Barclaycard Self-Employed with Credit Card from 1995

[Madmickbiker]

I made a postal application for a Barclaycard Visa credit card back in May 1995 when I was self-employed.

 

It was one of those advertising flyers found in magazines.

 

As I was self-employed I ticked the PPI box as I thought that it would offer me both the best chance of getting the card and cover me if I was unable to work for some reason.

 

The card is still active but I only pay off what is left on the account.

 

It was only when I saw a programme on TV about PPI that mentioned that a self-employed person with PPI might not have been able to make a claim for unemployment,

that I decided to contact BC for a full refund and stop my PPI payments.

 

BC failed to stop my PPI payments for some months, only stopping them eventually when they mixed my account up with somebody else's and stopped them automatically.

 

Meanwhile I was in the long wait for a response but finally they decided to refuse my claim with their only reason being that I ticked the PPI box on the form.

 

I had also asked them to look at a Barclayloan I also had taken out with them and had paid off which also had PPI on it for the same reasons.

They never responded to this and I included this in my FOS referral along with the delay in cancelling my PPI payments on my active account.

 

I complained to FOS in Oct 2011 and had not heard anything from them until today when out of the blue, they have upheld my complaint.

The reasons given may help other self-employed folk out there who are dealing with Barclaycard.

 

"From the information I have gathered, I do not think Barclays advised xxxx to buy the PPI policy.

However, Barclays still had a duty to give xxxx th information she needed to decide whether to take out the policy

- and to present it in a way that was clear, fair and not misleading. It was also the duty of Barclays to draw the main features of the policy to xxxx's attention.

 

You had a responsibility to make it clear to the consumer that the PPI policy was optional.

 

Looking over the information you gave to xxxx and her recollections from the time of the sale, I cannot see how you did this.

 

I have found:

the copy of the application form supplied is of poor quality and not sufficient to enable me to identify that xxxx made an active selection,

within the sales process, to confirm that she wanted to take the policy out;

 

the policy was taken out around the time when xxxx took out the credit card

but there is not enough evidence to suggest that you made it clear enough to xxxx that the policy

and credit card were separate products; so

 

I am not satisfied, based on the evidence, you made it clear enough to xxxx that the policy was optional.

 

Looking at the term of the policy,

I see the circumstances in which a person who was self-employed could make an unemployment claim were quite limited.

As xxxx was self-employed when she took it out, this was important information she needed to make an informed choice about whether to buy.

 

However, from the evidence I have, I do not think this was made clear enough to xxxx when she brought the policy

and I do not think she would have taken it out if you had made that information clearer.

 

For these reasons, I think xxxx's complaint about the sale of her PPI policy should be upheld".

 

FOS are now awaiting a response from BC but having seen the delays mentioned by others I won't be holding my breath for a speedy response.

Reply to be made by 23 May...laugh!

 

Unfortunately there is no mention of the Barclayloan which I paid over £2000 PPI on so

I will just have to wait and see if Barclaycard mention it in their offer or go back to FOS and see what I should do.

 

I really don't want to go through all the hassle of having to put in another claim just to get the loan.

 

Any ideas?

[dx100uk]

as the fos why it was not mentioned

 

was the fos complaint for BOTH.

 

dx

[Madmickbiker]

It was three things, the CC claim, the loan and the fact that BC were still taking PPI of my instalments when asked to cancel.

[Madmickbiker]

UPDATE:

 

Telephone FOS the other week to ask what was happening about the Loan aspect of my complaint...what loan?

Told them it was part of the three areas of my complaint in my original letter to them. Oh, can't find it.

 

I have had to write to BC again with another FOS complaint form to re-start the loan claim.

I have told BC that I enquired about this 2 yrs ago and they have ignored it so want it prioritised (fat chance).

reasons for mis-selling exactly the same as how I applied for the credit card.

If I had known I would have been left in limbo for 2 years waiting for this to get sorted I would have tackled completely differently...SARs, etc for a legal route.

 

nothing from BC or FOS re the upheld CC claim till today when

 

I get a letter from FOS saying they have heard from BC who wish to "make an offer as a gesture of goodwill offer, with no admission of liability, to settle your complaint.

 

Barclay will be writing to you to explain the precise terms of its proposed settlement

- however, it has told us it will be based on the general approach that FOS takes when we decide that a consumer has been mis-sold a PPI policy".

 

If I want to accept the offer I do not need to take any action and if they don't hear from me in next 14 days,

they assume I accept the offer and will inform Barclays.

 

Barclays have requested that FOS inform me that it may take "up to 8 weeks" (from date they provide confirmation that I have accepted offer) for it to calculate and process the settlement.

 

I will email them to accept their offer and see what they offer.

Slow progress but hopefully the end may be in sight.

 

My husband's PPI claim with Santander took just 6 weeks from claim to payment in bank. I'm so jealous!

[Madmickbiker]

Offer finally received from BC re CC, just waiting for payment to come through. They have acknowledged receipt of loan claim so just have to wait....again.

[Madmickbiker]

UPDATE: How strange that BC have just sent me a cheque for the loan out of the blue...no arguing the case, just a cheque and the breakdown. More than what I had calculated so happy with that. Just waiting still for the BC credit card cheque. Barclays must finally be getting their act together.