Barclays O/D PPI - **SUCCESS**

[Scrapper]

Morning all

 

Just a quick update.

 

I managed to get hold of the letters I sent cancelling the products added to my account.

 

Called up somebody I still no where I got made redundant from and they managed to restore the files from backup and forward them onto me.

 

So I sent these off to Sharkleys after their refusal to even consider refunding me. I also sent along a copy of the backup log for their records. Just to confirm all was well in the world of proper investment banking.

 

Well stone me yesterday I recieved a call advising me that they have reopened my complaint and will repond in 28 days.

 

She mentioned that they are not required to pay the 5 per day I've added to both amounts, to which I corrected her.

 

I told her that if I take you to court for this money (Not unfair charges) money taken illegally by sharkleys I will show the judge the letter you sent me confirming you were charging me £4.08 per day from the 16th March when you supposely terminated the account and just so happens still to be active and running. So in effect I am within my rights to do the same to you as Sharkleys OWE me money. Line went quiet

 

Plus with all the threats of this and that and the solid proof I did reqest you to cancel these products and you threats of CRA's etc etc etc you could end up actually owing me money because you haven't got a fecking clue what you are doing.

 

She went quiet and told me she didn't want to dicuss anything further and to wait for their response.

 

Is it an N1 form I need to sue the dickheads?

 

I wouldn't mind but they are getting off lightly considering the additions fee letters is dated April 2000. If they want to play games I'll recalculate and start from April 2000 instead of 2006. knobheads. It's such a shame there is no radid course of action you can take like they do with us consumers. Anything we complain about to the governing bodies takes a bloody age to get sorted. The system needs changing.

 

Got a meeting with my new Conservative MP. just waiting for the confirmation date. Both barrels

 

Thanks

Scrapper Coco

Edited June 23, 2010 by Scrapper

[Scrapper]

Morning All

 

Got a lovely letter from Barclays this morning regarding my OD PPI which I have already claimed on for 12 months.

 

They are going to refund all premiums plus 8% £4375.82. :grin:RESULT:grin: as a good will gesture. The fact they were at fault doesn't get mentioned anywhere in the letter ;-)

 

In fact I have checked the account and they have already done it.

 

Still waiting on an outcome for the Additions Fees & Reserve Fees but as I have the letters cancelling these I don't see what they outcome can be apart from positive. An if that is the case then they will owe me around £2000 as the account will fall back into credit.

 

So can some mark this thread a Part 1 "WON" Part 2 "nearly there"

 

Thanks

Scrapper Coco

[Scrapper]

BUMP

 

Can someone update please

[citizenB]

Will do

 

Congratulations.

 

Nope, they wont admit they have done anything wrong. I imagine they havent included any contractual interest in their calculations either have they ?

 

A result nontheless

[Scrapper]

Will do

 

Congratulations.

 

Nope, they wont admit they have done anything wrong. I imagine they havent included any contractual interest in their calculations either have they ?

 

A result nontheless

 

 

Hi CB

 

No they haven't.

 

How do you calculate that as I will send them a bill for it

 

Thanks

Scrapper Coco

[landy_alert]

Congratulations Scrapper - very pleased for you

[Scrapper]

Morning All

 

Thanks everyone for advice etc.

 

Amazing what you can do when you stuck at home looking for work again Things have surely got to change soon. I'm going cuckoo

 

Anyway another letter going to Barclays today telling them to sort the additions fees and reserve fees within 28 days or else.

 

I'll let you all know when I receive a responce

 

Thanks

Scrapper Coco:cool:

[citybloke]

Hi Scrapper

 

Congrats!!

Did you have any luck getting 8% statutory interest + the interest they charged you each month?

 

Cheers

 

Citybloke

[Scrapper]

Hi Scrapper

 

Congrats!!

Did you have any luck getting 8% statutory interest + the interest they charged you each month?

 

Cheers

 

Citybloke

 

I got the 8% but not the monthly interest. I'm not going to push it as they have paid me for 12 months and once I get the other charges refunded they would have cleared over £20K and owe me money.

 

I'll be happy with that. I mean who wouldn't be happy with someone giving them £20k + and not having to pay a penny back. And then giving you more money? :grin::grin::grin::grin:

 

I haven't got the other back yet but fingers crossed I will do

 

Thanks

Scrapper Coco

[citybloke]

Great result Scrapper!! Congrats.

 

But surely you're entitled to the monthly contractual interest, so why not claim it and get an even better result.

