Help with Barclaycard please!

simplydevine05

Hi all,

Last year I did a SAR on Barclays as I knew I had PPI with their credit card, that at the time I thought was to protect my purchases if they were lost or stolen! When I found out what it was I cancelled.
When I received all the documentation from them, they had my original application form (doesn't mention PPI) and they had all statements from the month after I cancelled the insurance (strange that isn't it?!). They also had a letter confirming the cancellation.
I sent the request in the first week of June, and received all the documents in November (so well out of the 40 working days there!) and the statements they sent were from November 2005 (exactly six years).
Now having put in my PPI claim, and receiving a letter saying there was no evidence of it being missold, I am left wondering if they deliberately held back on the SAR to ensure there was no evidence of how much I paid, and having just read elsewhere, they won't pay up if it is over six years ago unless I have statements. It was set up in July 2004.
So, my question is, where do I go from here? I have just printed off the complaint form for the Ombudsman, but will I just be wasting my time?

Thanks in advance!

Kirsty

amersall

When I received all the documentation from them, they had my original application form (doesn't mention PPI) and they had all statements from the month after I cancelled the insurance (strange that isn't it?!). They also had a letter confirming the cancellation.
I sent the request in the first week of June, and received all the documents in November (so well out of the 40 working days there!)

You need to phone the ICO and complain at the length of time they took to give you your info and that some of it is missing.
https://www.ico.gov.uk/Global/contact_us.aspx


What reasons did you use for mis sell?.
What reasons did they give to reject?.
Do you have any statements that show you paid ppi?.

The ppi could have been "sold to you" when you activated the card,this could be why it is not showing on your agreement.

magpiecottage

simplydevine05 wrote: »

Last year I did a SAR on Barclays as I knew I had PPI with their credit card, that at the time I thought was to protect my purchases if they were lost or stolen!

I am not sure how that would not be the fault of Barclays

When I received all the documentation from them, they had my original application form (doesn't mention PPI)

Which suggests you didn't have it.

they had all statements from the month after I cancelled the insurance (strange that isn't it?!).

You do not say when it is.

They also had a letter confirming the cancellation.

That will almost certainly be a standard letter which does not necessarily mean the policy ever existed.

I sent the request in the first week of June, and received all the documents in November (so well out of the 40 working days there!)

The 40 days runs from when you comply with the requirements which includes making it apparent to the bank that it was a data subject access request AND paying the fee. I do not know in your case, of course, but I have seen requests for information that could not reasonably have been construed as a Data Subject Access Request but that is what was intended.

There can also be concerns that the person making the request is not the Data Subject - and releasing it to the wrong person is also a breach of the Act.

Now having put in my PPI claim, and receiving a letter saying there was no evidence of it being missold, I am left wondering if they deliberately held back on the SAR to ensure there was no evidence of how much I paid

You credit them with way too much intelligence!

My guess is that they simply have an automated culling system.

and having just read elsewhere, they won't pay up if it is over six years ago unless I have statements. It was set up in July 2004.

They won't pay redress unless there is evidence but that is not the same as saying they have hidden it.

So, my question is, where do I go from here? I have just printed off the complaint form for the Ombudsman, but will I just be wasting my time?

You can but be warned, a complaint where nobody can produce any evidence is unlikely to be upheld and may be dismissed as frivolous and vexatious

simplydevine05

magpiecottage wrote: »

I am not sure how that would not be the fault of Barclays

Which suggests you didn't have it.

You do not say when it is.

That will almost certainly be a standard letter which does not necessarily mean the policy ever existed.

The 40 days runs from when you comply with the requirements which includes making it apparent to the bank that it was a data subject access request AND paying the fee. I do not know in your case, of course, but I have seen requests for information that could not reasonably have been construed as a Data Subject Access Request but that is what was intended.

There can also be concerns that the person making the request is not the Data Subject - and releasing it to the wrong person is also a breach of the Act.

You credit them with way too much intelligence!

My guess is that they simply have an automated culling system.

They won't pay redress unless there is evidence but that is not the same as saying they have hidden it.

You can but be warned, a complaint where nobody can produce any evidence is unlikely to be upheld and may be dismissed as frivolous and vexatious

I have other documents saying I had the insurance and I work for a bank so I know what a SAR is and there was no doubt that the letter I sent was a SAR. They banked my cheque for the fee after I had received the information.
They sent me two envelopes stuffed to the brim with printouts so I don't think they were concerned with who requested the information and given that it went to the address they already have for me as the card is still active, it was less likely to flag up as fraud.
I know I had it as I remember cancelling it, and as the first person said, if there was no mentioned of it on the application (which consisted of my name, address, date of birth and signature) then it may have been sold over the phone, not that I didn't have it.
Thanks for all of your wonderful help!

simplydevine05

amersall wrote: »

You need to phone the ICO and complain at the length of time they took to give you your info and that some of it is missing.
https://www.ico.gov.uk/Global/contact_us.aspx


What reasons did you use for mis sell?.
What reasons did they give to reject?.
Do you have any statements that show you paid ppi?.

The ppi could have been "sold to you" when you activated the card,this could be why it is not showing on your agreement.

Thank you, that's very helpful. The reasons I gave for miss sell were that I didn't know what it was, I was self employed at the time and then my company went under so I would have been eligible for a claim, had I known what it was!
The reason they gave for not upholding was simply "there is no evidence of miss sell" when actually there is no evidence of the selling part full stop. Only a print of all services I've had and when they started (in my case it stated that PPI started in July 2004, and the date on the application was May 2004) and when it ended along with the letter telling me I had cancelled it. They didn't say I didn't have it and I sent their documents with the the complaint letter confirming I did.
Unfortunately I have no statements from back then and I thought they would have at least one when I sent the SAR letter in June. Obviously I didn't think they would take until November to send everything out as I sent the letter to the department they advised me to, granted it probably took an extra couple of days to get from the post room to the right people!
I'll get in touch with ICO straight away. Thank you!

amersall

Good luck.

amersall

You credit them with way too much intelligence!

you say some little gems