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PPI Reclaiming discussion Part III

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  • dreamer33
    dreamer33 Posts: 1,475 Forumite
    dreamer33 wrote: »
    I'm a little confused as to how can you have ppi on an overdraft? Normally its just interest you pay for using the overdraft.

    Barclays offer payment protection insurance to cover your overdraft if you are unable to work etc. We were not aware of it either until August this year. It was at a cost of £8 per month but the way it appeared on the statement it looked as though it was a charge for having the overdraft.

    Mmmmmm if its ppi then and you did not know about it, then I would complain again stating what I said in my previous post, this does not seem right.

    I always believe if they offer any kind of refund then they know they have done something wrong.
    :wave:
  • marshallka
    marshallka Posts: 14,585 Forumite
    HI!
    Was wondering if anyone could help with this:
    OH took an overdraft in 1999 to which payment protection was added, he did not authorise this as he was medically exempt anyway, then in 2004 I became a joint account holder, apparantly the single PPI was cancelled and a joint application made, I did not sign for this and would not have needed it as I was unemployed at the time. We only found out that we were paying for this in August this year when we tried to close the account. We complained immediately and have just received our final response from Barclays saying that they will give a refund from when I joined the account but not prior to that as it falls out of the timescale allowed for complaints, they also said that it was an unreasonable length of time after the product was sold to the time that we cancelled it. The guy that we have been dealing with was awful,it has felt as though we were under investigation for fraud or something, calling us up to four times a day asking the same questions over and over again. I have been so upset by the way Barclays have dealt with this that I am tempted to just take the money they have offered as we are desperate for the money and I know it will take ages if we go to the FO. I rang the FO to see if we had a chance of reclaiming the rest either up to the last six years or back to 1999 but she said she couldn't advise. If we accept the offer it is full and final. What would anyone else do? xx
    I would imagine if you do accept that it is full and final so you need to think. The only thing that could actually make your complaint going back to 1999 unacceptable is the fact that they may not hold records going back that far. The FOS can apply certain other rules in that you only just became aware of the misselling and then they can also apply the fact that Barclays were no doubt in the old Banking Ombudsman Scheme too but as I say, if you have the records then you may be ok but if not then i doubt they will supply them to you.

    As regards the way in which Barclays have handled your complaint you could make a complaint about this in that they have failed to treat you fairly as per the FSA ruling.
  • marshallka
    marshallka Posts: 14,585 Forumite
    only thing we have had from redcats is the first letter, giving two totals and a 'we wont be paying' comment, then the last letter saying that they are not covered by the regulations. SOOOOOO if they cant produce an agreement, is it fair to say that she doesnt have to pay?? or am being meean????
    They have to produce the agreement to you as that is your proof of having the account and also opting for the PPI (or not as the case may be!!!).
  • dreamer33
    dreamer33 Posts: 1,475 Forumite
    Just called fp omg they are hard work. Told them sick of asking for a copy of the telephone calls, felt like I went over everest to eventually get there.

    They say they will call back in 30 mins, why I don't know, just send me my calls :mad:
    :wave:
  • they say that their records show the policy was sold on 30th october 2000. therefore they arent covered by the rules and regs that everyone is claiming on.

    interestingly, they have sent an exactly identical letter about not being governed by the FOS etc., telling us why they wont pay the CHARGES. think someone must have just changed the heading from PPI to CHARGES then printed it off.

    cant believe that they can get away with this. surely people are claiming PPI on loans, credit cards which were taken out before the date that they say is relevant to them?? (14th jan 2005) or are they regulated by something completely different.

    it would appear that redcats were not regulated by anyone!! pretty free hand there then!!

    they certainly havent sent anything other than a couple of letters and i particularly asked for proof that my daughter had a signed agreement etc in relation to the PPI. so i suppose they have fallen down on that one.

    and as i asked before, and as has been happening with credit cards thats cant produce an agreement - does no agreement mean its not enforceable??
  • marshallka
    marshallka Posts: 14,585 Forumite
    dreamer33 wrote: »
    Just called fp omg they are hard work. Told them sick of asking for a copy of the telephone calls, felt like I went over everest to eventually get there.

    They say they will call back in 30 mins, why I don't know, just send me my calls :mad:
    Did you not have a copy of the calls with your SAR that you requested??
  • marshallka
    marshallka Posts: 14,585 Forumite
    they say that their records show the policy was sold on 30th october 2000. therefore they arent covered by the rules and regs that everyone is claiming on.

    interestingly, they have sent an exactly identical letter about not being governed by the FOS etc., telling us why they wont pay the CHARGES. think someone must have just changed the heading from PPI to CHARGES then printed it off.

    cant believe that they can get away with this. surely people are claiming PPI on loans, credit cards which were taken out before the date that they say is relevant to them?? (14th jan 2005) or are they regulated by something completely different.

    it would appear that redcats were not regulated by anyone!! pretty free hand there then!!

    they certainly havent sent anything other than a couple of letters and i particularly asked for proof that my daughter had a signed agreement etc in relation to the PPI. so i suppose they have fallen down on that one.

    and as i asked before, and as has been happening with credit cards thats cant produce an agreement - does no agreement mean its not enforceable??
    You sound just like Pinknico when she got this letter. I think she is taking it to the courts now.
  • dreamer33
    dreamer33 Posts: 1,475 Forumite
    marshallka wrote: »
    Did you not have a copy of the calls with your SAR that you requested??

    No only a list of what calls had been made, no transcripts nothing.
    :wave:
  • dreamer33
    dreamer33 Posts: 1,475 Forumite
    they say that their records show the policy was sold on 30th october 2000. therefore they arent covered by the rules and regs that everyone is claiming on.

    interestingly, they have sent an exactly identical letter about not being governed by the FOS etc., telling us why they wont pay the CHARGES. think someone must have just changed the heading from PPI to CHARGES then printed it off.

    cant believe that they can get away with this. surely people are claiming PPI on loans, credit cards which were taken out before the date that they say is relevant to them?? (14th jan 2005) or are they regulated by something completely different.

    it would appear that redcats were not regulated by anyone!! pretty free hand there then!!

    they certainly havent sent anything other than a couple of letters and i particularly asked for proof that my daughter had a signed agreement etc in relation to the PPI. so i suppose they have fallen down on that one.

    and as i asked before, and as has been happening with credit cards thats cant produce an agreement - does no agreement mean its not enforceable??

    Think you are better sending the SAR request and £10 to obtain all the info they have. Then I would consider the next step.

    I have an argument and my loan dates back to 2004, the company were not regulated either, however I have my SAR request and evidence of the ppi being mis-sold.

    Its a long process for which you have to keep fighting for, there is no quick remedy with these companies.
    :wave:
  • marshallka
    marshallka Posts: 14,585 Forumite
    masmit wrote: »
    morning,
    i have waited 31 days for all documentation off blackhorse for previous loans & ppi, with nothing back. so on saturday sent a subject to access, enclosing a cheque for £10. recieved a phone call yesterday saying there was no fee for this but what information do i want. i said everything on the request, she then said they do not record telephone calls & asked again what information i required, same anwser. is this normal, or is this not complying to the request. feels like a control tactic to with hold information should i report this to the IFO. anyone had this happen to them
    I would definately reiterate this letter and make them take the £10 as this is the amount for everything they hold about you.

    They do record phone calls too and them telling you they do not is not right. I would contact the ICO and also send a letter to the company as a courtesy saying that you have contacted them about requesting a SAR under the data protection act and they are stating that they will not supply everything and also refusing your money to pay for this.
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