Barclaycard PPI won but want to offset against the sold debt

[paul06988]

Dear all

I am looking for some advice and guidance as to what I do next : if anything

 

I recently won a PPI claim against BC and they offered me a full refund which I was happy to accept.

They asked that I signed the acceptance form and return this to them.

I stated on the form that I wished a cheque to be issued direct to me.

 

A week later I received a letter from BC stating that in accordance with my request they were off setting the amount against the balance on my card

and sending the money to my a company called IDR Finance. I NEVER ASK THEM TO DO THIS...

 

My Barclaycard debt was sold to IDR on January 24th 2012 and I have the formal letter of notification from both BC and IDR

stating they the debt was sold and I should now deal with IDR going forwards.

 

I am in DMP with CCCS and wanted the money to spread fairly across all my creditors.

 

I called BC this morning and they said they were allowed to send the money to IDR as the PPI charges

were incurred whilst they owned the debt and that it was irrelevant that they had sold the debt it had to go to IDR against the debt.. Is this correct ?

 

Where do I go from here as they will not budge. I thought I read some where that as they had SOLD the debt they could not offset is this true ?

[dx100uk]

they can't off set against a debt that has been sold.

 

look in the BC success forum

 

there is a case there

 

dx

[slick132]

Hi Paul,

 

The later pages of this thread show how Shelley dealt with this issue - http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**

 

Don't discuss this with Barclays or BC by phone - keep it all in writing only.

 

[paul06988]

Thanks Slick132 and Dx100uk

 

I will take a look and plan my next action to BC

[firstship]

Paul wish you success with this,been in a similar situation with BC.I signed the PPI acceptance 18 months ago but attatched a letter that I would be happy if the interest was offset against the BC account but the mis-sold PPI payments as these where not the property of BC this was to be paid to me,unless they agreed to this my acceptance would be Void,they acknowledged my letter then went ahead and paid the full amount into the BC account.I am still fighting them on the basis that I refused their offer

 

FS

[paul06988]

Hi Dx100

 

I must be having a "grey day" moment as I cant seem to find the BC sucess forum to review what i shld do next.. Can anyone point me in the right direction What should I write to BC and say now.. is there a past sample letter I could reuse... or do I need to report to FOS as a complaint

 

Thanks Paul

[dx100uk]

slick linked the case in post 3

 

dx

[slick132]

Hi Paul,

 

Just to confuse our site users, BC successes are not in the BC Forum at all.

 

They are actually in the Barclays Successes Forum here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

Happy reading !

 

[dx100uk]

youposted the correect link post no.3.

 

?

 

dx

[slick132]

Yes, I did.

 

I was just telling Paul that the BC *WON* threads are not in the BC Forum.

 

[paul06988]

Update this morning from BC: They have now written to me and said - They are not paying me my PPI as refund / cheque but instead they are staying with there previous decision to pay IDR Finance via an off set due to the fact that there previous letter informing me that I had won back my PPI stated that " we would therefore like to place you in a position you would have been in had the PPI Policy not been added to your credit card account". Therefore the refund has been used to off set the outstanding balance on the account as the premiums and interest had contributed to that balance.

 

I guess I need to know do I have to accept this final answer or what course of action should I take next ??

 

Any help or guidance would be much appreciated

 

Regards

 

Paul

[slick132]

Hi Paul,

 

Have you read the thread I linked in post #3 above yet.

 

This post is particularly relevant - http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**&p=3572871&viewfull=1#post3572871

 

You need to read more than just the 1 post to get the right information though.

 

[paul06988]

Hi Slick132,

 

I went back and re-read it in full this time -Sad to say but last time I only read the first 8 pages and thought as it related to bank charges past 6 years I couldnt see the relevance to my situation. However, having now read the full thread I see what happened when BC tried at the end of offset..

 

I will be writing to BC and saying they cannot and should not do this.. In my letter should I state that unless they review thier decision and refund direct to me I will have no alternative but to proceed to court or is there another approch I should use first. I am happy to go the full mile and have my day in court against these dreadfull people...

 

I truly appreciate all you help.. never dealt with anything like this before so I am a little green as to how to follow up the full and final letter.

