Shelley -v- Barclaycard PPI 3rd claim - **SATISFACTORY OUTCOME**

[Shelley181146]

Yes folks - it's the BC Slayer going for the jugglier again.

 

After BC failed to produce the SAR information requested earlier in the year, I took them to court and they finally provided the information and I won nominal damages.

 

I submitted a new claim to them for PPI on an old account operated between 2002-2004 at the beginning of the month and although I have received an acknowledgment, it isn't clear as to what they are acknowledging because I also sent (in seperate envelope) a claim for unfair charges.

 

They have since written to me with their final response in respect the unfair charges claim and said 'GO AWAY' or go to FOS but I haven't received anything in respect to PPI. Therefore, I will be now submitting my lba giving them 14 days and preparing my N1 claim ready to submit to the CCMCC next month.

 

They obviously do not realise who I am so bring it on BC.

 

The BC Slayer:

[citizenB]

They obviously do not realise who I am so bring it on BC.

 

 

 

I am sure it wont be long before the penny drops !!

[Shelley181146]

Thanks CB. I hope not.

[Shelley181146]

I am after your assistance peeps please.

 

I have searched through my many templates and through the CAG library carefully for a template lba for PPI claim.

 

I have also been reading through various threads to no avail and would appreciate someone pointing me in the right direction before I lose the will to live

 

Your help is gratefully appreciated

 

Having checked my R/D receipt the RM website advises that my correspondence is still being processed through their system, so I am wondering if they have received it. I know it is problematic and a regular thing with big organisations receiving post so I suspect I will have to give BC the benefoit of the doubt, or will I?

[Shelley181146]

Well it is no surprise folks that I have received a fabricated response from BC today.(At least it answers my question about them having received my first letter)

 

They say " I wrote to you on xx October 2012 asking for some additional information about your complaint, but have not yet received a reply". "I would be grateful if you could send me the information listed below so I can fully address your concerns".

 

FOS Questionnaire

Then the usual blahdy blah rubbish from their Operations Director no less!

 

I will have great pleasure in sending them a copy of the original which was sent a month ago, together with my lba giving them 14 days to reply.

 

WHEN will they stop churning out this rubbish which has taken 7 days to arrive anyway?

[Shelley181146]

Well it is no surprise folks that I have received a fabricated response from BC today.(At least it answers my question about them having received my first letter)

 

They say " I wrote to you on xx October 2012 asking for some additional information about your complaint, but have not yet received a reply". "I would be grateful if you could send me the information listed below so I can fully address your concerns".

 

FOS Questionnaire

Then the usual blahdy blah rubbish from their Operations Director no less!

 

I will have great pleasure in sending them a copy of the original which was sent a month ago, together with my lba giving them 14 days to reply.

 

WHEN will they stop churning out this rubbish which has taken 7 days to arrive anyway?

 

Well, the above letter stated that they would respond to me by no later than 29th November 2012 and today I have received two responses dated 3 days apart from 2 different people at B/C, lol.

The one, once again asks me for my FOS form which they have already been sent TWICE.

The other letter advises that they can see from their records that thye have an internal error aas this case has been acknowledged under 2 different complaint reference numbers and now they say they are closing the one complaint and will only respond to the other one, by no later than 14th January 2013.

 

As I have complied with their requests by submitting the FOS form (twice) and still have not yet received a reply, should I now just take the matter to court?

They have had my prelim letter and my lba and I have been patient by waiting on their perusal of my FOS form and they have messed up internally.

 

What issues may I face if I decide to go to court?

 

Or because it is PPI, should I continue waiting for these idiots to work out their administration problems and deal with me in the year 2020?

[citizenB]

It makes you want to weep doesnt it? They then try to the con the world in to believing they are a trustworthy institution..

 

I will alert the usual suspects to your thread..

[ims21]

Hi Shelley

 

Usual suspect number one dropping in

 

What are the reasons you gave for the mis-sale on this card account please?

 

You have a choice, you can either go the regulatory route and wait or get fos involved or you are quite at liberty to take this to court.

 

One thing that strikes me is that you have history n this account with the non-compliance issue and it could add weight to your argument that you had to issue against them for non compliance and, indeed, won it.

 

The thing to consider on a PPI claim is that the onus of proof of mis-selling will be on you as the claimant (Civil burden on the balance of probability). Hence the question as to the reasons you gave for the mis-sale.

 

What kind of value of PPI and interest are we talking please?

[Shelley181146]

Hello CB & ims21, thanks for dropping in.

 

Well this account was at a time when I was high up the managerial ivory tower in a well paid job when the short application form dropped on the mat

which was designed to mislead applicants that the PPI was mandatory when in fact it was optional.

 

The statements did not show this was optional, like they state today.

 

Due to my position with in the firm I would not have needed the PPI as I would have received a healthy package.

 

In addition to this, within months of taking the card out I became self employed which they were made aware of and this made no difference to them.

 

The business went belly up in April 2004 which again they were made aware of but still charged me PPI until Nov 2004!!!

 

Furthermore, I had pre-exisiting medical conditions from a serious RTA some years earlier and was not made aware that they would be exempt so all in all,

they ripped me off big time.

 

Perhaps that's what they are delaying about and not sure how to respond to my FOS form.

