PPI rolled over loans. Incorrect APR Rates On Agreements

[tigger74]

I have started having a sort through old paperwork from the last 20 years, imagine my surprise about the gems one finds.

 

My first loan was with Barclays in 1996 for £1795.44 and PPI was added, I was self employed at the time.

 

The next loan was with Barclays in 1997 for £7273.40 and used to pay the previous balance off....

PPI added....I was still self employed

 

Then had an egg loan in 2000 for £5831 which was used to pay off the previous balance( PPI added).

The next egg loan was in 2002 for £15241.66 which was used to pay off the previous balance( PPI added). PPI settlement from egg on this back in 2012 for 6.5k.

 

The next loan was a Barclay loan in 2005 for £23331.36 and paid previous balance off and trip to AUS. no PPI on this one.

Renewed Mortgage and paid of previous Loan 2006 Chelt & G.

 

So at this moment is it worth firing off a claim for the first 2 Barclays loans ?

Egg is obviously done and dusted in settlement.

 

The next area that I have now noticed on the 23k Barclays loan, Is that the bank copy and my copy of agreements are different.

 

Also on both, Apr is shown as 7.9% that doesn't add up right to the payments 48 x £486.07= 7.767 % not 7.9 or am I looking at this wrong?

 

If the document has the wrong calculations what options are there ?

 

Tigs

[dx100uk]

no if they are all in a chain then its ONE CLAIM

 

 

have you all the statements?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?318646-PPI-Single-Premium-Your-questions-answered(1-Viewing)-nbsp

 

 

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

[tigger74]

Pretty Much, I have Got The agreements for all loans.

 

 

Bank statements wise, I have the ones up to egg Then odd ones around 2005. Switched to online around that time so didn't keep them.

 

 

Tigs

[tigger74]

The Barclay loan for 7k doesn't show the original amount loaned against it. Simply states 4.5k on the loan statements. so even the statements are wrong that they produced ;p

 

Where the devil do i start with this lot...?

Tigs

[dx100uk]

time for an sar to Barclays

get everything you can FIRST

on all the loans

 

 

dx

[tigger74]

My SAR is outstanding since last year!!

 

 

I have never been contacted by Barclays to confirm the SAR is ready to collect from the branch, Its a complaint in waiting, as was requested to complain over excess charges and packaged ACC...

 

 

Barclays will be getting a lot of complaints on the way, am I right in thinking PPI claim/ Incorrect statements and Apr rates so a possible claim on this separate to the PPI?

 

 

Tigs

[dx100uk]

bit late now, water under the bridge for complaints on wrong apr etc

but worth a visit later

 

 

why not send a new sar?

[tigger74]

Will send them a letter on the outstanding information, or ask for my £10 back with interest. rofl wonder what the response would be.

 

Not until you start to look at these things with different eyes, that you see the mistakes they have made.

 

 

And since going to court with MK cow boys and Barclay Indian,s and seeing the games they played. That I now take more notice when I look at this stuff.

 

 

Currently starting to fill out the information I have , which is being honest about 99 percent what I need.

 

 

And managed to found out Barclays gave me a discount of £40 pounds for paying back the first loan 6 months early with PPi

tigs

[slick132]

Hi Tigger,

 

I'd send a Formal Complaint to Barclays London HQ, enclosing a copy of the original SAR request.

 

Tell them unless they reply to you within 14 days to explain why they've failed to comply with the SAR, and agree to respond properly to it now, you'll go to the ICO and take court action forcing compliance.

 

[tigger74]

I have sent a complaint Letter to the chief ex.

 

Complaining about Barclays conduct in relation to the SAR,

I Previously had a letter saying they would arrange to send the SAR to the branch in June 2015. ( Attached).

 

Also complained about the PPI & the false statements of account, that I have now discovered.

And also asking for the knock on effect, to the other loans to be addressed. ( Attached).

 

This is the golden nugget today :)

 

Barclays have replied to my on line complaint over PPI,

and they can confirm on checking my history I have never held PPI with them......

