PPI Reclaiming Discussion part 4

wakeyblue

i wonder if anyone could assist me recently believe it or not looked at my barclaytcard state ment february to find i was paying 50 per month on ppi ( says optional) i tried to cancel it it took then 2 months to cancel it i asked them to riemburse me these 2 months payments they siad i would have to try to claim if they seemed firt to i would get it back ,i told them thati had asked them to cancel via telephone conversations and they recorded the calls they would know what went on and said "it was not there fault" as the people i had spoken to had forgotten to forward my cancelation on, eventually they cancelled it but no money has been returned .

i then questioned them as to how long i have been paying this optional ppi they said since 1997 , i know it sounds stupid buti just used to pay of it each month and not take any noitce until my bill had risen the last 12 months ,
i contacted a company off the tv who said i could not clasim back to 1997 but could from 2001 they would look into it ,
i now got a reply back from them saying that barclaycard "says" i signed up for it in 1997 which they are going to say that and because they were not regulted until 2001 they do not have to pay me nothing is this correct , as i am angry with barclays i know for sure they opwe me a couple oif grand at least it would help pay my bill off the company on the tv that tried to help me said that there was no more they could do i should take them to court what do you think
thanks in advance

magpiecottage

wakeyblue wrote: »

i contacted a company off the tv who said i could not clasim back to 1997 but could from 2001 they would look into it ,
i now got a reply back from them saying that barclaycard "says" i signed up for it in 1997 which they are going to say that and because they were not regulted until 2001 they do not have to pay me nothing is this correct

The good news for you is that Barclaycard will be covered by FOS because Barclays was a member of the old Banking Ombudsman scheme in 1997.

At that that time, though, there was no statutory regulation - although the Association of British Insurers (ABI) had a code of practice for the sale of general insurance. In 2001, the General Insurance Standards Council introduced a more rigorous code and that is the "regulation" which will have been referred to, rather than the statutory regulation of products such as savings and pensions, which was revamped around the same time.

Barclays, as a bank, not an insurer, was not subject to the ABI code. FOS could still take the code into consideration in reaching a decision on the basis that it was good practice to comply with it.

However, it would be for you to show that it did not and I think it is going to be very difficult for you to do so this long after the event as little, if any, evidence is likely to survive.

An attempt to claim from 2001 would also be likely to fail unless you can demonstrate that you were misled at that time (or subsequently) because Barclays was under no obligation to tell you of the new rules unless you contacted it again asked.

You are within your rights to attempt to sue Barclays but if you do then you will incur expense that you are most unlikely to get back and you may also find you have to meet Barclays' own costs.

It is interesting to see that a claims management company said it could claim from 2001 and then found out it could not.

I hope you did not pay them to tell you something we could have told you free.

wakeyblue

so what do i do now any suggestions what steps do you think i should take
thanks

shellbo10

Hi I have had another letter from Simms& Carmichael,asking me to sign another form which they are now sending to HSBC.
I don't understand why I have to give my signature again?
Hope fully I should hear something soon,I hope that Simms &carmichael are being honest with me

di3004

shellbo10 wrote: »

Hi I have had another letter from Simms& Carmichael,asking me to sign another form which they are now sending to HSBC.
I don't understand why I have to give my signature again?
Hope fully I should hear something soon,I hope that Simms &carmichael are being honest with me

Hiya, not sure on why you have to sign another, maybe a little different through a claims company, unless they mislaid the other perhaps.
Give them a call and ask I would, good luck.;)

wakeyblue

magpiecottage wrote: »

The good news for you is that Barclaycard will be covered by FOS because Barclays was a member of the old Banking Ombudsman scheme in 1997.

At that that time, though, there was no statutory regulation - although the Association of British Insurers (ABI) had a code of practice for the sale of general insurance. In 2001, the General Insurance Standards Council introduced a more rigorous code and that is the "regulation" which will have been referred to, rather than the statutory regulation of products such as savings and pensions, which was revamped around the same time.

Barclays, as a bank, not an insurer, was not subject to the ABI code. FOS could still take the code into consideration in reaching a decision on the basis that it was good practice to comply with it.

However, it would be for you to show that it did not and I think it is going to be very difficult for you to do so this long after the event as little, if any, evidence is likely to survive.

An attempt to claim from 2001 would also be likely to fail unless you can demonstrate that you were misled at that time (or subsequently) because Barclays was under no obligation to tell you of the new rules unless you contacted it again asked.

You are within your rights to attempt to sue Barclays but if you do then you will incur expense that you are most unlikely to get back and you may also find you have to meet Barclays' own costs.

It is interesting to see that a claims management company said it could claim from 2001 and then found out it could not.

I hope you did not pay them to tell you something we could have told you free.

it was a no win no fee case they just wrote a letter to barclaycard who basically fobbed them off and they gave up straight away , i just dont know what way to go about it now to be honest any advise would be welcome cheers

shellbo10

Hi just found out that Simms &Carmichael are now pursuing HFC bank for my PPI not HSBC as they stated to me previously, I am fuming they know full well my loan was with Household bank /HFC.
The woman said the person dealing with your claim is in a meeting.
Funny old thing I can't email thei person,she has been e-mailing me tho.

What can I do ,I have my original docs back at least.
Can I go ahead and do this claim my self now.
Please help
Thankyou

di3004

shellbo10 wrote: »

Hi just found out that Simms &Carmichael are now pursuing HFC bank for my PPI not HSBC as they stated to me previously, I am fuming they know full well my loan was with Household bank /HFC.
The woman said the person dealing with your claim is in a meeting.
Funny old thing I can't email thei person,she has been e-mailing me tho.

What can I do ,I have my original docs back at least.
Can I go ahead and do this claim my self now.
Please help
Thankyou

Hiya

Normally its whoever set up and sold you the account, the documents is still those normally of the lenders.

So the one dealing with the case have been emailing you, but your unable to email her? Do you mean you email but she is not getting back to you?

Did they actually state if they were going to be dealing with HFC instead?

rezarf

Letter sent to First Plus today, recorded delivery off course.

Just a waiting game now, just trying to figure out who is next.

Rezarf

di3004

rezarf wrote: »

Letter sent to First Plus today, recorded delivery off course.

Just a waiting game now, just trying to figure out who is next.

Rezarf

Good luck!:D;)