Barclaycard PPI reclaim - help please

[Diff]

I have held a barclaycard since I was a student in 1998.

 

In 2006 I was sold a ppi on this card over the phone.

 

At the time I was working full time on a fixed term contract.

 

I had been working at this institution for 1 year.

I was eligible for generous sick pay and redundancy pay.

 

I applied for a sar on this account and received a sheet titled 'advised insurance sales details'.

 

THere follows a series of brief questions and yes or no to indicate my answer.

 

Firstly, it states this was an advised sale.

 

Next come the following:

 

Q: full time.

A: yes

 

Q: if you we're unable to work because you fell I'll or had an accident would your income still allow you o make payments on your barclaycard.

A: yes

 

Q: 27-52 weeks.

A: yes

 

Q: do you have savings or other income you could use to make payments on our card.

A: yes

 

Q: unemployment insurance.

A: no

 

Q: accident insurance.

A: no

 

Q: sickness insurance.

A: no

 

Then it says customer accepts recommendation

- now, based all all this info

- do I have a claim for mis selling.

 

As far I can i can see I think I may but could do with some advice please.

 

Many thanks

[BankFodder]

From your answers, it would seem already that they have recorded the information erroneously because you weren't exactly in full time employment. You were on a fixed term contract.

It maybe that the information was recorded incorrectly - either by accident or deliberately - or maybe more likely, that their questionnaire wasn't constructed adequately so as to allow this kind of question to be asked or such an answer to be recorded.

 

It seems that you may have a claim for misselling. Also, was this a cold call? Where were you at the time? Were you at work - which wuld have made it difficult for you to have a meaningful considered conversation?

[BRIGADIER2JCS]

How long was the actual term of the contract?

[Diff]

From your answers, it would seem already that they have recorded the information erroneously because you weren't exactly in full time employment. You were on a fixed term contract.

It maybe that the information was recorded incorrectly - either by accident or deliberately - or maybe more likely, that their questionnaire wasn't constructed adequately so as to allow this kind of question to be asked or such an answer to be recorded.

 

It seems that you may have a claim for misselling. Also, was this a cold call? Where were you at the time? Were you at work - which wuld have made it difficult for you to have a meaningful considered conversation?

 

Many thanks for your reply.

 

Maybe it was a mistake on my part in that they asked if I was full time and

I said yes as I worked full time hours (37hours) and therefore wasn't part time.

 

I definitely wasn't asked about my contract type as I would have answered correctly.

 

It was indeed a cold call.

 

From what I remember it was in the evening and I do remember them being very pushy.

[Diff]

How long was the actual term of the contract?

 

It ran from April 2005- October 2006 then was renewed in the October for a further 5 years (it was a research contract) but I was employed by a big university

[Diff]

Can they recommend insurance just based in the fact I didn't have sickness cover

(that was the only negative answer I gave)

- they didn't ask anything about my employer cover

and seemed to ignore the fact I had other means of financial support

- and does the fact this was clearly an advised sale mean they are at fault

for not having asked the right questions or is that my responsibility?

 

I am just trying to ascertain if I was being really stupid

or I was sold something that was totally wrong for my circumstances

[dx100uk]

the simple fact you had existing sickness cover etc,

should be enough for a valid reclaim.

 

have a read of this from the FOS website.

[SabreSheep]

OOOh credit card

 

OK if it were me i would do the following

 

1) "Sar All Le Thingz" Subject Access Request everythign to do with the Credit Card

2) CCA request

 

Now you have the infomation you need (if you dont already)

 

3) work out PPI and charges resulting from it and submit a PPI complaint

4) Reclaim any credit card charges such as over limit, late payment charges and returned item fees AND either Interest charged on the charges by the CC OR more simpler in my mind, Interest of Restitution

[Diff]

OOOh credit card

 

OK if it were me i would do the following

 

1) "Sar All Le Thingz" Subject Access Request everythign to do with the Credit Card

2) CCA request

 

Now you have the infomation you need (if you dont already)

 

3) work out PPI and charges resulting from it and submit a PPI complaint

4) Reclaim any credit card charges such as over limit, late payment charges and returned item fees AND either Interest charged on the charges by the CC OR more simpler in my mind, Interest of Restitution

 

Thanks everyone! You've all been brilliant. I'm just going to go for it - and list all my reasons and see what happens!! Nothing to loose!