 

I have never had PPI on any of the loans which I have held with them ;p

ow dear the paperwork says different

 

Tigs

[slick132]

Hi Tigs,

 

Thanks for the update and let us know what comes back from the CEO's office.

 

[tigger74]

I had a phone call from the CEO`S office Yesterday,

and must admit it shows the state of Barclays bank systems.

 

The Member of staff was very polite and professional, and explained that she had looked into the SAR documents, and the information was sent out to branch last July.

 

But the branch manager in his wisdom had returned the information to be destroyed because no one showed up to collect the information......

 

On being asked how I would know to collect the information the flaw in the system was discovered.... New SAR is being prepared and she will ring me to confirm the documents are in the branch and ready to collect, rather than let the branch mangers system help again...

 

In relation to the PPI, they will look into any complaints I have.

But they cannot calculate any figures directly, as it isn't her area for working out any redress.

But simply to act as a point of contact on a customer service side in relation to the CEO`s office.

 

I sent a recorded delivery letter yesterday with supporting documents requesting that Barclays refund the monies, and I have supplied them the calculations.

 

Must laugh today I have received another letter...

.They have reviewed the previous decision From last week and can confirm that I have never had a PPI policy with Barclays.

 

 

And included a letter to say the matter has been resolved and the complaint was not upheld"

because the bank has no records of any PPI policy being sold...on any of my loans..

 

So What options do I have ?

supply a third lot of documents showing I was charged for PPI,

the loan statements were wrong,

Apr was wrong,

complain again?

 

Or FOS and let them sort it out ( Hold my breath, or not).

 

Third option small claims court?

 

Tigs

[Fedupandfightingback]

Did you send copies of the agreements showing that there WAS PPI added to the loans ?

[tigger74]

Yep, all copies showed PPI added in the Loan agreement calculations.

 

Current account bank statements, showed the amount transferred in from the loans, and monthly amount paid out = the loan agreements + PPI.

 

Supplied copies of my loan statements which showed incorrect amount for starting loans...

 

 

Tigs

[tigger74]

I have finally got my SAR documents from Barclays last Friday ,

but must admit waiting 45 minutes for the staff to find the documents was an absolute joke....

 

Having been contacted by Barclays ( by phone) they upheld my complaint

and agreed to Reimburse me £125 for the failing,

which they were going to pay into my current account.

 

I have sent a letter asking which account the monies are to be paid.

 

I have no open accounts to my knowledge, so have asked where and which account they are crediting.

I had a joint account attached to a mortgage which when the other party agreed to all liability's,

my understanding was that I should of been removed as was a mortgage reserve account.

Also on top of this Barclays have a closed current account with a balance on.

 

The Claim for PPI and interest is being reviewed, but per the Sar I now have statements back to about 1996

for the 3 Barclay loan payment amounts

 

I have got some concerns on this one which will complicate it,

if Barclays try and pull the offset rule on the Current account,

then my claim will clear this and leave a nice sum over:)

 

 

I cant see The PPI claim not paying as the Loan statements are wrong to the agreements ( 1996/1997).

Which even if they try and pull state barred dribble,

im sure this can be countered with another section of the same act.

 

But what if they try buying back the MKDP debt which was dismissed last year

& was a mercers defaulted Barclaycard debt.

 

 

The Sar paperwork shows Barclays sold the debt off mid court claim,

that cant be allowed for a debt to be sold during a court claim?

 

Tigs

[slick132]

Hi Tigs,

 

Can you tell us more about the debt; who started the court action; when was the a/c sold; sold from whom to whom; how was the claim resolved ?

 

[tigger74]

The debt was x Barclaycard,

it was assigned to MKDP,

whom issued court proceedings as the legal owner,

 

 

the SOA according to the sar paperwork from Barclays was agreed after the court case was issued.

Barclays still added the balance of the court fee to the SOA, in their paperwork.

 

Some SAR sections seem to be missing entries....

. wonder why....

the details of these agreements obviously we are not allowed to see...

 

The claim was dismissed by the courts,

claimant (MKDP).

 

 

The mercers Default notice stuffs them on this one

,they didn't issue a correct default notice before court action...