 

Good luck

[Scrapper]

Afternoon All

 

Sorry I haven't posted for a while but nothing to report until today. Barclays refused my request for a further refund of moneies taken unlawfully and offered me £50 as a good will payment. Well as you can guess I didn't accept that and made an official complaint to FOS. While FOS have been investigating this Barclays have passed it to a debt collector as they believe I owe them and get this, the have put a default on my credit file because they can and never informed me.

 

What recourse does joe public have when these banks can run around doing what they like and I have to wait for FOS to rule on it.

 

Any ideas of what to do

 

Thanks

Scrapper Coco 8-)

[Scrapper]

Going to send them this

 

Dear Sir/Madam,

 

I am in receipt a notice of Default registered on my Credit File today backdated to February 2010 for the outstanding for a balance of £xxx.74.

 

I am also in receipt of a formal demand from Power 2 Contact for £xxxx.74

 

As you are fully aware this matter has been handed to FOS ref: xxxxxxx/xx/xxxx so I am somewhat surprised that you have acted in such an unprofessional manner given I am claiming unlawfully debited funds from my account and I have no such recourse against Barclays.

 

I am indeed willing to enter into an arrangement to pay off my outstanding balance once FOS has presented their ruling on this outstanding matter.

 

I made it very clear that until such time I was unwilling to resume repayments as I would spend just as much time trying to reclaim if the ruling went in my favour.

 

However, I am deeply disappointed to note that the default has been registered to this account for a full amount of £xxxx.74.

 

May I remind you that:

 

1. my account was placed into dispute before the account has been registered into default. This was based on the unlawful charges taken from our account after we had requested these products were cancelled. So far Barclays have refused to pay these sums back –despite recently crediting my account with around £5,000 for mis-sold PPI.

 

2. Current accounts are not formal loans and so they are not controlled by the CCA, 1974, and therefore cannot be defaulted in the same way. Overdrafts are covered by banking code of practice, but not CCA. This is why the 'Test Case' is happening, because everyone refers to current account penalty charges as 'requests for unauthorised overdrafts and these overdrafts are entirely different from regulated loans like credit cards.

 

3. I am writing to you today to ask you to remove this unlawful default placed on our account given this account is in dispute and is also currently being investigated by FOS. I Barclays feel that this is not possible then when and If FOS rule in our favour I WILL take the required steps to seek compensation from Barclays through the courts for reporting incorrect information which in country to the Data Protection Act.

 

Barclays never sent me anything in the post either. Is it a requirement to send a DN for current accounts????

 

Thanks

Scrapper Coco 8-)

Edited October 20, 2010 by Scrapper

[Scrapper]

Morning all,

 

Need some advice.

 

FOS have advised me that it is not resonable to expect barclays to refund my additions fees going back 10 years as I should have been checking my statements on a regualar basis etc etc etc.

 

Can some tell me if they are correct and legally how far back can I request they refund me from.

 

Is there any law that states it's my responsiblity even though I cancelled the product?

 

Thanks

Scrapper Coco 8-)

[Scrapper]

Evening

 

Barclays Bank have made me an offer but refuse to remove the default notice so I have told them to stick it and asked for an ombudsmands review.

 

Can someone anwser my questions above

 

Thanks

Scrapper Coco 8-)

[Scrapper]

Bump Bump

[citizenB]

Scrapper, I understand your frustration.. but bumping a minute after already posting is a bit overkill

 

Please remember that we are all volunteers and we too have lives outside of CAG.. Please, be patient:)

[Scrapper]

Hi CB

 

I'm bad I admit that but I'm getting very frustrated with the whole thing. I really do appreciate the help from people on here such as your good self. I swore I'd never let this take over my life as I thought that justice would be done as we live in an honest society but it's starting to.

 

I just can't understand the role of adjudicators if they have no power and really don't understand what they are ruling on.

 

"I cannot expect Barclays to refund you 10 years worth of premiums given you should have checked your statements" OK far point but I do believe I'm entitled to query anything dating back 6 years of less? She agreed with me but still refused to make Barclays to it and recommended I request an ombudsmans review etc. What a waste of time.

 

To make matters worse my original adjudicator was about to rule in my favor given what he was telling me, then he left and it got handed to some school leaver. Got to laugh or I'd murder someone

 

How can I be made an offer (guilt) yet they refuse to remove the DN. I'm sick to bloody death of these f*cking organisations ruining peoples lives and all the bloody politicians do is pay it lip service. This is the second one, due no fault of mine have choosen to have me over. What recourse is there for the everyday consumer? In short NONE unless your minted to the eyeballs and can take them on at their on game. FOS ain't worth the paper it's written on and unless theres a very clear breach the ICO give them licence to run around like the wild west.

