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    • Monty70
    • By Monty70 3rd Oct 17, 6:10 PM
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    Monty70
    Barclaycard PPI - advice please
    • #1
    • 3rd Oct 17, 6:10 PM
    Barclaycard PPI - advice please 3rd Oct 17 at 6:10 PM
    Hi all,

    Would really welcome some advice from anyone that is able to give us some help on the following;

    My wife up until 2012 had a Barclaycard which is when she paid off the balance which was a fairly large amount, during the time she had the card approximately 10 years she was paying the following;
    1) For any products she brought using the card
    2) Interest on these products if the balance wasn't cleared each month
    3) Lastly a payment which varied each month and was percentage of the remaining overall balance.

    My thinking was that this was a type of PPI, not sure if this is correct? Finally managed to persuade my wife to put a claim into Barclaycard which she did in February this year however it came back from Barclays that there records did not show that she had any PPI and as a result the claim would go no further. We did again complain last May with the same outcome, so after reading advice on this website I forwarded a complaint to the Financial Ombudsman Service who were very helpful unfortunately it appears that the complaint to them was just over six months from the original decision and Barclays would not let them look into my wife's case.

    This is where we are after a bit of advice does this mean that we have missed the boat and there are no other options open to us?

    Obviously any help or suggestions would be really welcome!!

    Many thanks
    Kev
Page 1
    • zx81
    • By zx81 3rd Oct 17, 6:16 PM
    • 13,689 Posts
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    zx81
    • #2
    • 3rd Oct 17, 6:16 PM
    • #2
    • 3rd Oct 17, 6:16 PM
    Yes, you've missed the window to escalate the complaint.
    • Gerard Saunders
    • By Gerard Saunders 3rd Oct 17, 8:14 PM
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    Gerard Saunders
    • #3
    • 3rd Oct 17, 8:14 PM
    Similar boat!
    • #3
    • 3rd Oct 17, 8:14 PM
    Our position is similar. We wrote to Barclays late last year re. PPI my wife paid on a loan. They wrote last December saying there was no PPI, but as we knew there was, we wrote to them again in March, (no reply) then June asking for copies of documents they relied upon in their rejection.

    They basically sent us nothing but the original letter from December again, (In June), at which point we went to the ombudsman, who told us we were out of the six month period.

    However, we were only three months after our last letter from Barclays, but the ombudsman is treating the December letter as the final one. This seems grossly unfair, as we are basically being penalised for trying to sort things with Barclays, and most importantly asking them for copies of information they had relied upon, before going to the ombudsman. Thank you for any view on this.
    • zx81
    • By zx81 3rd Oct 17, 8:15 PM
    • 13,689 Posts
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    zx81
    • #4
    • 3rd Oct 17, 8:15 PM
    • #4
    • 3rd Oct 17, 8:15 PM
    It's the same situation. See post 2.
    • Gerard Saunders
    • By Gerard Saunders 3rd Oct 17, 8:24 PM
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    Gerard Saunders
    • #5
    • 3rd Oct 17, 8:24 PM
    • #5
    • 3rd Oct 17, 8:24 PM
    I believe the situation is different. We replied in March to Barclay's letter of December, asking for copies of their paperwork. They ignored this letter so we wrote again in June, at which point they simply sent us a further copy of their rejection letter from December, with no other documentation. Our approach to the FOS was made three months later.
    • zx81
    • By zx81 3rd Oct 17, 8:28 PM
    • 13,689 Posts
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    zx81
    • #6
    • 3rd Oct 17, 8:28 PM
    • #6
    • 3rd Oct 17, 8:28 PM
    Unfortunately, the FOS won't share your view.

    They would have reviewed your complaint, and Barclaycard's evidence if you had contacted them.
    • Gerard Saunders
    • By Gerard Saunders 3rd Oct 17, 8:32 PM
    • 7 Posts
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    Gerard Saunders
    • #7
    • 3rd Oct 17, 8:32 PM
    • #7
    • 3rd Oct 17, 8:32 PM
    The trouble is, Barclays have not provided any evidence, in spite of three requests now. Our request was a reasonable one, as they must have relied on something to reject our claim, so let us see it.

    We will most likely issue a court claim now, in the hope that their lawyers acknowledge that they have not acted reasonably.
    • BorisThomson
    • By BorisThomson 3rd Oct 17, 8:45 PM
    • 405 Posts
    • 634 Thanks
    BorisThomson
    • #8
    • 3rd Oct 17, 8:45 PM
    • #8
    • 3rd Oct 17, 8:45 PM
    The trouble is, Barclays have not provided any evidence, in spite of three requests now. Our request was a reasonable one, as they must have relied on something to reject our claim, so let us see it.

    We will most likely issue a court claim now, in the hope that their lawyers acknowledge that they have not acted reasonably.
    Originally posted by Gerard Saunders
    The reasonableness of your request is not relevant, the date of the deadlock letter is. You could have continued speaking with BC and escalated to the FOS at the same time.

