Barclaycard CC - PPI

[cbd13]

Thanks ims.

I do have all the statements (albeit at home) so will attempt this tonight.

 

My Amex thread is here and I have written dispute letter to previous DCA's and will be passing on to the current one

[ims21]

Hi

 

This is the spreadsheet which will help you reconstruct the account (if you haven't already got it)

 

ims

 

FosRunningPPI v101.xls

[cbd13]

Mighty kind of you!

[cbd13]

Whilst trying to keep everything in one thread, could someone take a look at the online application form below that MBNA supplied me under SAR, and advise how it would stand up to PPI claim.

It shows 2 ticks under PPI and states that am accepting the tick as a valid signature. Application was early 2006, would this have been at the time the boxes were pre-ticked?

Also would it be invalid in that it refers to t&c's that are not included in the form but they are only viewable by clicking a seperate link?

 

cheers as always

cbd

mbna online app.pdf

[ims21]

Hi

 

Where on-line applications are used, the lenders nearly always spout that it was the applicant who ticked the box.

 

I can't remember exactly but I think it was about spring 2006 that pre-ticked boxes were dropped by all lenders. You might like to check that though. If that is correct then it could have been a pre-ticked box. Also, some on-line applications would not allow you to proceed unless you ticked the PPI box.

 

The T&Cs bit won't make this invalid IMHO

 

ims

[cbd13]

Right, back to my Amex. I have reconstructed the account using the statements and the results are that they true balance owing would be between £700-£900 depending on what APR is used. There were also Over limit fees totalling £68 that would not have occurred otherwise so with stat and copound would be approx £100+

 

Rather than play games with DCA and my credit file, shall I write to them with copy of account in dispute letter informing them of intention to reclaim PPI and include the reconstruction in the hope that they just pass it all back to Amex?

If they come back chasing the c.£800 then I'd happily pay it back £30/m or something.

 

thx

[cbd13]

Sorry to shamelessly bump this, but could some one comment on my above post as I would like to send a letter out today.

 

Many thanks and lets all have wonderful long weekends!

[ims21]

Hi

 

Is the DCA acting on behalf of Amex or have they bought the debt? I can't remember without reading the whole story again.

 

ims

[cbd13]

Acting on behalf of Amex

[ims21]

Well if it were me I'd ignore the DCA and correspond only with Amex. the DCA can do nothing to you if they don't own the debt...only Amex can.

 

Time now to get that PPI claim and spreadsheet off to Amex to get the PPI claim in place

 

ims

[cbd13]

Thanks ims!

My only concern is if Amex decline it and a FOS claim is turned down, can I still hold the account in dispute due to no CCA?

 

Can you also comment on the following figures from the reconstructed account?

 

Monthly Cost of PPI: £1021.31

Compound %: 823.66

8% Simple: 23.98

Total: 1868.94

 

This doesn't include refunding of Late fee and Overlimit charges.

Would there be any other interest to be added?

 

As I say, if they uphold it and reduce the balance owing then fine, but don't want to shoot myself in the foot!

 

Cheers!

[cbd13]

When a cc company recieves your complaint, are they required to cancel the PPI straight away?

 

I sent my questionnaire to BC, including a copy of a letter I had sent previously cancelling the PPI.

I have had no letters back from BC, although have confirmed over the phone that they are investigating (24/5).

PPI is still running, and I have just had my latest statement where the PPI has caused an overlimit fee of £12 (over by 14p).

 

Is it worth calling them and getting this cancelled and charge refunded, or wait out the claim?

[ims21]

Cancel the PPI and confirm in writing.

 

Any £12 charge you get for going over limit or being late with payment should be reclaimed

[cbd13]

I have had a knock back from BC:

 

"We have identified that your application for PPI was submitted by post. At the point of applying for PPI, as no advice was given the process required you to select the specific covr you required.

In addition, we have conducted a review of the documentation you viewed during the sale. We are satisfied that the documentation presented accurately described the scope of the policy, and was sufficient to provide you with all of the information necessary to inform you of the terms and conditions of the policy"

 

So I need to write a response. Should I ask how they identified that I applied for PPI by post, do they have the application and if so can I see a copy ?