[BRIGADIER2JCS]

Good luck, you are on a winner I think!!!

[dx100uk]

i would not use the scattergun approach.

 

use the fact you had works cover only

 

then bring in the rest later if needs be

 

use the FOS Questionnaire not the BC one too

[Diff]

i would not use the scattergun approach.

 

use the fact you had works cover only

 

then bring in the rest later if needs be

 

use the FOS Questionnaire not the BC one too

 

Okay - shall I just not mention the fixed term contract thing at all? Can you bring In other reasons if the initial one isn't accepted? Is the bc form not the same as the fos one? Good tips! Many thanks

[Diff]

Does this sound weak? I can't answer the questions on what questions i asked and what was told during the sale as i really can't remember:

 

I was sold this policy over the phone by a call centre agent. i remember the agent being very pushy and stongly advised that i should take out this insurance. I decided to take out this insurance because i was advise to do so and trusted that it would be right for me and my circumstances.

 

And why i feel i was mis-sold:

I believe that this policy was mis-sold to me. Having seen the questions asked in a telephone sale transcript i am confused as to why the agent advised i took the policy out . At the time of taking out this policy i was employed by --------- and in the unfortunate situation where i would have been unable to work due to sickness or an accident i would have been covered by a very generous sickness policy of 28 weeks full pay and 24 weeks half pay. I know this was an advised sale as i have a transcript of the sales questions which states it was an advised sale.

[BRIGADIER2JCS]

You were employed full time with cover provided by the employer, you feel that you were incorrectly advised by the call centre sales person so this is clearly mis selling.

[Diff]

the full time thing is really starting to confuse me. my employer refers to full time as 37 hours and then you are either on an open ended or fixed term contract. should i mention this too? they asked me during the sale if i was employed full time and i said yes as as far i understood it, i was!

[BRIGADIER2JCS]

As you say 37 Hours is full time the contract was extended to 5 years, a lot more job security than many people have so it is correct.

[Diff]

thank you so much for your patience with me - i know i am totally clueless!! Shall i only bring up the fixed term contract thing up if needed? i see on the barclaycard form they have fixed term and full time as two separate options!!! on the form for the for it is either employed or temporary? was i temporary?

[Diff]

oh - and do i need to somehow get hold of my work contract from 2005 to send in ??

[BRIGADIER2JCS]

NO full time for 5 years end of.

[Diff]

many thanks! will update when i hear back from the lovely people at barclaycard!!

[Diff]

just out of interest - whats the difference between the barclaycard ppi claim form and the FOS one? is the barclaycard one written in a mre questioning way to try and catch people out (so to speak)

[dx100uk]

yep

 

and watch for probing phonecalls

 

everything in writing

 

put the phonedown!

[Diff]

yep

 

and watch for probing phonecalls

 

everything in writing

 

put the phonedown!

 

Thought as much. Will they accept the fos questionnaire or will they insist on filling out their own one

[Andybars]

Send them the FOS questionnaire, this contains all the information that they require. (if there is a reference on their questionnaire you should copy this across). Also keep a copy so if the case does need to go to FOS you don't have to fill in a second one

[Diff]

Hi all! I had a lovely letter yesterday saying by claim had been upheld and have been offered £4000 which is great!! Many thanks to all who helped me. Here is a link to the original thread!

http://www.consumeractiongroup.co.uk/forum/showthread.php?424247-Barclaycard-PPI-reclaim-help-please