Can I claim PPI

[jonnyk]

Hi,

 

Just noticed in my Barclaycard statement that I am being charged for Payment Protection. This is not something I can ever recall agreeing, nor is it something that I would agree to.

 

Looking through the checklists of whether I have a valid claim or not, I cannot see anything that says of being sold PPI without knowledge.

 

However I would imagine that in these circumstances I do have the right to claim??

 

Anybody else have anything similar?

 

Thanks

[Hopeful1]

My hubby is reclaiming for his MBNA credit card as he never: agreed to it / discussed it / asked for it / had it explained to him - but was being charged anyway!

[alanalana]

hellhasnofury and others are the real knowledgable ones on this issue.8-)

 

I would say though, that if you have not agreed to PPI and it has been added to your Consumer Credit Agreement without your knowledge then you have a case to reclaim the costs incurred. If you take time to check and follow some of the other threads you will soon get the idea of what has been happening.

 

PPI has been widely mis sold for some time and various financial institutions are about to reap the whirlwind for their lack of management.

Not all claims will succeed but if in doubt go for it. If you put up a fight you may win the try is worth the effort. I am claiming and may have to go to a court case:eek: If that happens you will see a massive increase in my posts:-D

 

good luck

 

aa

[norwich1]

Hi Jnnyk

Ask them to send you an ORIGINAL copy of your Apllication Form you may have to send them a DPA / Subject Access Request

[norwich1]

Hi Jonnyk

Ask them to send you an ORIGINAL copy of your Apllication Form you may have to send them a Data Protection Act / Subject Access Request[/quot

[jonnyk]

Thanks for all your feedback - I'll send the letter asking for the original Application Form. Is there a template for this letter anywhere on the site?

 

Thanks again,

 

Jon

[jonnyk]

following on from my last post, think I've found an appropriate template on site... I'll begin filling it in now.

[hellhasnofury]

Hello JK,

 

To send for your copy of your true credit agreement you need to send them a legal request under 77/78 of the consumer credit act

 

It is letter N on this link, It costs £1 and there is a 12working day for (default) and then a further 30 days (criminal default) timescales allow a further 2 for postage. Send a postal order and send it recorded delivery so you know that they received it (Royal mail website)

 

Creditors and DCAs - Letter Templates & Budget Planner

 

For a full disclosure of all information held by the Company you need to send a full SAR as AlanA stated, this costs £10 and there is a 40day + 2days postage for this. You will find it in the ppi stickies at the top of the ppi forum. Same process postal order, send recorded delivery

 

Good luck and keep us posted:grin:

 

Oh did you not see the programme re Barclays and their underhanded selling tactics:D

[jonnyk]

Hi, thanks for your comments:

 

I was going to use the following template:

 

Your address

 

Their Address

 

Date

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

 

 

Dear Sir/Madam

Your name: xxxxxx

Account No/ No’s

 

 

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards

 

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

-Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

 

- A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization.

 

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

-Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

I enclose a cheque in the sum of £10 to cover your fee.

 

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.

 

I look forward to hearing from you in the first instance of receipt.

 

Yours faithfully

 

As this also asks for my transaction history which I will also need, should I send this aswell or just sent letter N on your link and wait to see what arises from that??

Cheers,

JK

[hellhasnofury]

Hi, thanks for your comments:

 

I was going to use the following template:

 

Your address

 

Their Address

 

Date

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

 

 

Dear Sir/Madam

Your name: xxxxxx

Account No/ No’s

 

 

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards

 

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

-Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

 

- A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization.

 

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

-Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

I enclose a cheque in the sum of £10 to cover your fee.

 

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.

 

I look forward to hearing from you in the first instance of receipt.

 

Yours faithfully

 

 

 

 

As this also asks for my transaction history which I will also need, should I send this aswell or just sent letter N on your link and wait to see what arises from that??

 

Cheers,

 

JK

 

Hello Jk,

 

 

I personally would send both of them:grin:

[jonnyk]

Update:

 

I sent the letters asking for my contract and transaction history - received yesterday ONLY:

 

Signed copy of Credit Card Agreement

Barclaycard Executed Agreement

Current Barclaycard Conditions

 

Ie, I've not received a history of charges which I requested - I want to see all of the PPI I've paid and any additional charges I've incurred.

 

First question is what should I do now regarding the missing info? Is it normal that they would be sent seperately - would it be different departments dealing with my letter?

 

Second question is regarding the PPI. The application is dated 17.5.01, which I have clearly signed (so must have done this in person but cannot remember doing so). The PPI box is ticked, however this is not something I have specifically opted into, it is preticked as printed on the application. I cannot recall being given any advice about this at the time of sale, and PPI is not something that I would ever knowingly agree to.

 

Do I have a case of a missale of PPI? If so, what should I do next?

 

Any feedback and advice would be most appreciated.

 

Thanks in advance

 

JK

[Hopeful1]

Did you send £10 with the subject access request? Did you send it seperately?

 

They have 40 days to comply with this request.

[jonnyk]

Hi,

 

Sent me tenner with the letter - didn't send two seperate letters but combined the requests in the one letter. Is that ok, or should I have sent the letters seperately??

 

Thanks

[Hopeful1]

Hi,

 

Sent me tenner with the letter - didn't send two seperate letters but combined the requests in the one letter. Is that ok, or should I have sent the letters seperately??

