Suing Barclaycard over PPI

[Splashy]

Hi,

 

After over a year of trying I have finally received a calculation from Barclays for my Mastercard which I took out in 1996. After the involvement of the Ombudsman they offered to settle out of good will with no admission. The offer letter I received stated that they are admitting that I was missold.

 

The letter is a little cryptic in that it states that they are "not required to retain statement information for more than 6 years" and that the value of payments prior to 2005 would be calculated assuming that the payments reduced at a steady rate to 0 going back to 1996. They say that they are happy to recalculate should additional information be provided.

 

Who in their right mind keeps statements going back to 1996 ????

 

Well, my wife has been going on at me for years to clear out my paperwork. I am so glad I did not listen. I have found statements going back to 1996.

 

Putting these into the calculator makes quite a different picture.

 

I do have a couple of questions though.

 

What interest rate should I use when calculating compound interest.

Do you think Barclays really do dispose of records from before 2005.

 

Many thanks for all the great advice that I have received and I cannot thank the Ombudsman enough for their professional and considerate service.

[citizenB]

Barclaycard do indeed keep paperwork going back further than the 6 years they say they do.

 

Have a read of the thread linked below.. I am sure there is some information on there that will help with the interest calculations.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?370305-Shelley-v-Barclaycard-PPI-3rd-claim-**SATISFACTORY-OUTCOME**

 

I will also send out S.O.S. for you

 

HTH

[dx100uk]

got 'em by the tight and curlies then

 

i'd use 24.9%

 

though if you wish you could use an avg for the whole claim.

 

dx

[slick132]

Hi Splashy,

 

Various users have been successful in getting data from BC that's older than the six years they say they keep. We know they must retain the data in one format or another but they keep this as quiet as they can.

 

I assume you have already entered the further data onto a spreadsheet.

 

To get BC to use this older data, I suggest you send them your spreadsheet saying you have used data from old statements that you have, and see how they respond.

 

Whether you use a rough average of the card's interest rate, or a notional rate for restitutionary interest at 24.9%, BC will probably come back with a lower settlement figure. They also tend NOT to disclose their workings, making it difficult to check the veracity of their figures.

 

[Splashy]

Thanks for the info. I spoke with Barclaycard today and they say that they have data from 2001. I cannot have that data since it is "internal" data.

 

I will be sending them my spreadsheet along with copies of my statements.

I will be using 24.9% (which is the current rate on the card) since, as you suggested, they will most likely lower it, but at least they will have to tell me what it is. They refused to tell me what rate they had used in the calculations.

 

It was interesting to read today that Barclays have been accused of using their customer service people to stonewall customers. They kept me waiting for 6 months until they thought that it was out of the Ombudsman's reach. Fortunately I recorded every call I had with them and so was able to put them straight.

[dx100uk]

post the link please

 

dx

[Splashy]

Can't post links sorry, but google search on thisismoney and Deloitte-helped-Barclays-process-PPI-complaints-bank-confirms

 

 

 

It is from June but I totally agree about the ignoring fraud as well. On my Egg card I had PPI applied but on requesting the SAR it was clear that they had not contacted me when I was supposed to have taken it out. The nearest contact was some 2 months away. Clearly the agent in question was getting commission without bothering to even ask the client. This was all ignored and nothing more was said about it. They upheld my complaint but unfortunately at the time I really needed the money so I accepted, wish I could have brought the fraud to light.

[dx100uk]

http://www.thisismoney.co.uk/money/news/article-2339873/Deloitte-helped-Barclays-process-PPI-complaints-bank-confirms.html?ns_mchannel=rss&ns_campaign=1490

[slick132]

Hi Splashy

 

I've sent you a PM and please hold off any action for a while, so we can see how best you should proceed.

 

[slick132]

Hi Splashy,

 

As you've never sent BC a SAR, please do so now, enclosing the £10 fee.

 

Use the normal SAR letter but adapt it to include specific requests for :-

 

Data relating to my Barclaycard account from the date it was opened, whether the data is held on your current system, on Microfiche or on any other system that retains my data. I am already aware that you have data from 2001 although I was told this was "internal data". I must remind you of your duty to provide me with all data which you hold, imposed by the Data Protection Act.

 

I also require a recording or full transcript of the telephone conversation which took place around xxxxtime on xxxxdate, when I spoke to a BC rep on xxxx xxx xxxx [telephone number].

 

Send by RM Signed For delivery to :-

 

Barclays Bank PLC t/a Barclaycard

1 Churchill Place

London

E14 5HP

 

[WebMaster]

Might interest you, Splashy:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?206050-Webby-v-Barclaycard-**WON-with-CCI-and-Older-Charges**

 

First few pages of that thread are about BC withholding data from over 6 years ago (which they did have).

 

On the last page, you'll see I calculated interest at their 'cash advance' rate.

[Splashy]

Very interesting reading. I have recalculated based on the statements that I have and assumed an incremental increase in the PPI payments.

 

I have also calculated using interest rates on the current cash rate.

 

I think that they calculated the 8% based on their dodgy figures so I guess that this should be a bit more as well.

 

I will be filing a SAR request tomorrow.

 

The one thing that this whole sorry story has told me is that you need to record every phone conversation you have with these banks and also keep a very complete record of who you spoke to, when you spoke to them and basically note down as much information as you can.

