Barclaycard made offer through FOS but are now saying they are recalculating can they

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I made a claim to Barclaycard for PPI, which they upheld but because it is from 1996 they no longer have paperwork (neither do I) so decided I was due nothing! I took the case up with the FOS and through them Barclaycard made an offer of £1237.70p (the average payout for a person with the limit I had on my card) I accepted the offer and this was passed back to Barclaycard. Fast forward 2 weeks and as I have heard nothing from Barclaycard directly I gave them a call to see what the procedure is, I have now been told that they have up to 40 days to recalculate the figure! Surely if they make an offer and I accept they then have a certain amount of time to payout?

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  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    theirmum wrote: »
    Surely if they make an offer and I accept they then have a certain amount of time to payout?

    Yes, but surely only the correct amount.

    If the offer is wrong, they will need to recalculate.
  • societys_child
    societys_child Posts: 7,110 Forumite
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    . . . they have up to 40 days to recalculate the figure! Surely if they make an offer and I accept they then have a certain amount of time to payout?
    From what you've posted, that would be up to 40 days?
  • theirmum
    theirmum Posts: 65 Forumite
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    The offer was a goodwill gesture so I can see how that can be wrong?
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    You didn't say it was it was a goodwill gesture.

    You said they upheld the complaint and calculated the redress.

    If it's a goodwill gesture they can withdraw the whole thing.
  • theirmum
    theirmum Posts: 65 Forumite
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    As stated above - They no longer have any paperwork for me only know I had PPi on my account so they have offered me what they believe would be the likely amount I would be due using the limit I had at the time and what they have typically paid out to others with the same limit.

    My question was can they make an offer through the FOS I accept it though the FOS and then they send it back to their calculations department?? Surely if they have made an offer and I have accepted it they should have a period of time to then make the payment?
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    So that's not a goodwill payment. That's an upheld complaint, and they calculate redress using averages.

    Again - if they feel the calculation is incorrect, they can fix it.

    From your post, they have up to 40 days to make the payment.
  • theirmum
    theirmum Posts: 65 Forumite
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    The Lady at the FOS called it a goodwill payment which is why I called it that.

    My question is what is the legislation with regards to payment after an offer is made? I know they have told me they will get back to me within 40 days but I want to know is that correct? Does anyone Actually know?
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    There's no legislation. Timing will vary by provider.

    The longer it takes, the more you get, as the interest builds.
  • theirmum
    theirmum Posts: 65 Forumite
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    Right ok, Thanks suppose I will know in 40 days :)
  • societys_child
    societys_child Posts: 7,110 Forumite
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    Thanks suppose I will know in 40 days
    "Up to 40 days". It might not take that long . . . ;)
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