

Oh well, I can wait.

[delilahsahb]

They told me the same thing but im just waiting to hear from Barclaycard now. All told about 6 or 7 months for FOS but Barclaycard have 8 weeks to send me their amount. Tick tock, tick tock.

 

Delilah

[Bigsax]

The Barclaycard customer relations department will keep you waiting even if when you accept their offer.

 

Despite these claim companies advertising completing the claim in 8 weeks it's the biggest load of bull hit.

 

Ive started back in November 2011. I finally got an acceptance form from Barclaycard 2 weeks ago apologizing for the delay and copy written to suggest "we now want to resolve your complaint as soon as possible".

 

After a call to them after accepting a week later they pay out 21 working days later.

 

As far as I'm concerned they are the biggest bunch of shysters

[ims21]

8 weeks is the timescale laid down by the FSA.

 

If they haven't completed their investigation and given you a final response by the 8 week deadline you are entitled to pass it to fos which will cost the lender an £850 case fee.

[delilahsahb]

Hi All,

I will be at week 10 on Friday. FOS say they have 8-10 to respond now. Im p***** off waiting but nothing else i can do about it but wait. Thought i was doing ok with the FOS dealing with mine quite quickly but Barclaycard are dragging their heels and prolonging the agony.

 

Delilah

[ims21]

Hi All,

I will be at week 10 on Friday. FOS say they have 8-10 to respond now. Im p***** off waiting but nothing else i can do about it but wait. Thought i was doing ok with the FOS dealing with mine quite quickly but Barclaycard are dragging their heels and prolonging the agony.

 

Delilah

 

You need to ask fos where this 8 to 10 weeks business has come from.

 

If you have passed you cars to fos then you might well be in for a long wait but the initial investigation by the lender ha an 8 week time limit on it.

 

All concessions for extension of time were removed at the beginning of the year and I have found no evidence or announcements that the FSA have granted further extensions.

[delilahsahb]

Hi again,

FOS emailed me asking me to fill out a survey about my PPI claim. I emailed them back to say i couldnt do the survey as i had still not heard from Barclaycard with their offer of settlement. They replied " due to the high number of PPI complaints it is now taking the business 8-10 weeks to calculate the redress". I should have stated the FOS are dealing with my complaint after Barclaycard refuse to cough up initially.

 

Delilah

[slick132]

Ahaa,

 

That explains it !!

 

[topcat72]

have finally received a response from the FOS, and Barclaycard have offered to settle. it doesnt say the FOS have upheld my claim, and it doesnt say how much barclaycard are offering to settle.

 

apparently i have to agree to the offer, then i will find out how much they are offering.

 

im planning on accepting, and that will mean i have won every all of my claims for charges refunds and PPI refunds.

 

and the help on here has been invaluable.

 

thanks guys!

[slick132]

Hi TC and this is sounding better now for you.

 

I just don't get how you can agree to anything until you know what is actually being offered and how that is calculated.

 

However, to avoid further delays, tell the FOS you are happy to accept the offer, subject to seeing and agreeing the calculations of how the offer is arrived at.