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    • Defendant details A defendant is the person or organisation that the claim will be issued against (i.e. the party who owes you the money). You should consider the following: a) Number of Defendants There can be up to two defendants for claims issued via MCOL – for claims against more than two defendants you should contact the County Court Money Claim Centre. If you want to issue a claim with two defendants you will need to click the ‘Add a 2nd defendant’ button.   Please note that each individual should be listed as a separate defendant. For example, if you were issuing a claim against a husband and wife, they need to be listed separately as the first and second defendant and not on one line as “Mr and Mrs”. b) Choosing the Defendant(s) Each defendant can be one person or an organisation (such as a limited company). Remember, amendments after issuing the claim can be time consuming and may incur additional fees, so you should consider carefully who is responsible for the debt when adding a defendant(s). Please note, court staff are not legally trained and therefore cannot tell you who the defendant(s) should be. If you are unsure who to claim against you should seek legal advice. You should make sure the information you provide is accurate and complete. For any individual defendants you should make sure that you include their forename and family name and that you have spelt their name correctly. For organisations, you should make sure you have the full, registered name of the company. Please be aware there may be several companies with similar names therefore if the name you provide is incorrect you could inadvertently issue a claim against the wrong company. Please be aware if you use the incorrect name it may not be possible to register judgments or take enforcement action at the later stages of the claim.   Providing a valid address for each Defendant You need to provide a full address within England and Wales for each defendant, including the post code. This is known as their service address. MCOL does not have jurisdiction outside England and Wales, claims issued to addresses outside England and Wales will be invalid.  if the defendant is an individual the claim must be served to their usual or last known residential address  if the defendant is an individual using a trading alias then the claim may be served to their usual or last known residential address or their place of business  if the defendant is an organisation then the claim may be served to their registered office or to the address where you have been dealing with them Further information on choosing the address for service correctly can be found in the Civil Procedure Rules 6.9. An online version of the Civil Procedure Rules can be found at: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/.   Andy
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mfr946

Barclays said no ppi - now CMC has won for me - are the bank responsible for the CMC fee charged as they initially misled me?

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Hi, 

I was told by Barclays that I did not have PPI but I knew I had. 

I resorted to using a claims company who succeeded in getting the claim but obviously I had to pay them 24% fee. 

 

Can I claim the fee back from Barclays as they should have paid me when I first claimed (via Resolver). 

I do have paperwork from Barclays saying that I couldn't claim.

Thanks.

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In principle I have to say that if the bank misleads you for some reason other then there is definitely a chance that you should be able to recover your expenses from if you have to go for independent help.

However you need to give us far more detail as to why Barclays said that you couldn't claim.


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OK I will find the paperwork and get back to you..

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They told me in 2017 that I because it was over 6 years since the account was taken out (it was in 1996) and over 3 years after I changed the account (2004) that I could not claim.  I did refer it to the Financial Ombudsman but did not get any response.  When I did get the claim upheld it states it was for PPI on an overdraft dated March 1998 to July 2004 which is obviously within the timeframe they previously said I couldn't claim for.

Your advices would be appreciated.

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You say that they told you in 2017 – do you have this in writing?

When you say referred it to the financial ombudsman – was this as a result of a final response letter from the bank? Were you ever issued with a reference number by the ombudsman service?


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Yes I have the letter from Barclays dismissing my claim.  When I sent the complaint form to the Ombudsman I was out of the 6 month time frame as stated in the Barclays letter which is probably why I did not receive anything from them.

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Okay. If you have a letter which clearly states those reasons for denying you your PPI claim then you are on a good start. However I think it's going to take a long time and don't expect Barclays to be very cooperative.

You could begin by bringing in immediate legal action but maybe the best thing to do is to begin a new complaint of Barclays and then when they give you their final response letter to take it to the ombudsman.

On that basis I think that you should contact Barclays and begin the complaint and confirm in writing. Confirm everything in writing and also read our customer services guide and implement the advice there.

Your complaint of Barclays will be that during your original PPI claim they declined the claim on misleading grounds so that their wrongdoing left you with no choice other than to turn to a professional claims management company. This put you in a position where you were obliged to pay fees which if Barclays had dealt with your claim correctly, you would have not been obliged to pay.

Therefore it is a result of Barclays unfair treatment of you that you have suffered a 24% loss in the money paid out to you.

Use this as the basis of your complaint to Barclays and when you get a final response letter, don't hang around. Make the complaint to the FOS immediately but come to us so that we can have a look at the wording of the complaint you are submitting to the FOS.


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OK thanks, I have just found that I did refer to the Ombudsman in July 2017 (the Barclays letter was May 2017) and have a reference number but have nothing else from them after that?

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Okay in that case begin by contacting the ombudsman – try doing it by telephone and ask them what's happening because you've never received any information.

I hope you won't mind me saying that it seems to me that you need to get on top of your files and have them organised and your paperwork under control.

When you find out something from the ombudsman comeback you


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OK point noted!  I will try to contact them this week.

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professional claims management company:lol:😚🕵️‍♂️😂😄

 

don't think that's the right description of any CMC

commercial possibly

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Whoops, – my bad.


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