Mum Vs Barclaycard

[Jaron78]

Morning Guys,

 

Been looking through the forums recently and have been working on claiming back money from Barclay Card.

 

My mother has had a Barclays Credit Card for some time now and unfortunatly got behind with the payments. Barclaycard contacted Mum and arranged a Payment plan, and they asked how come Mum had fallen behind. Mum explained that both herself and Dad had been ill, Mum had an Eye operation and Dad had a knee replacement.

 

The lady on the phone asked Mum "Why didnt you use the PPI you have on your account?"

 

Mum wasnt aware of the fact that she had PPI since taking out the card a good few years ago.

 

We wrote to Barclaycard and sent off the PPI Claimback form. We received the standard response that they will get back to us by the 17th July. Yesterday (20th July) we still hadnt had a response so we called them. The rude and obnoxius clown on the phone pretty much called us liars and said that they had sent a reply on the 11th July. He also said that the case was investigated and there wasnt going to be an offer as they did not think we had a case.

 

I stated that I wated this in writing and he said he will send it out immediatly.

 

Just not sure where to go from here.

 

Would someone please advise as we really think we do have a case here.

 

Many Thanks,

 

Ron

[citizenB]

So there is PPI on the account, but they are for some reason not going to pay out on a claim ?

 

How long has the account been subject to a repayment plan ? I think that might affect any claim being made.

 

I wonder if it would be worth making a claim for mis sold PPI and trying to get all the premiums back.

 

When was the account opened.

 

When did the account default.

 

Unfortunatetely, any PPI will only pay out in respect of the owner of the account, so your father wouldnt be covered.

 

Suggest you keep any contact between you to writing.

 

I will flag your thread for others to look in on you.

[citizenB]

Can you confirm that whilst there is a repayment plan in place, that PPI is still being applied to the account ?

 

If she wasnt even aware it was on the account in the first place, that would be a good reason to make a claim for reclaiming the PPI back.

[ims21]

Hi

 

I agree with CB about the reclaim.

 

It reads like BC are refusing the reclaim in which case you need to wait until you get the refusal in writing. You can then go through and challenge their refusal points with them.

 

Be aware that any refund that may eventually be made could well be set against the card balance.

[Jaron78]

Thanks Guys, Soon as we hear back from BC I will update.

However, they are already 4 days over due on their response. Should I wait until say Wednesday??

[citizenB]

Yes, give them a few more days.

[slick132]

Hi Jaron,

 

If your parents are in Financial Difficulty, BC should not be charging any interest or penalty charges to the balance since the Payment Plan was implemented.

 

If the card was in arrears, I assume penalty charges were applied to the a/c before the Payment Plan was agreed. If so, you can reclaim the full amount of all penalty charges.

 

Go through the statements to identify all penalty charges for late, missed or bounced payments.

 

Let us know roughly how much the charges add up to and also roughly what period they span.

 

[Jaron78]

Evening Guys,

 

Well we finally had a response from BC and as follows:

 

"We have identified that your application for PPI was submitted by Post. At the point of applying for PPI, as no advice was given process required you to select the type of cover you required. As a result we are not able to uphold your complaint"

 

Does this mean Mum cannot claim?

 

Many Thanks

[ims21]

Matters not that it was done in the post.

 

Get them to show you the evidence that she selected the PPI.

 

If she didn't know she had PPI then it is unlikely that she ticked a box and in any case there is a chance that maybe the box was pre-ticked.

 

When you put in your mis-selling complaint, what reasons did you give for the mis-sale?

[Jaron78]

To be honest, Im not 100% sure. We did put that it wasnt requested.

So do I respond asking for proof of application? Is there a template for this?

 

Sorry for all the questions, have been reading through and want to make sure I get it right.

[ims21]

There isn't a template, you need to compose your own letter challenging their finding.

 

In the PPI stickies you will find a thread entitled "some notes for claimants"....you will find more reasons for a mis-sale in there which you may be able to use is your letter.

 

Was your Mum 70 or older when she took this card?

 

Did you not keep a copy of your claim letter then?

 

And yes, you ask them to provide the evidence that she selected this product. Your Mum sounds adamant that she didn't request it so we need to find out who ticked the box.