 

Thanks

Scrapper Coco 8)

 

Rant over.

Edited February 17, 2011 by Scrapper

[citizenB]

Yep, I can understand you being angry.

 

Yes, you probably did check your statements ,possibly even commented on the charges to B/shark at the time and told they were legitimate charges but in 2006 the OFT issued a report to say that they werent ! Therefore the earliest you could have been aware that you were entitled to reclaim was at that time. However, as you probably werent aware of the OFT report until around the time you DID make your claim.. I can see no reason why you arent allowed to reclaim the 10 years..

 

But that is just my opinion.

 

If the default was recorded due to those charges then the money they are recording you as owing is/was inaccurate and again just my opinion.. but it was my understanding that reporting at the CRAs has to be a true and accurate reflection of the account.

[citizenB]

Oops.. just noticed this is in respect of PPI My comments remain the same.. you werent aware that the PPI was incorrectly applied until the media jumped on the bandwagon.. therefore B/shark should be made to refund all of the monies.

[citizenB]

I am not sure if pompeyfaith is around much these days. I understand he has a good track record of getting his refunds back further than 6 years.

[Scrapper]

Thanks CB.

 

Barclays have already refunded my PPI. This is concerning the additions fees and reserve fees Barclays imposed on my account when I requested they be cancelled.

 

They owe me with interest £2,200 which clears 2/3 rds of the outstanding balance and takes me under the O/D limit at the time so making the default unlawful.

 

This is what the idiot at the FOS sent me

 

"In this case I do not consider it would be reasonable of me to ask Barclays to refund Additions account fees dating back 10 years and reserve fees dating back to September 2008 when the facilities have been available for your use and you have been sent more than 100 Statements showing charges. Neither can I say that being in overdraft reduces an accounts holders responsibility for checking their statements."

 

I'm looking for some sort of response to send them back as I do believe I can use the Limitations act sect 32

 

Thanks

 

Scrapper Coco 8-)

[Scrapper]

Bump anyone?

[Scrapper]

Morning,

 

Anyone got any idea how I can counter the claims the FOS made?

 

I'm sure I am legally permitted to query anything dating back 6 years whether I had statements or not?

 

Anyone?

 

Thanks

Scrapper Coco 8-)

[Scrapper]

Morning all,

 

I'm back & require some more advice before I decide which steps to take. Either accept the offer or take them to court.

 

I got my final decision from the Ombudsman and it was what I expected. FOS are not worth the space they are currently given and should be made up of people who actually understand the corupt practices of the banking insitutions which brought this country to it's knees. I even had my MP try and tell me it wasn't the BANKS fault? What the feck. Anyway rant over and back to business.

 

FOS haven't taken any of the evidence I have provided into consideration i.e. Letters to Barclays cancelling these products. In fact they have totally overlooked that fact that I personally handed the letter of cancellation of the additions fees to a named advisor in the Lonbard St head office as I worked less than 30secs from the branch. This is now a coffee shop.

 

Also they keep refering to financial hardship. I never told them I had problems. I just complained that I wanted back money that I feel is legally mine.

 

There is also the little matter of if Barclays feel they have done nothing wrong and the Ombudsman agree, WHY are they offering to make a payment at all?

 

Also why did Barclays allow me to increase my overdraft online without any checks to £19K when their personal account restrictions will only allow a max of £15K. Even my personal advisor xxxxx xxxxxx was at a loss to explain how this had got through the system. Does this count as irresponsible lending?

 

Barclays also reduced that O/D to £1K while it was being paid off with PPI.

 

Barclays refused to allow a second claim when I was laid off again, but refunded all the PPI. If they hadn't refunded and aloowed a second claim there would be no monies owed and I would have ended up with a default on my CF.

 

Barclays then closed my account while in dispute and with FOS without any explaination.

 

Would any of the above fall into the BCOBS and Unfair Treatment - Common examples of Banks Behaving Badly ?

 

Anyway have attached the Final Decision for any comments and help you can provide.

 

http://i420.photobucket.com/albums/pp284/djackson29/FOS1.jpg

http://i420.photobucket.com/albums/pp284/djackson29/FOS2.jpg

 

Happy new year and thanks as always

 

Scrapper Coco

Edited January 2, 2012 by Scrapper

[Scrapper]

Bump anyone?