 

As per Shellys comments in her thread - should this be sucessfull I will of course make a donation to CAG.. Seems only fair as the advice you guys give is worth its weight in gold..

 

Thanks again

 

Paul

[slick132]

Hi Paul,

 

Write to Barclays to reject their proposal to set-off the refund.

 

Use the contents of the post on Shelley's thread to make the points that you need to.

 

Tell Barclays that you'll take court action if they fail to refund the money to you within 14 days.

 

If you want your letter checked over first, post it here.

 

[paul06988]

Thanks, will do - I will compose one tonight and post it up for you to takee a look at before I send it...

 

Thanks again for all your help

 

Paul

[noomill060]

Good for you, paul.

 

Right behind you. Im in a similar position.

 

They will eventually crumble when you stand your ground.

[paul06988]

Hi Slick132 and all others

 

Update as at toda- I Sent letter to BC saying they cannot do this and they have 14 days to send me the full amount they agreed. If not I will start court action. Not had anything back as yet so I giving them till end of this week before I strat court action against these sharks.. I might need some help with the court forms if it comes to submission to county courts... will keep you all posted...

 

Paul

[paul06988]

Hi All,

 

Ok the time has come for me to follow through with my court action against BC- Is there someone that can offer some advice as to how I proceed and begin to take these guys to court in an attempt to recover the refund they agreed to but have no paid direct to a 3rd party agency.

 

NB the funny part is they only did this on one claim for one card as I had another claim running for another Barclaycard which I also won and on that one they split the refund between me and the DCA... Doesn't seem to be any consistency in there approch...

 

Never done this before and want to make sure I dot all the I's and cross all the T's for court action

 

Much appreciated

 

Regards

 

Paul

[slick132]

Hi Paul,

 

Just so we're not wasting time on this, wait and see if they respond to your letter. When is your 14 day deadline up.

 

Essentially, you will be lodging a claim seeking a refund of the PPI in the normal way and you can research this in the PPI forum.

 

The only difference in your case is that they'll say the refund has been made and you'll point out that it should have been paid to you and not a 3rd party.

 

[paul06988]

Hi Slick,

 

Many thanks for your response...

 

I sent the "you have 14 day to reconsider otherwise I will consider court action" letter on the 17th March 2012- 1st Class Recorded. It was signed for on the 20th March 2012 at their Leicester offices. Let's see what turns up if anything over the next week..

 

Regards

 

Paul

[paul06988]

Hi Slick,

 

I am giving BC till the end of this week to come back to me otherwise.....its off to court I go.. I guess my first port of call is filing out aN1 correct ?. As this is a case of .....they (BC) agreed the PPI refund but instead or sending me the money they elected to pay a DMC (Link Financial) to whom they sold the debt ... what should I put on the N1. Do you have any special wording I should or may use................ never doen this before and pretty scared to be honest about not doing it correctly at court...

 

Thanks

 

Paul

[slick132]

Hi Paul,

 

I would send them a final warning before starting court action. This is what you're supposed to do to comply with the court process guidelines or CPR (Civil Procedural Rules).

 

Write a letter as follows :-

 

Dear sir or madam,

 

Letter Before Action

Account no: xxxx xxxx xxxx xxxx

 

I refer to my letter of xxdate in which I gave you 14 days to reconsider the matter of the refund of PPI which should be paid to me direct.

 

For ease of reference, I enclose a copy of the letter, which Barlcays signed for on 20th March.

 

I will give you a final 14 days to make the PPI refund direct to me as required. If you fail to comply, I will start court action against Barclays Bank Plc without further notice.

 

After this, you can start court action against them.

 

Edited April 10, 2012 by slick132
typo

[paul06988]

Thanks Slick..

 

As ever I will follow your sage advice.

 

Letter going to them today.

 

Regards

 

Paul

[coffeeangel]

Subbing as now in a similar position and I am hopping mad!

 

Coffee

[paul06988]

Hi Coffee

 

Assume same has happend to you ?. I sent my letter to BC last week (12th April) To be honest I am not expecting a positive reply so once the 14 days is up I will file at court.

 

Regards

 

Paul