Maforduk Vs Barclays

[maforduk]

I have sent a letter off today pasted and copied from the library asking for Data held on my file regarding bank charges etc against me over the last 6 years.

I will let you know how it get's on.

[maforduk]

I sent a letter to Barclays asking them to refund the PPI (Payment Protection Insurance) as I never requested it.

They sent me a long letter saying that I had the right to cancel it when I signed the contract etc within 30 day's. But I signed it on the knowledge that I never asked for it in the first place and wouldn't think it would be there. I also needed the loan quickly!

They also said that I refused a partial refund previously to which I have never asked them about the PPI before!

 

Do I go back to them and still demand a full refund etc?

Thanks.

[JamesBooker]

I've just had £1300 worth of PPI refunded by Barclays so it can be done. They will try and fob you off so you'll have to act determined. Tell them you'll write a thousand letters if you have to, they don't seem to like that prospect. Explain that you feel you've been manipulated into taking the insurance and that you've been misled about your right to cancel.

 

 

Helpful thread at MSE

http://forums.moneysavingexpert.com/showthread.html?t=117175

 

Sample refund request letter

http://boards.fool.co.uk/Message.asp?mid=9659780

[maforduk]

This is the letter that I recieved off of them:

 

Our reference: XXXXXXXX

24 March 2006

 

Dear Mr Ford

 

I refer to your recent letter. You applied for a loan online and after being accepted you noticed that it is a protected loan, which you have mentioned that you did not want and did not choose to have. You have been advised that you can cancel the PPI contract at any time and recieve a partial refund of the premiums paid. However, you feel that you were mis-sold the insurance and have asked for a full refund of the whole premium.

 

The Barclayloan you refer to was opened in November 2003 and was taken out for a period of 5 years. Once the forms of agreement have been returnd to us, the funds from the loan are released into the customers account and you have entered a legally binding contract.

 

A further letter is issued enclosing a "Rights to Cancel" following the opening of the Barclayloan, giving you a 5 days return should you not wish to proceed with the Barclayloan or if you do not agree to any of the original terms.

 

Once the insurance protection request has been sent to Barclays Insurance and accepted by them, a policy document is sent to you giving you 30 days to canel at no cost to the customer.

 

If no response is recieved following these letters then we assume that you are happy with the terms of the loan.

 

I am sorry, but I do not feel that the loan has been mis-sold and I cannot agree with your request for a full refund of the insurance premium.

 

You can reschedule your borrowing by applying for a new Barclayloan without insurance and with the proceeds repay your existing loan. A refund of the remaining insurance premium would then be available.

 

You can apply for a new Barclayloan by visiting a branch or by telephoning Barclayloan Direct on 0500 200 250.

 

I hope I have answered all your concerns. If you would like to talk about this further please call me on 0800 282 390. I will keep your complaint file open for 8 weeks so you have time to consider my response. If I have not heard from you by then, I will regard your complaint as closed.

 

Our aim is to resolve all complaints internally, although we recognise this may not always be possible. If we are unable to agree a way forward you may be able to ask the Financial Ombudsman Service to review your complaint. We will help you if you would like to do this; however, I hope we can resolve matters for you before you take this step.

 

You can find more information about how to deal with complaints and the Financial Ombudsman Service in the leaflet enclosed with our letter dated today.

 

Please accept my apologies for any inconvenience caused.

 

Yours sincerely

 

Paul Crump

Customer Relations Manager

 

==========================================================

 

Anyone have any advise on this please?

[maforduk]

It's now the 30th March and I haven't heard anything about my DPA request!

Should they sent a letter out asking for the £10 payment or a letter of confirmation?

[maforduk]

Well i'v had the information I have requested and they didn't even as for £10!

Same as my wife, she had her information from Natwest without asking for £10 either!

 

Anyway, Barclays have charged me £1,395 in charges in the last 6 years! Letter of money claim is getting sent out today.

[fairylights]

how come you didn't send them £10 to start with? I'm just drafting my first letter to ask for data and the template I have includes a bit saying "I enclose ..." did you just skip that bit?

[maforduk]

Yes, I just asked them for the information! They or I never mensioned any money!

I'm sending out the FIRST LETTER TODAY which allows them 14 days inwhich to refund me the full cost.

[kaznelson]

Good for you and keep us all up to date

[maforduk]

This is my RETURN LETTER to them after their initial response:

 

FREEPOST

Head Office Customer Relations

London

E14 5HP

 

Re: account ********

 

COMPLAINT

Your Reply Letter Reference Number: ********

 

Dear Sir or Madam,

 

My first response to you:

“Upon applying for the loan online and being accepted I have noticed that it is a Protected Loan. I did not want and did not choose to have PPI on the loan. I have been advised that I should therefore be able to cancel the PPI contract at any time and receive a partial refund of the premium that I have paid. In view of the way I was mis-sold the insurance, I would also like to ask for a full refund of the whole premium.

 

I would appreciate a reply to this letter within fourteen days. If you reject this complaint, I would be grateful if you could explain whether you provide an internal appeals process. If you do not, please supply me with a final response letter, so that I can take up the matter with the Financial Ombudsman Service.”

 

The response I received from you:

‘Please see Copy Attached’

 

What I require:

I require Full reimbursement of my PPI.

 

My targets to resolve this matter:

After receiving your letter reply, I am not happy with your response. I believe I was mis-sold the PPI on the grounds that I never asked for it when I applied online. I have had previous loans with you and I know about the Terms & Conditions regarding the “30 days no cost to cancel” the loan.