 

I do have records to substantiate this explanation that B/C may not be aware of.

 

In terms of value the PPI premiums were £157.70 plus interest in restitution of £967=£1272

[slick132]

Guess I'm "Usual Suspect No. 2" then !!

 

As Ims says, even though the level of proof required on the Small Claims track is, "on the balance of probability", it is for you to PROVE that to the satisfaction of the court.

 

If you decide to go to court after giving this due consideration, you may also want to seek "compound interest in restitution or, in the alternative and at the court's discretion, Statutory Interest at 8%."

 

[Shelley181146]

Hello Slick, thanks for dropping in.

"Balance of probability" assuming it went as far as court, the T&C's do not state that the PPI was optional so would it have been for the account holder to have approached the sharks to ask and more to the point, I wonder what their answer would have been under the circumstances at that time?

 

I understand where you are coming from as this was the same circumstances that I took and won Citi in court (albeit, Judgment by default) last year.

[slick132]

Hi Shelley,

 

One other thought - because the PPI charges relate to a (normally) statute-barred period, you would also have to successfully argue s.32 Limitation Act before you have a chance to argue the toss about the PPI itself.

 

Given your ongoing case with Citi and your local judge's preconception about s.32 not being relevant, you may be wise to consider having the claim heard at another court, if it gets to that stage.

 

[Shelley181146]

Hi Slick,

 

You are absolutely right there. That thought had crossed my mind and an alternative court was already being looked into as a probability for all my other cases.

I managed to have a good conversation withthe security guard the other day at my local court and they provided me with a little useful information which I can't disclose on here but it has given me a little homework to do on a research project, hehe.

 

I won't get complacent about the sharkies but I would like to hope they would cave in like previously, but I won't hold my breath.

It is certainly a good learning curve this experience.

 

On a funny note: I took the dog for a walk yesterday, slipped in the mud, ended up doing the splits and my phone went for a burton - consequently, the dog only now goes for a 'walk' on pavements whilst the ground is like this. I retained my dignity because there was no one else about but came home to a flooded kitchen, hall and lounge

 

Who said life is boring?

Edited December 6, 2012 by Shelley181146

[Shelley181146]

Based on my post on #9, what do you think my chances are through the court route?

[slick132]

Hi Shelley,

 

As already said, first you need to clear the s.32 hurdle.

 

Beyond that, I'd say it depends on how clear the application form was about the PPI appearing to be mandatory, instead of optional.

 

What does the form say, to prompt you into saying the application form " ............. was designed to mislead applicants that the PPI was mandatory when in fact it was optional."

 

[MrHat]

Going to follow thus one as am about to start a similar claim

[Shelley181146]

Hi Shelley,

 

As already said, first you need to clear the s.32 hurdle.

 

Beyond that, I'd say it depends on how clear the application form was about the PPI appearing to be mandatory, instead of optional.

 

What does the form say, to prompt you into saying the application form " ............. was designed to mislead applicants that the PPI was mandatory when in fact it was optional."

 

 

Hi Slick,

 

It was only a short priority application form' and in the 2nd box it said " Barclaycard Payment Protection. Don't sign up without it. Followed by a huge rosette type logo saying "all round protection" & in the centre in big bold lettering 'BARCLAYCARD PAYMENT PROTECTION' and another box next to it 'APPLY TODAY'. There is NO small print even saying 'optional' so they are implying/mis-leading customers to believe it is mandatory IMHO.

In addition to this, the monthly statements only changed the premiums to 'optional' after the 2006 report so they knew what they were doing.

 

Shelley

[Shelley181146]

Going to follow thus one as am about to start a similar claim

 

MrHat,

Is yours a PPI claim with B/C?

[MrHat]

No, Egg

[citizenB]

Hi Slick,

 

It was only a short priority application form' and in the 2nd box it said " Barclaycard Payment Protection. Don't sign up without it. Followed by a huge rosette type logo saying "all round protection" & in the centre in big bold lettering 'BARCLAYCARD PAYMENT PROTECTION' and another box next to it 'APPLY TODAY'. There is NO small print even saying 'optional' so they are implying/mis-leading customers to believe it is mandatory IMHO.

In addition to this, the monthly statements only changed the premiums to 'optional' after the 2006 report so they knew what they were doing.

 

Shelley

 

Sounds pretty much like they were pushing this product.

[Shelley181146]

Hi CB,

Hindsight is a wonderful thing.

Yes, I have to agree.

I only wish I had returned to college sooner to understand finances better

[citizenB]

I think there would have been a huge intake of students

[Shelley181146]

That only adds to my suspicions that the marketing of this application WAS deliberately mis-leading.

[noomill060]

Hi shelley,

 

Ive been down the Sharkleys PPI road and also crossed swords with them on other issues.

 

They really, really dont like meeting judges and will do anything to avoid meeting one.

 

They will pay up in the event that you go down the Court route.

 

Your total amount including contractual interest seems rather on the low side.

[Shelley181146]

Hi Noomill060,

I am inclined to go down the court route but donot want to get complacent.

I have just checked my spreadsheet and it was a tiny bit out but nothing major.

I didn't have the card very long and I am claiming 24.94% interest as per what they charged me.

 

Time will tell and I do have an unfair charges claim with the same account,