 

Thanks

 

 

That's not a prob. They obviously received it as they've responded to the CCA request. As i say, they have longer to comply with the SAR

[jonnyk]

Okey dokey, I'll keep my eye on the calendar for those 40 days..! Thanks for your help

 

Oh, one other thing - I did only send one ten pound cheque to them for the request which was for both copies of my contracts and my transaction history. Do you think that there is any chance that they will be of the opinion that the £10 did not cover all their administration costs and will not be forthcoming with both requests???

[norwich1]

Hi Jonnyk

Do you have a copy of your origignal PPI policy?

I am having trouble getting copies of my documents in a letter from Citi Cards in relation to CCA s.78 they told me they do not have to send the full details of Executed Agreements they can make ommissions form this.

they should send all your statement under DPA request but will delay as long as possible.

Like you on my application the Box is preticked with a Printed "X" obviously you or I did not put it there. I am TRYING to claim on this aspect but I dont think they will submit to this and it will probably end up with the FOS to decide or the Court. Here is the address

Peter Townsend

Manager

Barclays Data Protection

Privacy and Data Protection

Radbroke Hall ,

Knutsford ,

Cheshire

WA16 9EU

[Bog]

You really have to push BC to send you ALL of the data, it took me 3 letters and 3 phone calls. Use the Radbrook Hall address - it worked for me

[jonnyk]

I don't have any of my original contracts, just the copies that I have recently received, which is my Barclaycard Application, my Barclaycard Terms and Conditions and another updated Terms And Conditions.

 

I was intending to write a letter to that address (thanks for that info) requesting a refund on my PPI charges on the basis that I have been paying for insurance that I did not know I had taken out so could not have been explained properly to me, and refer to the preticked box. Incidentally, the printed cross in this box is about a quarter of the size of other preprinted crosses in the application, as if designed to be subtle and missed by the reader. Is that relevant??

 

Do I need more information before I can proceed with the above action?

 

I also want to claim charges I have incurred, but to get things in motion thought I'd maybe handle the two claims seperately.

 

Thanks a lot for all of the advice already given, all help is very much appreciated.

[norwich1]

Hi Jonnyk

I am very very interested in your little Tick.

I believe the little Tick is definitely designed to be missed.

I believe when a customer asks for credit the "sales person" asks the relevant questions and Types in BIG X's in the appropiate boxes AND minuscule x's in the INAPPROPIATE boxes.

The application form is then sent/handed to the Prey/Victim/Customer to unwittingly sign for PPI which is hidden from their view.

I have seen X's not even printed in the boxes but a line below the "Boxes" and a minuscule x so cleverly hidden on the second ( o ) of the word protecti(o)n under the Box that it requires a magnifying glass to verify that it is there at all.

Clearly misleading; clearly miss selling and maybe theft or fraud but

definitely a con.

Keep in touch Jonnyk.

What do you make of this Hellhasnofury?????

 

[norwich1]

PS

Just how visible or INVISIBLE is the little Tick?

[jonnyk]

I can't pretend that you can't see it - you can. Compared to the other preticked (precrossed) boxes, the difference in size would probably be similar to X x. So you can see it, but it is definitely easier to skim past without acknowleding when you read the contract, which I guess is exactly what's intended to happen, and it's definitely much smaller than other preticked boxes on the contract.

Ok, when agreeing to a contract I should have been more thorough in what exactly I was signing for, but as a naive 20 year old at the time, you're not so aware of the way these things work and get easily duped into such schemes.

 

I feel that I've got a pretty good case for misselling of PPI, how best should I prepare my argument?

 

Thanks guys.

[norwich1]

While you are waiting for the rest of you documents, now is the time the to check this Site for for reasons of mis selling PPI.

Also check out "moneysavingexpert.com" PPI thats Martin Lewis of course.

I am not experienced enough to to advise you what to or how to claim.

Are you self employed?

Have a look at my Thread " Not Ticked the Box"

I will send you a Private Messege lol

[jonnyk]

Hi Norwich, thanks for your feedback. I'll try and have a look at your thread when I get home this evening, won't be having much of a lunch today unfortunately!

 

I just missed the boat with my unfair bank charges claim last year - I had a court date for my hearing in the summer, just after the OFT anounced the Test Case, and I have now been stayed.

 

Besides my Barclaycard, I feel I have also been missold PPI for my Barclays overdraft - it is not something I agreed to when I originally applied for an overdraft, and when I have extended my overdraft beyond the original amount online, I was unable to remove PPI - ie my application was unsuccessful unless the protection was ticked.

 

As I have details of all PPI payments from my earlier bank charges claim, (although I don't think I have my original overdraft application) can I jump straight to sending a letter reclaiming these payments?

 

I just phoned Barclays to try and cancel this PPI but was told I had to do this either by letter or by visiting my branch.

 

I want to get my claims underway as soon as poss, but don't want to hinder my chances by jumping the gun in any way.

 

Thanks.

[norwich1]

Hi Jonnyk

Bank Account charges have been Stayed but NOT Credit Cards if yours is a Credit Card apply to have the Stay lifted.

I had 2 claims stayed one was Barclaycard the other was Littlewoods which is in fact also Barclaycard.

I applied to have stays lifted and wrote to The Barclays informing them of the fact I was doing so and BEHOLD they both paid out in Full.

Dont be to hasty ( I am afraid I am ) it pays not jump the gun be patient do your homework get the facts right then hit them. Today I had a letter from court saying Barclays were defending X x X x's you know what I mean.