Barclays ignores my LBA on a Failed SAR

[autumn53]

Hi friends,

 

I tried to search but most of the template letters are designed towards claiming single payment PPI, especially, for fresh cases.

 

 

Mine on the other hand were monthly payments and they were stopped by Barclays in 2005.

Why?

Because, I claimed back some of the money Barclays had been charging me in the name of their Additions fee that I had never opted for.

 

 

This probably prompted them to also stop my PPI immediately. And yes, I did not know what PPI was all about at that time.

 

Now, I wish to take up claiming back the PPI Bacrlays charged me over a period of 9 years (since 1996 to 2005)

 

My questions ..

 

1. Can one claim back the PPI they regularly paid some time ago in the past?

 

2. Do I need to first ask for my policy details, or should I simply write to them that this has come to my notice and was a mis-sale.

 

3. Is there a template on this site for the first letter I should be sending to the bank?

 

Help me. please

Hugs

Autumn

[citizenB]

You will need your statements in order to complete the spread sheet. You would obtain these by way of a Subject Access Request, there is a draft request in the CAG library.

 

The company has 40 calendar days to provide you with ALL data (including the statements). You will need to send £10.00 with your request.

 

I will find the link that will detail how you go about reclaiming the monthly premium style PPI.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

You will find the spread sheet you require and some instructions in the link above. Just yell if it doesn't meet your requirements.

[autumn53]

OMG thanks a bunch for reading my post.

 

 

I have been filing all my statements so I have them with me right now.

 

 

I wish to write to the Bank informing them of me discovering that the money was leaving my account in those years.

 

 

Could you give me the link to such a template and the right spreadsheet I would need?

 

 

Also, I hear that I need to see the Terms and conditions/Policy before I go ahead with the claim!!

Is that so?

I am very clear that I never opted for PPI and that it was a mis-sale.

 

Thanks a lot

[citizenB]

I will ask someone to look in and answer your queries in post # 4.

 

They might be a little later on as most of them have day jobs

[ims21]

Hi

 

Dropping in as requested.

 

First off, you don't need the T&Cs or the policy to make a claim for mis-selling.

 

The typical route to take is to complete a fos consumer questionnaire and send it to the lender with a brief covering letter. The questionnaire is available from here....

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

Give all of the reasoning for the mis-sale and use a continuation sheet if necessary.

 

The letter you send with it does not need to be fancy, just something along the lines of...

 

"Having established that I have been mis-sold PPI, please find attached my completed fos consumer questionnaire which together with this letter, lodges a formal mis-selling complaint with you.

 

I am aware that you have 8 weeks to investigate my complaint and if I do not hear from you within that timescale I will pass my file to the Financial Ombudsman Service for them to take it up with you.

 

Yours faithfully"

 

In order that you can check that any offer is correct, it is always wise to complete a spreadsheet which will give a good indication of whet you should expect back.

 

For a credit card the relevant spreadsheet is this one...

 

FosRunningPPI v102.xls

 

Follow the instructions in the "Notes" tab to complete it.

 

If/when you get stuck, shout here and we will help you.

[autumn53]

Wow thanks a lot both of you, CitizenB and Ims21.

 

 

I will draft the letter, complete the questionnaire and prepare the spreadsheet tonight.

 

 

I will post here the material I draft for you to okay whenever you have a moment to spare.

 

How kind of you to help. I really appreciate it.

 

Hugs

Autumn

[autumn53]

Hi again,

 

Thanks for your responses yesterday. Please could you take a look at this covering letter I have drafted and see if I have left out anything or mentioned something that should not be there. ...

 

Barclays PPI Department

Leicester

LE87 2BB

 

9th July 2013

 

Dear Sir/Madam,

 

Ref: [xxxxxxxxxxxx]

 

I took out your Barclaycard on 15th July 1996 at which time, I was sold a payment protection policy. The total amount of my premiums plus interest is £ xxxx.

 

I believe I was mis-sold the insurance policy. I was not given the option to opt out of this sort of a cover. I was in full time employment as a xxxxxxxx at the time of taking out this card and my employer xxxxxx provides a generous illness and redundancy package. The Financial Services Authority's advice to consumers is that it is not compulsory for a borrower to take out such an insurance policy. This Payment Protection Insurance cover was clearly mis-sold to me, hence, I request a full refund of all the premiums that I have paid so far, plus interest. This comes to £xxxx.

 

Please find enclosed herewith my completed FOS Consumer Questionnaire which together with this letter, lodges a formal mis-selling complaint with you.

 

Please investigate my complaint within the eight weeks allowed to you before the matter can be referred to the Financial Ombudsman.