When claiming back charges in 2008, I SAR'd them but only got 6 years statements, no transcripts and no CCA. Should I mention this too?

Having previously complained about PPI in 2008, requesting them to cancel it, should I also make a point of highlighting this (a copy was included with questionnaire)?

 

Many thanks

cbd

[Victoria36]

Hi ! Sorry to jump on this thread but it is related to Barclaycard. I have just received all the documentation via my SAR request to BC but they haven't sent the original agreement strangely enough.

 

On all my statements, I have been charged not only 'interest on standard balance' and 'purchase interest' . The purchase interest varies from 1.8% to 2.75%.

 

Is the purchase interest PPI ?

 

Many thanks

[cbd13]

It's not PPI, BC label it "Optional Payment Protection" It sounds like the card may have introductory rates on purchases for a limited time or something.

[Victoria36]

OK, I will look at it again (in hope!) . Thanks so much

[cbd13]

Ok this is the kind of reply I am considering:

 

Thank you for your letter dated 8/6/12 received by me on 19/6/12.

I do not agree with your findings, or that I should consider this your final response, as it is clearly a genereic reply letter (albeit slightly amended) and suggests to me that my complaint has not been investigated fully, based on the details of my questionnaire.

You say that you have indentified that my apllication was submitted by post and at the point of applying for PPI, as no advice was given the process required me to select the specific cover I required.

I would, therefore, ask that you provide me with a copy of the application form indicating where I have requested this cover.

I would also like to remind you that I made a complaint into these charges in October 2008, which also instructed you to cancel this policy at that time and make redress. I had no response to this request.

A copy of this letter was included with my questionnaire, and as such I expected that you should have cancelled this policy immediately. However, this still remains on my account and has subsequently resulted in yet another Overlimit (by 14 pence) Fee. I require these charges to be removed from my account.

 

Opinions/suggestions greatly appreciated

[ims21]

Yep that will do

[cbd13]

Hi all, a breif update on BC's stalling.

 

20/6 I sent my response to BC rejection requesting copy of the CCA and cancel PPI

19/7 called as no response. Guy said that letter received 25/6 and request raised for CCA, but would raise another and would take about 2 weeks. PPI was still running so he cancelled it then.

14/8 called as no response. Lady said that they shouldn't have told me it would be 2 weeks and that I need to send a s78 with £1 and would take upto 40 days! I explained that I previously sent a full SAR and that I only received statements but she insists I need to send in s78.

 

As you will see from the first page, I requested a full SAR including CCA, and T&Cs but got nothing but statements. Should I do s78 or should I write back insisting that they provide it due to original full SAR request, and even insinuate that there isn't one as it was not provided at the time?

 

Many thanks,

cbd

[ims21]

Some lenders supply and agreement with the SAR and some don't.

 

If you want it then a S77/78 CCA request is the way to go.

 

They have 12+2 days to supply.

 

Template is in the CAG library.

[cbd13]

Thanks Ims, will do to keep things straightforward, just a pain tbh.

[cbd13]

So BC have replied to my CCA request. They say they have supplied me a reconstitued copy of the credit agreement and terms. All I have is a copy of the conditions from 1998. In it there is not one mention of PPI anywhere.

As they have based their rejection on the basis that I applied on application, but are unable to supply a copy of the original, does this act against them sufficiently to get it upheld?

 

Many thanks

cbd

[ims21]

Reminder letter to them saying that they have still not provided evidence that this PPI was applied for and therefore have no basis for saying that this was the case.

 

Tell them that in view of this you consider them to be deliberately obstructing this claim and that if they do not refund you within 14 days then you will get fos involved.

 

Remind them that the cost to them will be £850 extra to the refund of the PPI.

 

If you hear nothing or an unfavourable reply then proceed to pass it to fos. There will be two complaint....one for the PPI and the second that they are deliberately attempting to frustrate the process of your obtaining information.

[cbd13]

Sounds good ims, much appreciated as always