PPI Reclaiming Discussion part 4

di3004

blyth wrote: »

I am on a payment plan with monument and it is up to date. I never asked them to up their offer they just did it. At no time in their letters have they mentioned the payment plan. The ppi has been paid for a number of years before I had any problems. In each of their letters they call the refund a greture of good will. So I think this gesture of theirs .should come directly to me.
Do you think I should insist they pay me in a personal cheque, or dont I stand a chance?

Hi blyth

You can always try, there is no harm in requesting this.
I would contact them as soon as you can and tell them exactly how you want this paid.;)
Good luck.

barneybeagle

mlucyminx wrote: »

Hi there.

A big congratulations on your success.

Could you please tell me if barclays originally refused you under the "time statute barred" argument.

I currently have a claim with FOS about this and it feels like I have been waiting for ever to see if they can sort it out for me.

I took my card out with them in January 2002 and wrote to barclays in May 2002.

I got a letter back from barclays telling me that as it was over 6 years since I took the card out they were not going to pay me anything back as it is considered time barred under the statute of limitations, and it probably falls outside of fos terms of reference.

Its been with ombudsman since June 2008.

Thanks for your time

Hello mate,

Here's the info as promised, although it appears that I was never refused under the "time statute barred" argument. Here's how my complaint went. Originally when I asked for the 'original' terms and conditions my missus had signed up to their reply was as follows:

"May I explain that as our Terms and Conditions are variable and as such have been ammended on many occasions since your account was opened, I am unable to forward you the original document.

However, for your records I have ordered a copy of our current Terms and Conditions which will be forwarded under separate cover."

I think the point in our favour here is that they haven't got a copy of the original T&Cs or our signature.


Following my response to the above and my demands for compensation, etc Barclaycard issued a 'Final Response' letter as follows:

Final Response

I write further to your recent letter dated xxxxxxx 2008. I have reviewed your complaint and detail my findings below.

Our Understanding of your Complaint:
I understand your Barclaycard Visa account was registered for the Payment Protection Insurance but you have stated that you believe the policy was mis-sold and you have aske for a full refund of premiums paid.

Background to the events leading to your complaint:
The Payment Protection commenced on your account on the xxxxxxxx 1996 and a policy document was sent to you few days later. You had a 30 day cooling off period in which to examine the document, decide if it was suitable for you and cancel it if necessary.

The policy was cancelled at your request on xxxxxxx 2006. You have not previously queried any of the charges applied to the account for the previous years.

What we have done to resolve your complaint:
We have reviewed our individual case and informed you that the policy was valid and agreed to on the xxxxxxxx 1996.

Summary of our Internal Investigation:
A Payment Protection policy document was sent to you in xxxxxxxx 1996 when your account was registered for this insurance. It was your responsibility to read this document and decide if the policy was suitable for you.

Your policy schedule, detailing the benefits and exclusions of the cover, was sent to your home address and included within the schedule was your right to cancel the policy. This advised that the policy could be cancelled at any time, and if cancelled within 30 days of the cover commencing any premiums paid were refundable.

The policy schedule was sent to you detailing the full product information enabling you to make an informed decision. The premiums which you have been paying since you have opened your account have been to provide insurance for Life, Accident, Sickness and Involuntary Unemployment.

In the circumstances, I must advise that compensation is not applicable in this case.

Our "Conditions of Use" state that it is your responsibility to ensure that your spending is reconciled each month against your statement. Payment Protection Insurance was shown on each statement and communication should have been made to Barclaycard in order to rectify this.

I am sorry this is not the outcome you wanted, however, I hope my explanation is helpful. For the purposes of the Financial Ombudsman Service you may regard this letter as our "Final Response" to your complaint.

You will find more information about the Financial Ombudsman Service in the enclosed leaflet. Please note you have six months from the date of this letter to refer to the Financial Ombudsman Service for investigation.

Yours sincerely,
xxxxxxxxxx

My next step after receiving this was to take it to the Financial Ombudsman, where I received the complaint form to fill in. We filled it in, sent it off and after an age of waiting as understandably the FOS and the Banking/Card services are snowed under with PPI complaints, we received an offer from Barclaycard. The exact amount we do not know yet, but this should be forthcoming in the next few weeks where we will be able to view the calculation. If we disagree with the offer then we re-complain to the FOS.

Just remember, even when they fob you off, don't give up, take it to the next step. That is what they want you to do and they will do their utmost to put in your mind that it is not worth it. Keep going and DON'T GIVE UP!

Hope this is of some help.
Cheers
bb

akcy

di3004 wrote: »

Hi Rachael

Great news on the refund.:beer:

If you've no missed payments (arrears), then you should have the right to have this paid directly to you.
Yes you have done the right thing in asking.
Please let us know what they say, good luck.;)

Hi

I have just spoken to Egg and they say if you have a loan that is still outstanding then it is within their right to use the refund to reduce your outstanding balance? I said that surely the money belongs to me and it is my choice where it goes but they reckon it is something they have always done.

Should I now go to the Financial Ombudsman or are they right?

Thanks

Adam

di3004

akcy wrote: »

Hi

I have just spoken to Egg and they say if you have a loan that is still outstanding then it is within their right to use the refund to reduce your outstanding balance? I said that surely the money belongs to me and it is my choice where it goes but they reckon it is something they have always done.

Should I now go to the Financial Ombudsman or are they right?

Thanks

Adam

Hi Adam

I assumed as long as there were no missed payments as in arrears, you should be entitled to have this paid directed to you.