 

Yours Faithfully

[Your signature]

 

Thanks and hugs

Autumn

[ims21]

Yes that's fine but just leave out the sentence about the total amount of premiums and interest.

 

They will work a figure out and make you an offer (if appropriate) and then you can check the offer against your figures to see if they are pulling the wool over your eyes.

[autumn53]

Ok great thanks a lot. I will do that.

 

Also I have not mentioned that the policy was terminated in 2005. You think I should include this?

 

Last night my husband told me that he opted out of the policy in 2005 although he did not know that he could reclaim the premiums. He simply asked the bank to cancel the PPI at that time.

[ims21]

I wouldn't bother mentioning it. They will spot it during their investigation.

[autumn53]

Perfect, Thanks very much. I will keep you posted.

Hugs

Autumn

[autumn53]

Oh apart from the above account I also have a Barclays master card and have paid PPI premiums on this card in the past. Although only for the year 2005.

 

1. Will it be advisable to make another claim simultaneously in a separate letter plus questionnaire?

 

 

Barclays PPI Department

Leicester

LE87 2BB

 

9th July 2013

 

Dear Sir/Madam,

 

Ref: xxxxxxxxx

 

It has come to my notice that a Payment Protection Policy was sold to me on my Barclays MasterCard account from the month of January 2005 till December 2005.

 

I believe I was mis-sold this insurance policy. I was not given the option to opt out of this sort of a cover. I was and still am in full time employment as a xxxxxxx r at the time of taking out this cover and my employer xxxxxx provides a generous illness and redundancy package. The Financial Services Authority's advice to consumers is that it is not compulsory for a borrower to take out such an insurance policy. This Payment Protection Insurance cover was clearly mis-sold to me, hence, I request a full refund of all the premiums that I have paid, plus interest.

 

Please find enclosed herewith my completed FOS Consumer Questionnaire which together with this letter, lodges a formal mis-selling complaint with you.

 

Please investigate my complaint within the eight weeks allowed to you before the matter can be referred to the Financial Ombudsman.

 

Yours Faithfully

 

 

 

2. I am claiming PPI for credit cards but, I also used to borrow 'personal loans' from one card to top up my debit card when it showed a negative balance. This loan simply showed up in my debit card a/c without any break-up. I have no idea if I paid a PPI on this sum too. Is there a way of knowing? Any advice on that?

 

Thanks Autumn

[ims21]

Each account should have it's own questionnaire and a separate complaint lodged.

 

When you took money from the credit card to top up another card, the transactions will still show on your credit card statement so you only need to concentrate on each card account (if I have read you correctly)

[autumn53]

Ok sorry that was my bad. I did not borrow from one a/c to pay for another. Now I know clearly what was going on.

 

Each time we ran in red on our Debit Card A/c we borrowed in that same a/c a personal loan that would top up the balance and make us go in green. Yes, kill me

 

This would be an amount that the Debit Card A/c will just show as incoming money. So if I borrowed say 1k on my A/c it shows exactly as 1k. How can I know if I paid a PPI on this. This has nothing to do with my credit cards. This is a personal loan taken out on a Debit card. So I just have my debit card statements that show the entries of this money as ...

 

Date Description Details Money in

xx/xx/xxxx Received from New Barclayloan Transfer xxxxx.xx

 

Obviously, I must have paid it back and yes I see those transactions too that look like this ...

 

Date Description Details Money out

xx/xx/xxxxx Payment to Barclayloan Standing Order xxx.xx

 

What I do not know is if there was a PPI on this loan. All I remember is no matter how much I tried, I just ended up paying the interest and very little towards the actual loan. Eventually had to remortgage my home to consolidate it all at a cheaper rate of interest.

[ims21]

Ah right...understand now.

 

You mention Barclayloans. These would have had loan agreements and you would need to check the agreements to see if there was any PPI attached to them.

 

If you haven't got the agreements then a Subject Access Request (SAR) might get them for you depending on how old they are. The bank does not need to hold on to any documents for an account that was paid off more than six years ago.

 

Have you already got any documentation for these loans?

[autumn53]

I have no copies of these agreements. So this is a case of an SAR. The time period in question is something like 1996 to 2003.

 

1 Will they entertain this complaint?

 

2. Is this the appropriate form?

 

http://www.fca.org.uk/your-fca/documents/subject-access-request-form-

 

3. Is FCA the people I need to write to?

 

Thanks for your precious time.

[ims21]

With loans of that age the bank may well not have any documentation as it may have been destroyed.

 

If you can get hold of the data then there is no reason why they will not entertain a complaint.

