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    • I don't think that you have told us when you bought the car. However, you have referred to a conversation in which they apparently told you that the MOT had been carried out on 11 November so that suggests to me that you bought it after that date. Although it seems as if you are dealing with quite a dodgy crowd, you may as well go through the paces of asserting your proper rights. Because you have discovered this issue within the first 30 days – you can add to the strength of your position by sending them a letter asserting a right to reject the vehicle under the consumer rights act. If a car manifests a defect within the first 30 days then you are entitled to reject it out of hand with no chance of repair but you must assert your right in writing. Send them a letter immediately – recorded delivery – informing them that you are rejecting the vehicle and telling them on what grounds and say that you are asserting your rights under the consumer rights act. It won't make a whole lot of difference, but later on if you find yourself having to take court action, then it will all help. Please let us know when you have had the AA check. Meanwhile, I suggest that you contact me at our admin email address and let me know the identity of the garage and any other identity clues that you have unearthed. It may enable us to give you additional help
    • Assuming you're correct about the limitation running from the last date of deferral. The last deferral was in 2013 so the statute barring period would end on 31 August 2019, the money claim was made on 3rd June 2019 so is within the limitation period. Therefore the debt is not statute barred.
    • I agree with my site team colleague @slick132 but with variations. These people have been needing you around and cause you serious harm in terms of the amount of effort that you have been put to as well as the damage to your credit file. You have taken all sorts of different stories and also been misled by them as to their statutory obligations in respect of data disclosures. It has taken the issue of court claim to get them to make any move. You have taken control of the situation and it is you who has the whip hand at the moment. They are now proposing to telephone you to discuss the matter in some way – but you have no idea. Also, you have no idea who you are going to be speaking to and whether they have authority to commit Virgin to anything at all. If you agree to this phone call then you are at risk of handing control back to them because they will partly ask you to withdraw the action and they will also offer to make a payment as a "gesture of goodwill". Now that you have attracted their attention and they realise that something needs to be taken seriously, I don't think you should let go of the initiative. Please can you post up the email which you received from them. He was it from and what is that person's role within the company. I think you should write to them and refuse the call and tell them that you are happy to discuss matters that you will want to know what it is they think they have to discuss and who will it be who will be phoning you – and will that person has any authority to make decisions. I think should also emphasise to virgin that they are already in breach of their statutory duty. That if they decide to file a defence that they will have to sign it is a statement of truth subject to a sanction for contempt of court and that as they are clearly in breach of their statutory obligations, it would not be possible for them to sign off such a statement of truth and if they do, then you will bring the whole thing to the attention of the court and invite the court to express their own opinion on the matter. I think it's very important that they tell you in advance what they propose to discuss. I think you should tell them that if they're not prepared to disclose the purpose of their phone call and the points that they intend to cover and if the phone call is not made by somebody at a suitably elevated managerial level, then you are not prepared to discuss the matter. I'm afraid that I'm struck by the naïveté of your statement which I suppose is intended to be assertive.   Haven't we reached a point yet where you understand that you can't trust these people and although you may discuss various things on the telephone, if they then are required to minute the conversation and provide you with the resume of the conversation, you are handing them carte blanche to present the conversation in a way that suits them together with nuances included or removed, and generally slanted in their favour. They might not – but you are certainly opening up the possibilities and if that's what they do, how are you going to counter them and say that they have not correctly recorded what you discussed and agreed? You seem to be doing everything you can to keep on handing the baton back to Virgin. I have no idea why. You should not get involved in any telephone conversation unless you have first read our customer services guide and you are recording the call for your own benefit. If you cannot do this or you are not prepared to do this then don't take the call at all. Please will you post up the email that you have received, let me have your comments on what I've posted here and if you agree we will draft a response. You might like to start. Apparently they are proposing to telephone today and so we need to get a move on. If they happen to telephone before you have received a written reply to your message, then you should simply tell the caller that you are still waiting for their response to the email which you sent a little while earlier and you're not prepared to discuss anything until you have their written reply to that.
    • Well done on getting your refund and thanks for the update. I understand that you are still out of pocket. If you would like to get that money back and we will help you and I think it will be fairly straightforward. The amount of money outstanding is scarcely worth his while causing any trouble. It would be very helpful if you could post up a link to the new advertisement and also do you have any pics of the car and also its registration number please. I think we owe this to possible new owners in case they come to this forum.
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Hi All,

 

I recently put in a PPI claim from Barclaycard as they sold me a PPI policy on a university campus in 1996. I was under the impression that this was too long ago to claim. I basically told them that the girl who sold it advised me to take it out as it would mean I would have a better chance of getting the card. I had the card for about 10 years and for a long time had a balance of around 11k.

