barclaycard account suspended

andylatham

Dear Dunstonh

Thanks for your informed, helpful and intelligent replies.

One further question though if I may, in relation to your final point.

If I took out the card in the early 1980s -and you say PPI was not around then - and if I never subsequently signed a PPI agreement presumably, if PPI payments were being taken from my account for many, many years, then they were being taken without my agreement and consequently I would be in a good position to reclaim.

I look forward to your opinions.

Thanks.

FeelStupid

dunstonh wrote: »

It is not intimidation. Your request has put them in this position. They cannot locate the original agreement and therefore cannot enforce the debt in a court of law. So, quite logically, they prevent you from borrowing any more money until such time that an agreement is in place.

I didn't ask for the agreement though, dunstonh. I simply put in a ppi complaint and they then cancelled my card.

FeelStupid

andylatham wrote: »

Dear Dunstonh

Thanks for your informed, helpful and intelligent replies.

One further question though if I may, in relation to your final point.

If I took out the card in the early 1980s -and you say PPI was not around then - and if I never subsequently signed a PPI agreement presumably, if PPI payments were being taken from my account for many, many years, then they were being taken without my agreement and consequently I would be in a good position to reclaim.

I look forward to your opinions.

Thanks.

Mine was applied 20 years or so ago and I didn't ask for it, but they still refused my complaint.

I was one of those that don't check statementss, only the monthly payment, so didn't notice until last year. My own stupidity.

Delighted to say I'm no longer a customer of theirs though, wiped out my dent to them with another ppi refund.

dunstonh

If I took out the card in the early 1980s -and you say PPI was not around then - and if I never subsequently signed a PPI agreement presumably, if PPI payments were being taken from my account for many, many years, then they were being taken without my agreement and consequently I would be in a good position to reclaim.

PPI on credit cards was very often added after the application. Typically in a sales phone call. PPI for credit cards does not appear on any credit agreement. This is why the card provider are suspicious of any request for the agreement. Typically the only reason to ask for the agreement is if you are attempting to get out of your debt.

I didn't ask for the agreement though, dunstonh. I simply put in a ppi complaint and they then cancelled my card.

If you made a PPI complaint then they shouldnt do that unless they happened to find out the didnt have an agreement in place at the same time. Typically, it is the £1 request under S78 of the CCA that creates this outcome. Not a PPI complaint.

Jojo1972_2

I am presuming that barclaycard will take off the "suspension" when the ppi is sorted out?

Is there less chance of getting the ppi back if they don't have a copy of the agreement?

dunstonh

I am presuming that barclaycard will take off the "suspension" when the ppi is sorted out?

No. The issue has nothing to do with PPI. It is to do with the debt being unenforceable in a court of law. If you put in place a new agreement with them, then they will lift the suspension.

Is there less chance of getting the ppi back if they don't have a copy of the agreement?

There is absolutely no requirement to get a copy of the agreement to make a PPI complaint. The only reason for requesting it is if you are trying to make the debt unenforceable.

jamesd

The agreement may show whether PPI was signed up for originally by the cardholder or whether there is any indication of forgery. If it's an image of an actual agreement, not merely a copy of the terms. So it's of some possible PPE value even where an unenforceability approach isn't being taken.

Barclaycard is sensible to cease allowing more credit when they can't find an agreement but they aren't handling it very well on the customer service side if all they want is a valid agreement in place. It appears rather as if they are trying to get rid of the customer, not just get an agreement.

dunstonh

The agreement may show whether PPI was signed up for originally by the cardholder or whether there is any indication of forgery.

The application is more likely to show that. The £10 DSAR is likely to yield more information of use than the £1 S78 CCA request

[Deleted User]

dunstonh wrote: »

Unfortunately, the instructions on this site contain errors and can create the very problem you have got. It could really do with a re-write as we get frequent posters on the forum coming up with issues due to that article.

Yes, I've noticed that some of Martin's instructions are contradicted on the Forum.
Personally, I'm thinking specifically about the importance of checking whether the PPI was "front loaded". I don't think the article makes the point that this should be the major reason for complaint.
Can nothing be done to rectify this? I know Martin no longer runs the Forum, but there must be people in touch with him (or someone willing to update the articles)