brown1950
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Barclaycard PPI redress
brown1950 replied to brown1950's topic in Payment Protection Insurance (PPI)
Does that mean you think Barclaycard are underpaying my redress ? -
After nearly 2 years with the FOS - Barclaycard have now finally suggested the following redress:- Total PPI payments = £534.00 Associated Fees = £808.00 Associated Interest = £1038.00 Statutory interest = £1351.76 My redress covers the following periods :- Nov 1989 - Dec 1998 ( No statements - so account is reconstructed) Jan 1999 - March 2007 ( Full statements provided - PPI cancelled March 2007) I can upload the Barclaycard calculation schedule however in the meantime i cannot understand why the associated interest is lower than the 8 % statutory interest. Is this another Barclays PPI underpayment ? Would appreciate initial observations.
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Only Update is i will have to file N1 form again at end of this month when 'funds' allow. Will keep updated.
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citizenB Thanks for your post however i cannot see the point in complaining to Barclays as from previous experience it will fall in def ears ! I have better things to do than get into 'letter tennis' with the most complained about Bank which is Barclays. Have received a response from Westcot to by SB letter- they are investigating with Barclays and will come back to me . In the meantime they say all collection activity has been stopped. Have now issued court proceedings against Barclays for Mortgage Arrears fees- Lets see if they try and counterclaim ?
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Will be watching with interest as also my N1 will arrive on Tuesday with CCMCC for same arrears charges raised by Woolwich -Barclays 2004-2012
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Barclays passed debt over to BCW who after receiving statute barred letter gave up. Barclays have now passed debt over to Westcot's who send me nice text's twice a day/ one phone call per day/ one letter per week- Have ignored all these and have now sent Westcot's a statute barred letter. Let's see who Barclays pass the debt on to next ?
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Sorry to appear a bit 'thick' but POC you directed me to relates to PPI recovery however i have received my PPI settlement less the off-set. Its the POC for recovery of the off-set i am looking for. Basically M&S are saying they are entitled to off-set in accordance with their t&cs from 1991 chargecard. t&cs do not show any clause to allow off-set. Previously M&S said off-set was in accordance with their credit card t&c's from 2003. When i pointed out no agreement existed for the credit card M&S changed 'tack' and reverted to the earlier chargecard t&c's I am confident M&S would not want this to go to a Court Hearing however i want to ensure i have a correct POC for this particular situation (which i understand is unusual)
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Having hit the triangle - what happens next ?
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Cannot see any POCs anywhere for this particular situation ! Have hit the triangle !
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My letter tennis with M&S has been going on now for months. My last three letters (incl the question regarding which clause are they using in 1991 conditions) have all been ignored. Obviously the only way M&S will take me seriously is via court action. Would you be able to help with the wording of my POC (Partuclars of Claim) ?
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Anyone with help please ?
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Well after many months of exchanging correspondence with M & S i have hit a 'brick wall' with them. Originally they said the set off was in accordance with their credit card t & c - When i pointed out no agreement/ts&cs exists for the credit card (2003) they then said set off was now in accordance with the original store card from 1991 ! Have a copy of the 1991 ts&cs and and no set off term exists ! Now want to issue proceedings against M & S for the recovery of the PPI set off - Would be very grateful if somebody could let me have wording for a Particulars of Claim (POC)
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Thanks for your support. No doubt M&S will try to cloud / confuse the issue of a store card and a credit card but at the end of the day are they prepared to defend themselves in Court ? Don't think so ! Usual settlement before the Court date !
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Yes i agree with you but knowing M&S i will have take legal action to recover the set off amount of £2000.00. Will let you know the outcome eventually..
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OK as no replies will let you know the outcome of my action against M&S in due course
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My understanding is because M&S in 2003 converted thousands of Store Cards to Credit Cards and failed to get customers to agree to new terms & conditions for the Credit Card they have now written off /sold off most of these 'toxic' cards. In my situation i cannot see how M&S can rely on 'set off ' terms relating to a credit card card when no such terms and conditions apply. The court case of Santander v Meyhew 2012 whilst not setting a 'precedent' would give any judge a clear indication on how to decide any court action brought by M&S in relation to recovering debts incurred on a credit card converted from an old store card. Before i take proceedings against M & S for the recovery of the PPI 'set off' i was hoping perhaps somebody knows of a similar case ?
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Claimed via FOS for PPI on an old Charge Card turned Credit Card. M&S then deducted as part of the compensation the balance o/s on the credit card of over £2k as a set off (as per their terms of conditions) Now as the credit card was handed over in 2003 without any new terms and conditions being signed by its customers incl myself what if i now take legal action against M&S for the recovery of the £20k ? Would be very interesting to see what defence M&S would enter ? Should i go back to FOS and see if they can help (think not) or take legal action against M&S ?
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Your decision to go into Court with an offer on the table of 90% of your claim ?
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Don't worry you will get a Barclaycard template defence. From experience Barclaycard will start to negotiate a settlement with you normally 7 to 10 days prior to the court date. Much like a game of 'Poker' hold your nerve and you should get back 90% of your claim.
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Don't think the BBC will be showing another series on this particular subject unless they see the police / baliffs acting legally.! Many complaints have been made to PCC and IOC about the police stopping vehicles on behalf of the Bailiffs on civil matters.
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Will contact the Information Commissioner's Office tomorrow and see what they say !
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And the default notice placed on my credit files over 5 years after COA ! Is this not against The Information Commisioner's guide published in Jan of this year ? Suspect only a guide and ICO office are toothless ? However 70% of the Overdraft represent charges / interest ! Any chance of this default being removed by Barclays ?
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dx - Many thanks for your reply. SB clock started from 'cause of action' when Barclays first called in the Overdraft in April 08 with an Overdraft Termination Notice under Sections 76 (I) & 98 (J) of the Consumer Credit Act 1974.
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According to my records the Barclays Overdraft is now Statute Barred. Apart from one phone call from Barclays collection dept no further action taken by Barclays. Have noticed from my Noodle Report that Barclays have issued a Default Notice on 26/10/13 - The DN was not received. So we have in relation to my Barclays Overdraft :- Barclays Bank have issued 2 Termination Notices dated 11/4/08 and 11/11/13 Under Sections 76 (I) and 98 (J) of the Consumer Credit Act 1974. Barclays have also issued a Default Notice in October 2013 ! As i claimed PPI on this particular Barclays account in 2013 has the SB clock started again ? Does this explain the lack of action on behalf of Barclays ?
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