This is where I believe the legal mis-selling comes into it. I was under the impression that there was no PPI on the Contract as I specifically did not ask for it online. As a result of needing the loan to go through as quickly as possible, I signed and returned the contract under the impression I was paying back just the loan. It was only recently that I realised that it had PPI on the loan after accessing it through the internet banking service.

I would like the PPI cancelled from here on and on top of that a full refund.

If this does not happen, I will be sending a final letter to Barclays allowing you 14 day’s in which to reflect upon your decision before starting legal proceeding’s.

 

 

 

Yours faithfully,

 

Mark Ford

[/Quote]

[maforduk]

Paul Crump

Customer Relations Manager

FREEPOST

Head Office Customer Relations

London

E14 5HP

 

Please Sticky

[Bookworm]

It's there already, I don't think the name is needed.

[maforduk]

I have had no response from my letter and I even spoke to someone saying that they did not recieve my letter and requested that I faxed it to them.

I did. Still no reply and I had to cancel the PPI myself.

I'm paying off the loan with an early settlement tomorrow.

 

I'm also sending them a letter before action tomorrow.

[maforduk]

Letter Before Action Sent today 20/04/2006

Here is the letter:

 

My address

 

Paul Crump

Customer Relations Manager

FREEPOST

Head Office Customer Relations

London

E14 5HP

 

20th April 2006

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: ********

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

After my initial request for the PPI to be refunded in full you replied by a letter.

I have since replied to that letter and not only that, I have spoken to and faxed over my response to your customer services department, I have the proof that the fax was successful and even a contact name to who I spoke with. Since then I have heard nothing back from you (Barclays) and have no other choice but to send you this letter before action.

I have had to cancel the PPI myself in branch with the Advisors at the desk and I’m also settling the loan with an early settlement.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

There will be no further communications from me unless a successful full refund is implemented.

 

 

Yours faithfully,

 

[/Quote]

[maforduk]

Letter Recieved offering £500 settlement:

Dear Mr Ford

 

I refer to your letter of 20 April.

 

May I say how sorry I am to learn that you feel the bank charges you have incurred are unfair.

In your correspondence you have referred to elements which you feel support your claim. Barclays is aware of the information you have drawn to our attention. I must inform you, however, hat we disagree with your view.

 

When an account is opened with us, our customer is provided with a copy of the Terms and Conditions relating to the use of their account; including details of our charges. This information clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the Terms and Conditions, we provide details of these changes to our customers in line with the Banking Code. Details of our Terms and Conditions, along with our charging tariff, can be obtained at any of our branches, or via our internet site, http://www.Woolwich.co.uk/Barclays.co.uk.

 

Despite my comments above in relation to your views, on this occasion, and without any admissions as to the basis of your complaint, I am willing to offer the sum of £500.00 towards the total amount you are seeking. This is with the cost and inconvenience inherent in a further dispute in mind and is intended as a gesture of goodwill. If you would like to accept my offer please sign and return the enclosed form in the pre-paid envelope provided. I will then arrange for the payment to be credited direct to your account.

 

If you wish to discuss this letter, or you feel there are further issues I need to consider, please contact me on my direct telephone numbr 020 7**6 30**. If you are dissatisfied with my proposal for resolving your complaint you may ultimately be eligible to refer to the Financial Ombudsman Service. The leaflet sent with our letter of 5 April explains oir complaints process and provides details regarding the Financial Ombudsman Service.

 

In accordance with our standard practise, if I do not hear from you to the contrary within eight weeks from the date of this letter, I shall assume that your complaint is resolved and close my file.

 

Yours sincerely

 

David Chapman

Customer Relations Manager

[/Quote]

 

What Shall I do now, Claim online or write another letter?

What of the £500?

[fairylights]

Hey Maforduk

 

Since you were the one that spurred me on (don't know why you particularly, but there you go) my statements arrived today. I'm going to go for the full whack even if they offer half, since it's my money. £625. Imagine what I could do with that!

 

Good luck with it - am just off to find which letter to send now!

[crawley_girl]

Write and say thanks for the £500, however if I don't receive the outstanding amount of £x within the next x days then I will be filing a claim.

 

Am in exactly the same boat...

[Natasha]

Write and say thanks for the £500, however if I don't receive the outstanding amount of £x within the next x days then I will be filing a claim.

 

Am in exactly the same boat...

 

I agree! hold out......... and you'll received the full amount.

[maforduk]

Thanks for the advice, do I send the £500 offer back without signing for it?

[dw190]

Thanks for the advice, do I send the £500 offer back without signing for it?

No just keep it for reference.

[maforduk]

Write and say thanks for the £500, however if I don't receive the outstanding amount of £x within the next x days then I will be filing a claim.

 

Am in exactly the same boat...

Anyone know if this is the right course of action?

Of apply to the online courts now?

[maforduk]

Can we quote these Settled Litigations in our Defense at court?

[Maxie]

You can but it would be pointless. The banks always make settlements without admission of liability, so if you said last month they settled for xyz they would simple counter that by drawing the court attention to the unchallenged and accepted settlement was without admission so therefore no conclusions or inferences can be drawn.

[maforduk]

Thanks for your quick reply.

Mark.

[maforduk]

Hi,

An Update:

I am Filing for online Claim Today 04/05/2006.