First time need advice please!

BigO7

Hi All,

First time posting on here but I have been following for advice and put 2 claims in with Barclays beginning of November 2011. Need some advice please on Claim 2 with the Barclaycard if possible.

Claim 1 - £8500 Barclayloan taken out in 1996 that I had PPI paperwork for and I have just today had £2200.00 paid into my account today as a settlement!!! Result.

Claim 2 - This is for a barclaycard that I took out in 1996 and is still current and I know I paid PPI on this between 1996 and 2006 and have had this confirmed by one of there team on the phone but I do not have any paperwork.
Barclays have somehow messed up and have given me 2 claim references for the same claim and are giving me conflicting information for each reference which makes me think something fishy is going on!!?
I have sent of a request along with £1 for copy of agreement under Section 78 of consumer credit act but when I have chased this they say For some reason I need to resend this again.

Reference 1 - Via letter " we have completed our investigation and have been unable to locate a policy and have not been able to establish if you have a policy and therefore complaint has not been upheld". I then called them and the nice guy said that he could clearly see that I did have PPI between 1996 and 2006 and that he was noting this and would send to the re-open investigation team straight away so wait to hear from them.

Reference 2 - via letter today " We have identified that your application was submitted by post.At the point of applying for PPI, the process required you to select the specific type of cover you required and in this case you positively selected the product.
In addition we have conducted a review of the documentation you viewed during sale. We are satisfied that the documentation presented accurately described the policy and was sufficient to provide you with all the information necessary etc.
As a result we are not able to uphold your complaint and this is their final response.

Conflicting information or what!!

Question is .... Time to reveal they have messed up and are giving me two stories or go to the ombudsman or send off SAR and keep chasing the section 78 request??

Any advice would be very welcome.

Thanks
Ref 1-

dunstonh

I have sent of a request along with £1 for copy of agreement under Section 78 of consumer credit act but when I have chased this they say For some reason I need to resend this again.

Section 78 only applies to debts that are still in force. Not those that have been repaid. Expect to have your £1 returned and told your request is not applicable.

Conflicting information or what!!

Can you clarify what you view as conflicting?

The response seems valid. You bought loan 2 via the post and therefore it was not sold to you but you chose to buy it.

Question is .... Time to reveal they have messed up and are giving me two stories or go to the ombudsman or send off SAR and keep chasing the section 78 request??

You have only given one story. Not two. It would help if we knew what story 2 was.

BigO7

Hi Dunstonh,

Thank you for your reply.

Sorry I haven't made myself very clear.

The section 78 request sent is for the Barclaycard which is still current not the currently repaid barclay loan so don't know wether to send off again?

The conflicting stories are:

1) Received a letter on 28th Dec with one complaint reference number re the card saying that they could not determine that I had a policy with
them so could not uphold the complaint. I then called them re thIs on 3rd of Jan to be told that he could clearly see the PPI on the card between 1996 and 2006 and that he would send to the re-open team. So as pee the phone call it is being re investigated?

2) Received another letter with the different complaint ref on 3rd Jan saying that they had investigated my complaint and had determined that the PPI had been purchased via post etc so would not uphold and this was final response. Even though I applied for card via post etc I do not believe I would of added the PPI due to circumstance and wonder if it was pre ticked or added.

These two responses are regarding the same card but somehow they have managed to allocate two separate claims and this is why I feel they are giving me conflicting stories?

Thank you again for your help and look forward to any thoughts you might have

dunstonh

These two responses are regarding the same card but somehow they have managed to allocate two separate claims and this is why I feel they are giving me conflicting stories?

Or alternatively, having now found the case following your phone call, they have issued a new complaint reference number as the previous one was closed. Possibly as it gives them a new 8 week period to look at it rather than 8 weeks from the previous complaint. Or it could be that doing it this way helps their complaint stats. The previous closed complaint shows as not being upheld. if we assume the "new one" is upheld, then that is one complaint upheld, one not. Or it could be as simple that the person that took the call just did it that way or that is the the way their computer system/filing system works.

BigO7

Thank you once again dunstonh.

The two seperate claim references were allocated back Nov 2011 not after my phone call and I have spoke to the complaints team regarding each separate reference over the telephone so I am sure that they have two separate claims running re the same card account.

I am thinking of sending of the SAR request for the claim they have just refused and having a look at the paperwork/original agreement etc as I thought I had gone through the agreement in branch but can't be sure. This way I could check the agreement and look at what they say I sent in via post? Will they send me this info even though they have said the letter was their final response and they would not communicate further with me but only the Ombudsman?

The second claim reference I was thinking of letting it run and see what the re-open team come back with to me for the time being?

Thanks again I appreciate it

BigO7

You99,

Thanks for your invaluable advice!!

Maybe best to concentrate on your career as a ... Space cadet....just a thought!