Please help- barclaycard have changed thier mind!!!

er77

So I finally got a response from B/Card today! Unbelievable!!!!!!
They had initally upheld my complaint and offered me a refund of PPI's - however they hadn't taken into account all the statements so the figure was on the low side!!!!!
I then wrote with my calculations and a copy of all the statements (that they had sent me)
Their response today is 'Sorry we have done further investigations and realise that we should not have upheld your original complaint!!!!' as it's our fault we will honour the original amount - but nothing else! It just so happens the difference between their offer and my calculation is £23K........
What now?

dunstonh

What was their reason for complaint rejection?

Remember that having PPI is not grounds for complaint. It is a valid product and is acceptable. They appear to have found something that changes their mind. This is a risk if you try to get more than the initial amount as they will often dig deeper or look harder at things they may have glossed over to begin with.

er77

They now say that the application was a postal one and that we ticked the box therefore they didn't give advice - they also state that being self employed we could have claimed! I only challenged the amount as they had not included all premiums which they had access to which im my books is dishonest!

Do I just accept the original offer or take it to the FSO?

Thanks

dunstonh

they also state that being self employed we could have claimed!

Most PPI plans do cover the self employed.

They now say that the application was a postal one and that we ticked the box therefore they didn't give advice

Which indicates it was not mis-sold.

I only challenged the amount as they had not included all premiums which they had access to which im my books is dishonest!

The problem is that due to backlogs, some of the providers have been auto-upholding complaints or spending very little time in looking at them. When you replied back asking for £23,000 instead of the £11k, you probably took it over their auto-uphold floor limit or whatever system they are using to filter complaints and that meant they looked into it more closely.

Do I just accept the original offer or take it to the FSO?

Up to you.

The FOS wont automatically side with you as to be classed as a mis-sale, it has to have been sold incorrectly. They are now saying they didnt sell it to you but you chose it. What reason would you be giving the FOS to say that is wrong?

Also, check your wording in the complaint response (original and followup). If it is an upheld complaint, the offer should still remain if you go to the FOS and lose. However, if it is a goodwill payment, then Barclays are allowed to withdraw the offer if you go to the FOS. If the FOS go on to rule that there was no mis-sale then you could end up with nothing.

Your situation is one where you seriously need to decide how strong your case is before you take it further and check whether it is a goodwill payment or an actual upheld complaint payment.

suitable69

I know banks have different policies but my cousin is self employed and was told by the Yorkshire bank she could claim back her PPI from a loan because if your self employed you cant have PPI.

highadmiral

As Dunstonh states many policies do give some cover the self employed usually with the proviso they work more than 16 hours a week.

On the information given there is a real chance you could end up with nothing if you go to the FOS.

I concur with Dunstonh,check the wording of the offer letter with regards to whether the complaint was upheld or whether they stated they could find no evidence of mis sell and offered a goodwill gesture.

dunstonh

suitable69 wrote: »

I know banks have different policies but my cousin is self employed and was told by the Yorkshire bank she could claim back her PPI from a loan because if your self employed you cant have PPI.

Some PPI do not include self-employed or have a criteria that is so difficult to claim under that it makes it pointless. In those cases, a complaint is fairly easy to get upheld.

However, others only require the person to stop paying class 2 NI (to indicate you are no longer trading and its not just a quiet work period) and sign on at the job centre. These ones have virtually the same criteria as an employed person (signing on being the key requirement).

firefly369

I am in a similar position with Barclaycard (originally Morgan Stanley), I am self employed, according to the response I recieved from Barclaycard

'A self employed policy holder unable to work due to involunatry unemployment is eligable to make a claim on the policy. In such an instance we require a letter from an accountant confirming the claimant had worked continuously for the six months prior to becoming unemployed, together with proof that [job seekers allowance] was being claimed'

The problem is that any self employed business person with any savings and/or significant business assets/pension would not be eligable for job seekers allowance as it is means tested.

On the FOS website their case studies make clear that during the sales process the restrictive elements of the policy should have been made clear so that the person could make an informed choice as to wether the ppi was suitable. In my case it wasn't made clear and definately wasn't suitable but I am still having to fight tooth and nail to get my money back.

dunstonh

The problem is that any self employed business person with any savings and/or significant business assets/pension would not be eligable for job seekers allowance as it is means tested.

Whilst you may not qualify for Income-based Jobseeker's Allowance payments if you have too much under the means test, you are still assessed and it is the assessment that provides the form that the insurance company require.