You could ring the FOS line and see what they say on this matter, explain to them you have no arrears and this refund would help you with other debts or so.
See what they say Adam, please let me know, they should give you a firm answer on this before you decide where to take this:
http://www.financial-ombudsman.org.uk/contact/index.html
Good luck. X

rosemahairy

helnag wrote: »

Hiya,

Any news from FOS for yours yet?? Still none on mine, if they do go under and our cases are upheld then it would be passed to the financial compensation scheme. It would take a lot longer but hopefully we'll still get paid out in the end.

Helen

Hi Helen
no still joy. rang them friday with my concerns and they said about this FO compensation scheme. Iv had money back from HFC bank now so iv used it to clear my debts (what a good girl i am). I have successfully negotiated settlement deals with RBS loans, money shop, greenwoods and provident for less than half the balance in full and fianal settlement (if anyone wants advice on this go on the website http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers) they very useful. Problem is now i am going to be on a debt management programme for only 1 creditor the blasted welcome fianance. thinking about contacting them and paying direct to them now no point in the middle man,

Oh yeah the FO said they STILL dealing with January complaints!!! its been 2-3 months! They said my case March-April will take another few month sob sob hurry up

Cheers
Rosie

di3004

rosemahairy wrote: »

Hi Helen
no still joy. rang them friday with my concerns and they said about this FO compensation scheme. Iv had money back from HFC bank now so iv used it to clear my debts (what a good girl i am). I have successfully negotiated settlement deals with RBS loans, money shop, greenwoods and provident for less than half the balance in full and fianal settlement (if anyone wants advice on this go on the website http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers) they very useful. Problem is now i am going to be on a debt management programme for only 1 creditor the blasted welcome fianance. thinking about contacting them and paying direct to them now no point in the middle man,

Oh yeah the FO said they STILL dealing with January complaints!!! its been 2-3 months! They said my case March-April will take another few month sob sob hurry up

Cheers
Rosie

Thanks for this Rosie

And good luck with everything, you deserve it so much.:A;)

Di
XX

gumbi

pinknico wrote: »

Hello gumbi my claim has been with the FSCS since August 2008 in regards to Picture,should I be realistic and not expect any news before August 2009?
x

Pinknico,
I don't think it should take that long....I would call the FSCS and ask them what your ref number is. To the best of my knowledge there are currently well over 600 cases waiting for Picture to be declared in default and once this happend the FSCS will begin the process of going through them.

Your ref number will be something like PICFIXXXXX with the X's indicating where you will be in queue once they begin dealing with the mess!

They should put Picture as a priority case due to couple of factors:

• The number of claiments
• The high visibility of the Company, (Silly Adverts!)
• My MP is pushing the Chief Execof the FSCS for a resolution to shut me up!
• The fact that Peter Hain (Tory MP) lost his job becuase of dodgy dealings with Picture and, let's face it Gordon Brown's lot would love to stick the boot into their Tory friends after the whole Jackie Smith caimming for !!!!!! on her expenssess fiasco!

Joking aside....The noises from the FSCS are pretty positive that Picture will be declated in default within the next 6 weeks or so then it's just down to the facts of each case.

Will keeping posting updates as I get them.

:rolleyes:

helnag

rosemahairy wrote: »

Hi Helen
no still joy. rang them friday with my concerns and they said about this FO compensation scheme. Iv had money back from HFC bank now so iv used it to clear my debts (what a good girl i am). I have successfully negotiated settlement deals with RBS loans, money shop, greenwoods and provident for less than half the balance in full and fianal settlement (if anyone wants advice on this go on the website http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers) they very useful. Problem is now i am going to be on a debt management programme for only 1 creditor the blasted welcome fianance. thinking about contacting them and paying direct to them now no point in the middle man,

Oh yeah the FO said they STILL dealing with January complaints!!! its been 2-3 months! They said my case March-April will take another few month sob sob hurry up

Cheers
Rosie

Oh I know Rosie it's so frustrating isn't it and you've done so well with the rest of them. I worked out the other day that if I got back my PPI it would clear the car and leave me with around £1200 on my loan. I'd be happy having it off my acc, I just want the debts gone and it'd make such a difference to my outgoings. Anyhoo, I'm keeping everything crossed here. let me know if you hear anything and I'll do the same.

Helen. x

marshallka

akcy wrote: »

Hi

I have just spoken to Egg and they say if you have a loan that is still outstanding then it is within their right to use the refund to reduce your outstanding balance? I said that surely the money belongs to me and it is my choice where it goes but they reckon it is something they have always done.

Should I now go to the Financial Ombudsman or are they right?

Thanks

Adam

If your loan was over 60 months and you had paid 28 months off including PPI then they should in effect pay YOU the 28 months of whatever the PPI was and then take the remaining PPI off the balance of your loan as you have not paid it yet out of your pocket.

pinknico

gumbi wrote: »

Pinknico,
I don't think it should take that long....I would call the FSCS and ask them what your ref number is. To the best of my knowledge there are currently well over 600 cases waiting for Picture to be declared in default and once this happend the FSCS will begin the process of going through them.

Your ref number will be something like PICFIXXXXX with the X's indicating where you will be in queue once they begin dealing with the mess!

They should put Picture as a priority case due to couple of factors:

• The number of claiments
• The high visibility of the Company, (Silly Adverts!)
• My MP is pushing the Chief Execof the FSCS for a resolution to shut me up!
• The fact that Peter Hain (Tory MP) lost his job becuase of dodgy dealings with Picture and, let's face it Gordon Brown's lot would love to stick the boot into their Tory friends after the whole Jackie Smith caimming for !!!!!! on her expenssess fiasco!

Joking aside....The noises from the FSCS are pretty positive that Picture will be declated in default within the next 6 weeks or so then it's just down to the facts of each case.

Will keeping posting updates as I get them.

:rolleyes:

As always gumbi thank you for your post, my reference number on my letter from them ends in a number less than 50 so I can but hope it wont be too long.Thank you again.:A