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barclaycard contested initial FOS PPI selling assessment as misold


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HI Caggers! I need your help with this!

 

November last year, I had received my initial FOS assessment in my favour about PPI complaint registered against Barclays.

 

On 18th of February 2013, I received another letter from FOS informing me that Barclays contested the decision for the reasons below:

 

please find letter sent by Barclays to FOS.

 

i never had anyone either on phone or face to face who explained to me anything about the PPI policy.

it came through the post & i signed it off to them.

 

 

Dear Sirs

We refer to your assessment in relation to Mr xxxx complaint concerning the sale of payment protection insurance (PPI).

Please accept our apologies for the the length of time it has taken to respond to your letter.

 

My understand of your assessment is that you believe the complaint should be upheld

because you feel that reviewing the Payment Protection Insurance (PPI) policy element

of their Barclaycard is not clear from the evidence available that the policy was optional.

 

We have reviewed the complaint relating to the purchase of their PPI policy

and have identified that their application form was completed over the telephone with one of our advisors.

 

We believe that our evidence suggest that the optional nature of the policy was made clear to the customer.

We have set out below our reason for this, using both our generic evidence and where applicable customer specific evidence.

 

Sales Process Evidence

We note that the Payment Protection Insurance was sold 2003 over the telephone.

Attached is a copy of our telephone sales script and attach this in appendix 1.

We note the following from this script which indicates the optional nature of the policy:

 

· The customer was required to give positive or negative response when asked if they would like to take out PPL policy;

· Following positive selection, we in addition make the customer aware of their right to cancel within the first 30 days without obligation;

· Even following a positive response the customer is requested to reconfirm their decision;4

· We also note that at no point customer is informed that the policy is obligatory in order to take a Barclaycard.

 

Following positive selection for PPL, a pre-populated Application Form will be sent to the customer following the conversation.

 

We attach in Appendix 2, 3 copies of Application Forms use during this period.

We will have sent our original submission a copy of the application form if we hold on file,

howeverdue to age of sale, we may not retain copies.

 

The Application Forms are per-populated for convince the customer’s decision.

Sections required, then there was further opportunity for it to declined at this stage.

 

In this instance, acceptance was confirmed by signing and returning this documentation to Barclays.

 

The customer would then the application form to the insurer’s, who would review it and if the application was accepted would forward a certificate of insurance to the customer.

 

The certificate of insurance confirms the full terms and conditions of the cover,

including all exclusions and highlighting the right to cancel cover within the first 30 days without obligations.

 

As a result of the sales script used, the process following the initial sales call,

and the fact that the customer’s recollection of the complaint does not indicate his script was not used,

we believe this is sufficient evidence to demonstrate the optionality of cover.

 

Customer Specific Evidence in addition,

we note from our investigation,

that the customer has not provided any evidence or any testimony that indicates the customer was unaware optionality of the policy.

 

Conclusion

In summary, given the above, we do not agree with your assessment of this complaint

and would ask that the point raised is considered. We await response In due course.

Thank you in advance for helping me with this

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thats typical of a fob off letter

 

they are speculating that the correct process WAS followed

they have no evidence it was not.

funny how they say nowt about how the rep would have got

a healthy commission out of you for selling it!!

 

can you scan up that letter please

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

So Barclays just sent you a pre-ticked application form for you to sign and send back with no telephone contact etc. etc.

 

That being the case you must tell fos of this and suggest to fos that the lender is not giving a true representation of what happened.

 

The business about being able to cancel within so many days etc is not an adequate defence. The FSA handbook covers this in appendix 1. The link to the FSA handbook can be found in the PPI stickies.

 

All the nonsense about the sales script is irrelevant because no sales pitch was carried out.

 

You must tell fos that all you received was a postal application and that the lender must have your case mixed up with that of someone else.

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.

 

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threads merged keewp to this thread

 

please follow the guide in post 2

 

you need to pdf the attachments

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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post on this thread

dont keep starting new ones

 

threads merged

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

dear fos

 

i am in receipt of a letter from barclaycard questioning your decision to uphold my PPI claim.

 

As far as i can see, barclaycard are making ref 'to what should have happened'

during their PPI sign up process concerning PPI.

 

although, i admit, i made no ref to such on my Questionaire, i can assure you that i was told

my application would most proabably be refused should i decline the PPI.

 

it is also worthy of note that this is merely 'spectulation' that the correct process WAS adhered too

there is no evidence of my actual responses recorded or refered too.

 

AS to the fact that i had several instances latterely to cancel the PPI

well if i was told i must have it, then why would i even be aware that i could

decline it at a later stage?

 

In my hunble opinion, i find his letter rather insulting.

 

Does he really think, that,after being told by the telesales person that i must have PPI

i would then, turn around and refuse it over the phone by not confirming i want it

having been told i must have it?

 

i get the impression that these sales were commission based & the telesales 'advisor'

got a good bonus out of me.

 

if and when the produce a transcript of the conversation, i remain of opinion that i was told i must have it

or be probably refused the credit.

 

yours

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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