barclay loan rejected please help

ajay5021

Dear Mse

Just recieved a letter this morning from barclays not upholding my complaint for a loan taken in 2001. any advice how to take this further as i do believe they haven't provided any evidence to say that I wanted the ppi....please help thanking you


In our previous letter, we promised to contact you when we had completed our investigation into your complaint.
My understanding of your complaint is that you feel you were mis-sold the Payment Protection Insurance (PPI) policy.
I have conducted a complete review of the sale looking at the following factors:
• Whether you were eligible for the Policy taking into account:
• your age
• your residency status
• Whether the Policy was suitable for you taking into account:
• your employment status
• whether you had any pre-existing medical conditions
• any existing savings/other insurance products you may have held
• whether you could afford the policy
• Whether the defined sales process was adhered to and all relevant features disclosed to you including:
• that you were made aware that the Policy was optional
• that you were not pressured into taking the Policy
• that you were advised of the price of the Policy
• that you were informed of any significant exclusions
• that you were not given any misleading or inaccurate information
In order to reach a decision, the information I have used will have included the following where available, but is not limited to:-
• All the information you have provided me with
• Your recollection of the sale
• Copies or transcripts of phone calls (where they exist)

BARCLAYS
• Relevant internal procedure manuals that were in use at the time of your sale
• Training material that sales staff would have completed
• Our internal compliance monitoring and audit reports
• Sales statistics and complaint records associated with the person who sold your policy
After taking all the above information into account, I am unable to find any evidence that the PPI Policy was mis-sold. Therefore I regret that I am unable to uphold your complaint.
This is my final response to your complaint and I need to make you aware that you now have the option of asking the Financial Ombudsman Service to review your complaint.
I have enclosed a copy of the leaflet “Your complaint and the Ombudsman” published by the Financial Ombudsman Service. This explains the procedure should you wish to refer your complaint to the Financial Ombudsman Service, you must do so within 6 months of the date of this letter.
Yours sincerely
Darren McDougal
Customer Relations Manager
Enc. Financial Ombudsman Service leaflet
You can get this in Braille, Large Print or Audio by calling 0800 400 100 (via Text
Relay if appropriate). If you are calling from overseas, please call +44 2476 842 099.
Please check with your service provider for the cost of calling this number.

dunstonh

as i do believe they haven't provided any evidence to say that I wanted the ppi.

What evidence have you provided to prove that you didnt want it?

Evidence works both ways. Verbal allegations without evidence and no other failings usually results in a rejected complaint.

ajay5021

Hi Dunstonh

When I took this loan I was advised to take the ppi with it to help build my credit score. I was working and had 6 months full and half pay at work. I didnt need it at all.

dunstonh

When I took this loan I was advised to take the ppi with it to help build my credit score.

That is a verbal allegation. What proof do you have to say that was said?

. I was working and had 6 months full and half pay at work. I didnt need it at all.

That one has legs. Did you mention this in your complaint?

ajay5021

Hi

I did put that in my questionnaire. I dont know what to do next. thanks

dunstonh

ajay5021 wrote: »

Hi

I did put that in my questionnaire. I dont know what to do next. thanks

It looks like, from their response, that they have missed that point. Go back to them and remind them that you had 6 months full pay, 6 months half and that your understanding is the PPI would not have paid out in that case and therefore the policy was not fit for purpose.

ajay5021

thanks for the info I shall email the customer relation manager and see what happens.

stonecold_2

Also it is the banks responsibility to provide evidence of YOUR sale. It looks like they have just looked at the possibilities of you being mis sold. FSA rules came into place with time and the selling of loans became better but at the time of your sale (2001) things were pretty lapse. You should take this further 100%

ajay5021

Thanks stonecold.
I will take this further because I know I was defitnatley miss sold and you are right they should have provided me with evidence and they haven't. I email the cheif exec and now waitng on a reply.

dunstonh

Also it is the banks responsibility to provide evidence of YOUR sale.

To an extent it is. Which is why so many get refunds. However, they do not have to provide evidence to counter a verbal allegation which you may make.

If you say you have 6 months full, 6 months half pay, then they are within their rights to ask for evidence. (although from occupation, they may well just accept it). Ajay has a case here on that front and should succeed.

If you say you were told this that or the other but have no evidence to back you up then they can reject it as long as nothing at their end shows a failing. The verbal allegation seems to be what Barclays have focused on and have correctly rejected that point. They either missed it or ignored the valid point raised.

stonecold_2

But they also have a responsibility to prove there was no failing on their part. The FSA have said the PPI selling needs to be reviewed against todays standards when looking at the cases. The response from the bank that they have used to defend the sale states:

"• Relevant internal procedure manuals that were in use at the time of your sale"

At the time of your sale (2001) demands & needs assessments were not carried out, or full disclosure of key aspects of the PPI contract. So the banks defence is not valid.