ppi refused by barclays due to insurance standards council code of practice

hammers28

hi can anyone tell me if this is correct. i applied for a refund for my barclaycard they sent me a letter back saying....

no evidence of a mis sale even though they don't have a signed copy of my credit agreement and sent me a blank one

at the end of the letter it states i have to inform you that the date of this sale was before barclays became signatories to the general insurance standards council code of practice on the 21/11/2001 i regret that your complaint is not eligible for referral to the financial ombudsman service


so does this mean as I've been a customer for around 20 years i have not rights??? sorry i don't understand it and what i should do??

tomjonesrules

Why do you feel that the policy was missold?

hammers28

their letter... we have considered the evidence that you have provided (which was quite basic as it was 20 years ago just employment etc.), in support of your complaint in addition to reviewing the circumstances and information available to us for each one of the reasons and found no evidence of a mis sale

hammers28

i feel it was mis sold as i wasn't aware i was paying it to be honest i just pay when bill comes in... i know stupid but its the way I've always done it... i now have learnt my lesson and check everything and I'm my defence i was 18/19 when i got it

tomjonesrules

Were you in employment at the time, and would it have paid out had you lost your job?

dunstonh

no evidence of a mis sale even though they don't have a signed copy of my credit agreement and sent me a blank one

What evidence do you have to support your accusation?

as it was 20 years ago

So it has taken you 20 years to complain about an entry going through each month on your statement? Timescale is taken into account with complaints.

i have to inform you that the date of this sale was before barclays became signatories to the general insurance standards council code of practice on the 21/11/2001 i regret that your complaint is not eligible for referral to the financial ombudsman service

Seems logical but magpiecottage will verify their status at that time. Hopefully, he will be along later.

magpiecottage

hammers28 wrote: »

at the end of the letter it states i have to inform you that the date of this sale was before barclays became signatories to the general insurance standards council code of practice on the 21/11/2001 i regret that your complaint is not eligible for referral to the financial ombudsman service

I suspect FOS will disagree because Barclays WAS a member of the Banking Ombudsman scheme.

so does this mean as I've been a customer for around 20 years i have not rights???

You do indeed. However, DunstonH makes a valid point that you should have a complained sooner. So Barclays would be entitled to argue that it should be timebarred.

sorry i don't understand it and what i should do??

You have two choices. Either you accept that you should have complained sooner and give up - or you take Barclays to FOS arguing that it has jurisdiction via the Banking Ombudsman.

dunstonh

Thanks magpiecottage. Whilst I know the investment limits inside out, the banking side and previous scheme dates is one I couldnt remember. I knew you would have it.

Placida

Hi Hammers28

Recently Barclays seem to be sending this same response/reasoning ;
“sold prior to 2001..have to inform you that as the date of this sale was before Barclays became signatories to the general standards council code of practise (on 21 November 2001); I regret that your complaint is not eligible for referral to the financial ombudsmen service... etc.” to refuse complaints for mis sale of ppi on credit cards, loans and overdraft protection sold before 2001

Members on another forum already contacted FOS concerning this response and were told;
“The woman I spoke to said it was nonsense, of course they would look into it”, and we already have a file with them and a reference number”
“I called the FOS as you suggested and they seemed surprised at what barclaycard BC) had written, regarding me not being able to refer my case to them as BC did not sign up to the codes of practice until after the PPI was (mis) sold to me.
“The FOS said that previous codes of practise would apply and that they (the FOS) would have jurisdiction because of them”
“Sometimes I doubt my own sanity so I have called FOS and just come off the phone to them. They say they will look at BC cases for this period so my advice would be to get your complaint in to them and let them handle it”

Taken from a recent thread
“Re: Barclays PPI - Good will offer due to no records
Quick update.
Referred the matter to the FOS, who are investigating. They said no issue with them looking at it.
In the mean time, I got a call from the Directors office at Barclaycard saying they’ve looked again at my claim and they want to offer me £9500 for the mastercard and £1000 for the visa. I’m going to accept this as it is way more than I was expecting and will more than cover the outstanding balance on both cards.
I just want to thank you for all your help. I probably would have settled for the £500 initial offer without your advice. Persistence does pay off!”

ALSO Google the following we win £7,000 for bank victim
You will get an article from The Guardian, Saturday 24 July 2004 Article history
“Self-employed IT consultant Ms Stengard-Green took out a £15,000 Barclayloan in 1999 for improvements at her Marlborough home following a mailshot which said she had been "pre-approved."
The FOS used the ABI code to uphold her appeal
the "suitability of a contract will be explained to those who are unemployed or self- employed, those on part-time work and those with pre- existing medical conditions."

Hope this helps
sorry for large font -can't seem to change it

magpiecottage

Thanks Placida.

It is likely to be in the public interest, in these cases, to take them to FOS and make the point to FOS that Barclays have told you that it is outside their jurisdiction because it predates the GISC but that an independent compliance consultant (i.e. me!) has told you that this is misleading because Barclays was a member of the Banking Ombudsman Scheme at the time.

If FOS consistently gets complaints where this is stated it will report the matter to the FSA which is then likely to force Barclays to rectify the problem generically.

This does not, of course, mean that you are automatically entitled to redress but it will help to get Barclays to stop misleading complainants.

hammers28

ty for all your help, i can only say that i never complained earlier 1, as i didn't know i could and 2, as my fault of lack of looking at my financial situation it was only with the martin lewis on daybreak that my wife looked at my statements. I will now write to complain further