 

So I put the claim in with the following reason in Section E of the form

 

"The sale took place on the campus of Leeds University. It wassuggested verbally that if I took the insurance then the application wouldhave more chance of being successful. At the time I did not know this would nothave been the case and am horrified to think I was misled in this way"

 

A couple of weeks later I got a call from Barclays who said that they just wanted to confirm some details about who I worked for when I had the card. I mistakenly gave them different details to the ones on the form as I was going back to Uni as a mature student and changed jobs around that time. I didn't realise I had given them the wrong details until I just reviewed the form now.

 

Last week I got a letter from them stating they were refusing my claim on the basis of the following. This is an exact copy of what they have written - ~I don't even understand it as it seems to make no sense:

 

First bit does make sense but is factually wrong.

 

"In your complaint you feel you were:

given misleading or inaccurate information about the policy"

 

The second bit which is confusing:

 

"We have identified that your application for PPI was submitted post. At this point of applying for PPI, as no advice was given the process required you to select the specific type of cover required. In addition we conducted a review of the documentation you viewed during the sale. We are satisfied that the documentation presented accurately described the scope of the policy, and was sufficient to provide you with all of the information necessary to inform you of the terms and conditions of the policy.

 

As a result we are unable to uphold your complaint"

 

So - I didn't fill in the form. The girl that stopped me on campus filled in the form - I signed it and that's all I remember.

 

Is it likely they are just fobbing me off ?

 

Should I take it further with them, SAR them or just go to them ombudsman ?

 

Any pointers ?

 

Thanks

 

Hamish.

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If it were me I would challenge them direct. FOS will take an age.

 

Point out their inconsistencies and that they could not possible have investigated this properly otherwise they would know that it was not a postal application.

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Hi All,

 

I recently put in a PPI claim from Barclaycard as they sold me a PPI policy on a university campus in 1996. I was under the impression that this was too long ago to claim. I basically told them that the girl who sold it advised me to take it out as it would mean I would have a better chance of getting the card. I had the card for about 10 years and for a long time had a balance of around 11k.

 

So I put the claim in with the following reason in Section E of the form

 

"The sale took place on the campus of Leeds University. It wassuggested verbally that if I took the insurance then the application wouldhave more chance of being successful. At the time I did not know this would nothave been the case and am horrified to think I was misled in this way"

 

A couple of weeks later I got a call from Barclays who said that they just wanted to confirm some details about who I worked for when I had the card. I mistakenly gave them different details to the ones on the form as I was going back to Uni as a mature student and changed jobs around that time. I didn't realise I had given them the wrong details until I just reviewed the form now.

 

Last week I got a letter from them stating they were refusing my claim on the basis of the following. This is an exact copy of what they have written - ~I don't even understand it as it seems to make no sense:

 

First bit does make sense but is factually wrong.

 

"In your complaint you feel you were:

given misleading or inaccurate information about the policy"

 

The second bit which is confusing:

 

"We have identified that your application for PPI was submitted post. At this point of applying for PPI, as no advice was given the process required you to select the specific type of cover required. In addition we conducted a review of the documentation you viewed during the sale. We are satisfied that the documentation presented accurately described the scope of the policy, and was sufficient to provide you with all of the information necessary to inform you of the terms and conditions of the policy.

 

As a result we are unable to uphold your complaint"

 

So - I didn't fill in the form. The girl that stopped me on campus filled in the form - I signed it and that's all I remember.

 

Is it likely they are just fobbing me off ?

 

Should I take it further with them, SAR them or just go to them ombudsman ?

 

Any pointers ?

 

Thanks

 

Hamish.

 

Its a fob off as you suspect. Spend 10 quid on a SAR getting as many of the old statements as you can and search your house and attic to find any you have. Complete the spreadsheets provided on the site and put in your claim to FOS. I've just got mine back after B/C said I had no claim its their standard delaying tactic

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Hi

 

Thanks for the quick response - I just called them and the woman I spoke to was very helpful. It turns out that as I was a full time student I shouldn't have had PPI at all, something I never knew and would seem to strengthen my case. She also had no idea why they called me when the information they were seeking was plainly on the complaint. The complaint now goes back to be looked at again which is good news. I'll keep you all posted.

 

Hamish

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  • 3 weeks later...

Wow.

 

Barclays have refused my claim again despite my status as a full time student at the time of the application.

 

Spoke to the person on the BC helpline who advised me to go to the FOS.

 

:mad2:

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