 

Forget the FCA, it is the bank to whom you are going to write. A SAR will get you all of the data the bank holds on you. It has a statutory fee of £10 to pay and the bank will have 40 days to comply. The template for the SAR can be found here. Make sure you add a line that says it is to include copies of all and any agreements you have ever had with them.

 

http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

 

As I say, it might be worth a go because you never know what a SAR might turn up.

[autumn53]

Yes I was looking at that link as you posted that reply. Sorry I am a bit slow. I thought those hyperlinks were embedded ads and avoided hovering on them lol

 

Yes it is worth a try. I am trying to learn how to use CAG mail for all my communications to the bank.

 

There is another thing that has been bothering me, although this is totally unrelated to this particular claim.

 

In 2007 I watched a whistleblower show about Overdraft Protection Charge. Coincidentally, I already had just discovered that every month for several years two separate sums had been leaving my debit card account. One for Overdraft Protection and one for Barclays Additions Fees. I immediately came to CAG and sought advice, followed the usual procedure of claim and prepared a spreadsheet that added up to a sum of £1637.50. This included the totals of two charges over the years plus interest.

 

I got the following reply ...

 

"..... Additions and Overdraft Protection Insurance facility would have been applied either in a branch or by telephone. A policy document for the Insurance cover would have been sent to you at the time, detailing the TnC of the cover .... Customers do have a duty of care to check their statements to ensure they agree with the entries and must inform the Bank immediately of any discrepancies ....Gesture of Goodwill, £326/- towards Additions and £288/- towards Overdraft Protection ... This relates to entries debited since 2001 which are refundable to the six years period reportable to the FSA. Bye bye"

 

I accepted this sum at that time. They ate a sum of £1000/- from my claim

 

Now, I do not remember at any occasion being asked for such a cover plus I was never sent any policy documents. I did notice these amounts a few days before the whistleblower show but thought those are compulsory fees or bank charges. I also hear that FSA has not set any such time period and the refund should be full and final. You are a pro, so please correct me if I am wrong. Also please advise me if I can make them reopen this case and get that £1000/- back from them.

[ims21]

I think if you signed an acceptance form which said that it is in full and final settlement of your claim against the bank then it would be very difficult to get it re-opened.

[autumn53]

I understand but I hear that the latest FSA guidelines say that the bank has an obligation to make full refund regardless of the date. I have all the statements from back then and also know that these FSA guidelines came much later after I accepted the Bank's offer. Will this too be worth a try?

[ims21]

Well, nothing ventured nothing gained but I think it is going to be difficult.

[autumn53]

Hi again,

 

There are a few fields that are asking me questions on the lines of policy no. and the circumstances of me taking out this policy. Trouble is, I do not have any such number and do not recollect signing anything. Unless, it was in the small print.

 

Can I not just say "Please check your records" for such questions, for example ....

 

1. Did the payment protection insurance provide single cover (to cover just you)

or joint cover (to cover you and your partner)?

 

2. How was the PPI sold to you?

 

3. And the Section E where it says ...

 

.....this page is for you to tell us what happened – when you took out the payment protection insurance

For example, please tell us any details you remember about:

Where the sale took place – and who you spoke to at the financial business.

The information you were given before you took out the insurance.

How the cost, benefits and terms of the insurance were explained to you.

The questions you asked before taking out the insurance.

Why you decided to take out the insurance.

 

My answer to most of these questions is as follows ...

 

"To my best recollection, I was never given the option of asking for PPI, it just came through automatically and the insurance was not discussed with either me or my partner at the time of application for the credit card. Please check your records."

 

What if Barclays has some records that prove I gave my consent!! It has been almost 17 years now.

 

4. In the section where it wants me to tell them why I am unhappy I have said the following ...

 

"When I was applying for the credit card I was not aware that it was against the law for the bank to force me into taking out a PPI plan. I do not recall being asked on any occasion if I would have taken such an insurance out. I have since been made aware of this and feel that I have been cheated and by somebody who I put my trust in."

 

Please could you comment whenever you have time?

Hugs

Autumn

[autumn53]

Hi Friends,

 

Please help me one more time as I had put this on the back burner for a while.

 

My question is about the questionnaire,

 

DID THE FINANCIAL BUSINESS GIVE YOU ADVICE OR RECOMMEND THAT YOU TAKE OUT THIS INSURANCE

.... YES

.... NO

.... CAN'T REMEMBER

 

Now the problem with this is that it none of the above apply in my case as they just started the policy without any discussion or written notification or anything. If I say NO then will I not be making their case stronger?

 

Please help me with this.

 

Hugs

Autumn

[ims21]

You can add a fourth option yourself.

 

Don't tick any of them but just put down that they just decided to slap it on your account.