 

I am an iPhone developer and was wondering whether the forum would like to have an iPhone app that recorded telephone conversations and allowed notes to be made regarding the pertinent points of the conversation. The iPhone app would also contain information like the contact addresses for filing SAR requests and it could also have a repayment calculator since you cannot trust the banks to calculate this on their own. If the forum would be interested in this then I could write this app and then release it through the forum. I am not looking to make any money from it, it would be purely for the benefit of the members and it could help to fund the continuation of this excellent site.

[Splashy]

I am almost ready to praise BC on their fast response ...

 

I received a cheque this morning, that is only a couple of days after receiving their offer letter.

 

Do you think that this is a new BC that is really trying to get people sorted out as quick as possible or do you think that they are trying to get me to a quick settlement for 1/3 of what they owe me?

[slick132]

Hi Splashy,

 

A fast payment is usually an attempt by a bank to settle at a lower amount. They hope you'll feel "A bird in the hand is worth two in the bush".

 

I'll refer you iPhone App Development idea upwards for consideration, thanks.

 

[Splashy]

In April 2013 I was offered a settlement from Barclaycard but they did claimd they did not have records prior to 2001.

 

I supplied them statements going back to 1996.

 

Since then they have lied to me claiming that the settlement had been referred to their "Star Chamber",

that a settlement was very close etc etc.

 

I have since found out that it was only referred to their recalculations department in December.

 

I have recorded all the calls with Barclaycard and so can prove that they have lied to me.

 

Now they say it is in the recalculations dept and they refuse to give me a date for working my case.

 

What are my options.

 

I would dearly love to take them to court for lying to me.

 

The FOS seems to take little interest.

 

How can I make Barclaycard pay up and also feel the pain that I have felt over the last 2 years.

[dx100uk]

ok so they have stalled you.

 

you are laughing at them

because your interest on the claim is rising everyday

at their card interest rate

and from 1996 that will be a very tidy sum.

 

of course you have used their card rate in you calculations?

 

dx

[BankFodder]

Maybe you could lay it out in more detail for us.

 

Have you read all about BCOBS?

[Splashy]

I took out PPI in 1996 during a meeting with my account manager.

He signed the form and offered to post it for me.

 

My claim for PPI was rejected in May 2012 since they said that since it was posted no sale had taken place.

 

On numerous occasions I asked for the copy of the agreement since I knew that this had my account manager's signature on it.

They promised to send to me but never did.

 

I went to the FOS (who were excellent) and Barclays agreed with me and Barclaycard decided that I had been missold.

 

In May 2013 Barclaycard made me an offer and without me accepting it sent me a cheque.

They said in that letter that they had records going back to 2001

but if I had further records then they would be 'happy' to recalculate.

I immediately sent them statements going back to 1996.

 

Since then they have lied about the progress of my recalculation.

 

In July/August they told me my claim was very near being finalised.

 

They told me to cash the cheque I had been sent and that my claim had gone to the 'Star Chamber'

where they work on cases that have resulted in a larger payout than previously calculated.

 

In December I found out that my claim had only gone to recalculations on the 12th December.

It was confirmed to me that all previous communications had been lies

and that they could give me no date for the recalculations to take place.

 

It is now the end of January and they still refuse to give me a date.

 

I have recorded every single conversation that I have had with Barclaycard (some 25+ calls).

 

The whole process has wasted so much of my time and caused a lot of stress.

It is the lies that I have been told that has totally exhausted me.

 

I am thinking that the BCOBS court action would be the best way forward.

Since I have recorded all calls I cannot see any possible way that they can wiggle out of it.

I would however like to have compensation for their treatment of my case.

This is not just for me but for the exposure of their lies.

 

I have been meticulous about recording all conversations but this should not be necessary.

I would like to share the pain with Barclaycard.

 

I have not gone through all my recordings yet.

It will be such a painful and time wasting experience but I know it would make great court time.

 

Your site has been a real benefit to me and has been a source of information and inspiration.

[Splashy]

After Barclaycard lying over several years over my PPI claim the only course of action is to sue them.

 

They have delayed action on my claim for nearly 2 years and most recently have lied about the progress on my claim. I have recordings of every phone conversation that I have had with them and admissions that previous update information have been false and designed to mislead.

 

I have calculated that they owe me some £50,000 but need to know how much I should sue for. I would like to sue them for time wasted and damages for their lies and the trauma that this has caused me and my family. I know that the system is not the same as in the USA, I cannot claim for 2 million etc but how much should I claim for and how should I start this off.

 

Because of the amount involved I know that this cannot go through the small claims route. I would like to represent myself so any help and guidance would be very gratefully received.

[dx100uk]

is this the egg card ppi claim

 

dx

[Hortz]

On what grounds are you going to sue them?

[Hortz]

Did you tell them you were recording the calls?

[renegadeimp]

You dont need to tell them you recorded the calls. You cant use the calls in court but you can use transcripts.

[Splashy]

It is a Barclays MasterCard, I also have a Capital One but will do that one later on.

 

The MasterCard dates back to 1996.

[Splashy]

Did you tell them you were recording the calls?

 

I have told them that I was recording calls and they have replied that so do they. The transcripts will be used anyway and I guess the recordings are useful so that you can write down exactly what was said and then prove that should they deny saying it.