 

 

Tigs

[slick132]

If BC sold the debt to a third party, BC relinquished their rights to the debt. Unless they repurchase the a/c, they can't withhold or set off part of a refund that's now due to you.

 

However, they may not see it that way. Also, if the FOS are involved at all, they will say the bank has a right to set off in respect of an unpaid a/c balance. That would certainly be the opinion of an Adjudicator but I had such a decision overturned when reviewed by an Ombudsman a few years back.

 

The fact that the court claim was dismissed just means MKDP couldn't get the court's backing to enforce the debt. But the debt still exists and, if BC repurchase the a/c, they would have the right to set off from a PPI refund.

 

[tigger74]

My gut feeling on what I have read about FOS is they are not impartial. seems to be one or two case where the banks have been caught talking to the FOS before replying to complaints from customers...

 

 

My gut tells me, court and set it out right, and argue away.

 

 

In effect Barclays have been caught yet again deceiving its customers, with loans back from 1997.

 

 

They hide the PPi from monthly statements,so in effect if you didn't have the PPi paperwork, or agreement. You would not of known about PPI being paid, as it wouldn't show. How many people have they done this two.

 

 

 

 

If we take into account an invalid default notice, In case law the redress was set at 1k ( Neutral Citation Number: [2011] EWCA Civ 1187 case no : b2/2010/1463)

 

 

my understanding of this ruling was that if proper procedure wasn't followed. then they could not claim any offset.

The default notice was invalid and, court action taken. ( they are stuffed) They would not be able to offset, surely the procedure wasn't followed correctly meaning they cannot offset.?

 

 

FOS wouldn't be able to award against a previous court order for dismissal in relation to another matter.

 

 

FOS say on the dribble....they wont get involved if court action has previously happened, that precludes them from awarding against the courts?

[Guest]

seems to be one or two case where the banks have been caught talking to the FOS before replying to complaints from customers

unsurprising. i think there was someones thread on it, where they had been caught out.

[tigger74]

Barclays are a complete shambles of an outfit, absolutely incompetent organised company...

 

 

Having updated my address details yet again on the 29th April for the 5th time in the branch, with my passport. This outfit still claim I don't live at my current address and my PPI claims will be closed...

 

 

 

 

My question is can I bill them for my wasting my time, on the 29th April ( 40 minutes in the branch, walking to and from the branch 20 minutes + driving 1 mile each way).. Obviously I need to go in yet again with my passport so bill them for this next trip... send the complaint to the head office?

[tigger74]

Or complaint to ombudsman on this one, im fed up keep repeating the same details, which its funny they can call me.. email me... send letters to me..

 

 

simple to update files, one would think..

[slick132]

Hi Tigs,

 

Don't attempt to bill Barclays for wasting your time but seek compensation for the time and effort you have wasted in dealing with the branch.

 

Go back to the CEO office by letter stating that, despite their previous intervention, you continue to receive the most awful service from your branch and you should be compensated for the time and effort wasted in dealing with what should be simple matters.

 

Tell them you want the branch to acknowledge that you live at your current address and deal with your PPI claim without further delay.

 

If you want, you could insist on a written reply. But you could leave that out if you're happy to have HQ call you like last time.

 

[tigger74]

I have had 2 calls today, and 2 emails from Barclays over the compensation for the SAR and my request for where the monies have gone..

 

 

Barclays seem to show an open joint account, which should of been closed in 2014, they have agreed to close it, which I think they have dropped a... because was attached to a mortgage, and all liability's where transferred to my x and court paperwork shows this....

 

 

The account they have confirmed will be closed, and the monies paid to my Santander account.. fingers crossed this will happen

 

 

 

 

Just spoke to the ombudsman, and as I have no current open accounts seems cant progress a complaint that way for the address issues.

 

 

Looks like another letter from me to the London HQ then , so I have 2 PPI claims, 1 sar dispute, 1 address dispute, 1 other ongoing which is a side line,lol

 

 

 

 

cheers for the help slick will send letter as advised

 

 

tigs