Help required for ppi claim being declined

Coppinger

Hi please can you give me advice on a ppi claim that I have created with barlcaycard. I have just received a reply saying that they cannot find any evidence of a mis-sale due to:
the sales rep did state that it was optional and that they cannot find a reason to suggest that optionality was not discussed and also it would have been disclosed in the pre and post sales lit sent out to me.

They also reponded to the point i made about not being given accuarate info about ppi info, they stated thast the sales rep would have given me the key features and benefits and therefore cannot find a reason to suggest this info was not discussed in a clear manner.

the 3rd complaint i made was not being asked about my work status when took out the policy and they simply replied saying that 'we have not identified sufficient evidence to support your complaint on these reasons' and as a result cannot uphold the complaint.

I am unsure of my next action and want to get it right, do i next need to go to the ombusman as barclaycard have stated that they will no discuss any further as that is their final letter. Please can you help!!

Thanks!! Lucy:j

dunstonh

What you need to do next is supply them with the evidence to support your accusations.

Coppinger

I am not even sure what evidenve i require? can you advise?

dunstonh

Coppinger wrote: »

I am not even sure what evidenve i require? can you advise?

The product is set up correctly. So, they have no reason to refund on that front. You are not complaining your were ineligible or had no financial need. So, they have no reason to refund on that basis. They are the most common areas where complaints get upheld.

It appears the sole reason for your complaint is a verbal accusation and they can find nothing to support your accusation. Most complaints that are made on that basis are likely to be rejected. The ones that are successful are usually not for that reason but a technical failing (e.g. single premium, ineligibility, no financial need).

Unless they find a something on file that supports your accusation (and they say they havent) or you have some evidence to support your accusation, then a rejection is the likely outcome

Coppinger

Thanks for your quick reply!
The main complaint that I made was not being aware that I had ppi on the account and also that I have always been in full time employment that pay me when I am off sick, even though I have changed jobs a few times the same policy has applied, which i do not think i was asked at the time! Do i have a claim with this?? I almost feel that barclaycard are twisting what I am complaining about!! I have also just had a success with MBNA and i didnt even have to write the formal letter!

dunstonh

The main complaint that I made was not being aware that I had ppi on the account

Easy for you to complain about but damned near impossible to prove. So a complaint on that basis is rarely going to win.

and also that I have always been in full time employment that pay me when I am off sick, even though I have changed jobs a few times the same policy has applied

You have to look back to the point of sale. They cannot be responsible for changes after the sale. Just what is applicable at point of sale.

Your complaint here is an area where many complaints can be upheld. If you are saying your sick pay was say 6 months full pay and 6 months half pay (the typical maximum) or that you had other insurances to cover you (such as PHI) then you have grounds for mis-sale. It is also easy to prove as the employer can verify it (assuming its not an employer where the details are well known). If, however, you are like most people and only have something like 1-3 months sick pay or SSP, then a complaint would likely be rejected in that case as you would not have enough sick pay and the insurance is justifiable.

No-one knows when they are going to get sick. You are healthy until you are not. So, always being in in full time employment is irrelevant.

I almost feel that barclaycard are twisting what I am complaining about!!

Their response seems fair to be honest.

I have also just had a success with MBNA and i didnt even have to write the formal letter!

Some companies have such a backlog currently that it is quicker to refund and get the case closed than it is to argue the point. This leads to a situation where you get paid out even if you shouldnt be. Or it could be that MBNA found a technical error in their checking of your complaint unrelated to your complaint reasons and upheld it for that reason.

magpiecottage

Coppinger wrote: »

the sales rep did state that it was optional and that they cannot find a reason to suggest that optionality was not discussed

Coppinger wrote: »

The main complaint that I made was not being aware that I had ppi on the account

This doesn't make sense. You cannot allege that the sales rep indicated that it was compulsory (which a response that you were told it was optional infers) and that you did not know you had it. At least one must be untrue.

When did you take first get the card?

I have always been in full time employment that pay me when I am off sick, even though I have changed jobs a few times the same policy has applied

they simply replied saying that 'we have not identified sufficient evidence to support your complaint on these reasons' and as a result cannot uphold the complaint.

That you get some sick pay you when you are sick means very little. Most employers will pay statutory sick pay (and claim it back from the State) but it is only in the region of £80 per week.

i do not think i was asked at the time! Do i have a claim with this??

No - you might have grounds for complaint but you have not produced evidence of your sick pay entitlement at the time the policy was taken out.

I am unsure of my next action and want to get it right, do i next need to go to the ombusman as barclaycard have stated that they will no discuss any further as that is their final letter.

Your only option is the Financial Ombudsman Service (unless you want to risk the courts).