    I doubt they'll be particularly bothered by a court claim, as they know you'll have little chance of success. I expect you'll fail at the first hurdle, "he who asserts must prove". What evidence of mis-selling do you have? When was the loan taken out?
    • Gerard Saunders
    • By Gerard Saunders 3rd Oct 17, 8:52 PM
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    Gerard Saunders
    • #9
    • 3rd Oct 17, 8:52 PM
    • #9
    • 3rd Oct 17, 8:52 PM
    It seems that since this Plevin judgement it is almost assumed that PPI was mis-sold unless the seller can evidence otherwise.
    • zx81
    • By zx81 3rd Oct 17, 8:59 PM
    • 13,689 Posts
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    zx81
    No. Plevin refers to excessive commissions only.
    • BorisThomson
    • By BorisThomson 3rd Oct 17, 9:01 PM
    • 405 Posts
    • 634 Thanks
    BorisThomson
    It seems that since this Plevin judgement it is almost assumed that PPI was mis-sold unless the seller can evidence otherwise.
    Originally posted by Gerard Saunders
    No, it doesn't. Where are you getting this idea from?

    What are your reasons for complaint, and what evidence do you have?
    • -taff
    • By -taff 3rd Oct 17, 9:03 PM
    • 7,452 Posts
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    -taff
    You dont make reasonable requests for information. You send a SAR and £10.
    Your letter from them was a final response. The letter would have a had a leaflet in it explaining what the fincial ombudsan do and what your time was for escalating your complaint. You didn't. Your complaint is over.

    We will most likely issue a court claim now, in the hope that their lawyers acknowledge that they have not acted reasonably.
    Originally posted by Gerard Saunders
    You have a snowballs chance.
    • Moneyineptitude
    • By Moneyineptitude 3rd Oct 17, 11:44 PM
    • 19,565 Posts
    • 9,673 Thanks
    Moneyineptitude
    We will most likely issue a court claim now, in the hope that their lawyers acknowledge that they have not acted reasonably.
    Originally posted by Gerard Saunders
    That will just end up costing you money.

    Your complaint has failed. Time to move on...
    • Gerard Saunders
    • By Gerard Saunders 4th Oct 17, 7:42 PM
    • 7 Posts
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    Gerard Saunders
    My complaint has not failed until I give up. Barclays behaved very badly; denying at one point that we’d even had an account, then claiming to ‘lose’ our bank details months after we had provided them for the second time. Then they have the cheek to acknowledge that we had an account but try to claim we are out of time. Shabby.


    We will send off the tenner and see what, if anything, new they come up with. The Ombudsman has said that if Barclays do not provide evidence to support refusal of our claim they will go back to them again on our behalf.

    Time will tell but we are not done yet.
    • -taff
    • By -taff 4th Oct 17, 8:13 PM
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    -taff
    You complaint HAS already failed.

    Barclays has rejected your complaint. You were out of time to complain to the Ombudsman so they can't help no matter what you think they can do. Barclays have refised to open the compaint again and they are allowed to do that.

    It is over.
    • Gerard Saunders
    • By Gerard Saunders 4th Oct 17, 8:19 PM
    • 7 Posts
    • 0 Thanks
    Gerard Saunders
    You complaint HAS already failed.

    Barclays has rejected your complaint. You were out of time to complain to the Ombudsman so they can't help no matter what you think they can do. Barclays have refised to open the compaint again and they are allowed to do that.

    It is over.
    Originally posted by -taff
    It is not ‘over’ if the Ombudsman decides that Barclays have acted wrongly and agree to take matters up further with them. That decision has yet to be made.
    • -taff
    • By -taff 4th Oct 17, 8:23 PM
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    -taff
    Beware of turning this into a crusade. Just because you want someting to happen, doesn't mean it will.
    • Gerard Saunders
    • By Gerard Saunders 4th Oct 17, 8:31 PM
    • 7 Posts
    • 0 Thanks
    Gerard Saunders
    Beware of turning this into a crusade. Just because you want someting to happen, doesn't mean it will.
    Originally posted by -taff
    Thank you, of course I am aware of that. I have to see what Barclays come back with, and the ombudsman’s response.
    • dunstonh
    • By dunstonh 4th Oct 17, 9:31 PM
    • 89,851 Posts
    • 55,457 Thanks
    dunstonh
    The only way this complaint succeeds is if the FOS decide that the timebar was applied incorrectly. Your first post indicated that it was past 6 months and Barclays have barred it. So, the FOS cannot overrule that unless there is a justifiable reason why it took you the whole of the period to raise the complaint with the FOS. The FOS rarely overrule on these. Only tends to incapacity (such as being in hospital most of the time) or death of a direct family member.

    What you perceive to be Barclays behaviour will not be considered by the FOS. The minute the FOS see Barclays response and that it states that they will be enforcing the 6 month limit, the FOS will end it there unless you have been incapacitated.
    • Moneyineptitude
    • By Moneyineptitude 4th Oct 17, 10:45 PM
    • 19,565 Posts
    • 9,673 Thanks
    Moneyineptitude
    My complaint has not failed until I give up.
    Originally posted by Gerard Saunders
    No, it's failed whether you "give up" or not.

    Continuing will be akin to knocking your head against a brick wall. You should instead heed the advice given here and move on from this.. I certainly wouldn't be spending any money on your "quest"
    Last edited by Moneyineptitude; 05-10-2017 at 12:54 AM.
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