Barclays Rejected - FOS or write back to Barclays

tats2303

Hi Everyone,

Looking for some help, I've had my PPI claim rejected by Barclays and by reading the jargon on the letter, it looks a pretty standard template with the verbiage.

I'm sure there's been plenty of people in the same boat as me, but who have had a success by keeping at it.

Conundrum I have is;

1) Do I write back to Barclays challenging them or
2) Go direct an raise a claim with the FOS

Either way, does anyone have any idea of what I need to say to Barclays or an example letter that I can hit back with.

I know I'm in the right here as I've never taken out PPI for any credit card, and have just had a handsome check from MBNA without any quibble from them.

Any help would be much apprecaited.

Thanks all.

burty8899

hi,

would help if we knew the reasons for your complaint?

[Deleted User]

As above, if you want advice you need to elaborate on the details of your complaint and their response.
Lenders do use standard letters to both reject and uphold complaints, but I don't think this in any way strengthens your case.

There can be no template letter for you to respond with as there are far too many variables to cover all the bases.

tats2303

Hi All,

Thanks for the replies.

Just got off the phone to Barclays, and they customer adviser mentioned that my loan was taken out Pre-Gisc (taken out in 1998) and they cannot prove either way if PPI was miss old or not. Even even told me that the letter was a smoke screen to put people off the scent. Without his information I would never of heard of Pre GISC.

Anyone else heard of it?

Also spoke with the FSO, and they advised the information provided was not correct and told me to raise a case.

[Deleted User]

You still haven't given us any details of your complaint or the reasons the Bank gave for rejecting it.
The usual problem with old loans like this is not that the Bank weren't regulated, but that they no longer hold any records from agreements older than six years ago.
If you provided no documentation this is more likely to have been the reason for your rejection.
The "customer advisor" at Barclays would be risking his job telling you that the Bank's letter was a "smokescreen" (calls are randomly recorded) and he showed little knowledge in respect of regulation.
FOS is right, you can go to them within six months of a rejection, but be prepared for a wait of a year or more.

Here's what the MSE advice article says on GISC
"The Ombudsman can only help with complaints about FSA regulated companies. All PPI sales from Jan 2005 are regulated by the Ombudsman, but some earlier policies aren't. Any provider that was FSA regulated before this will be covered by the Ombudsman. So all banks and building society loans should be fine.

Sadly, if you got PPI in 2004 or earlier and the provider wasn't FSA regulated (eg, car dealerships or some hire purchase arrangements), the Ombudsman has no jurisdiction. This makes reclaiming trickier, though it's still worth trying.

Call the Ombudsman and check, as it can help where lenders signed up to its voluntary scheme or were regulated by the General Insurance Standards Council (GISC)."

tats2303

[FONT=&quot]Here’s the transcript of the letter from Barclays. As I stated in the FOS questionnaire I submitted, I was never informed that PPI could be removed and the fact that I never asked for it, was told it was mandatory[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]‘My understanding of your complaint is that you feel you were mis-sold the PPI Policy[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I have conducted a complete review of the sale, looking into the following factors:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Whether you were eligible for the Policy taking into account:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Your Age [trust me old enough][/FONT]
[FONT=&quot]Your residency [UK Citizen all my life][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Whether or policy was suitable for you taking into account:[/FONT]
[FONT=&quot] [/FONT]
· [FONT=&quot]Your employment status [worked for the same company for 23 years][/FONT]
· [FONT=&quot]Any pre existing medical history [None][/FONT]
· [FONT=&quot]Any existing savings/insurance policies you had [have my own savings accounts which would cover any payments, told them this][/FONT]
· [FONT=&quot]Whether you could afford the policy [Was never asked, as it was automatically added to my agreement][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Whether the defined sales process was adhered to and all relevant features disclosed to you including:[/FONT]
· [FONT=&quot]That you were made aware the Policy was optional [no I wasn’t told anything][/FONT]
· [FONT=&quot]That you were not pressured into taking the Policy [again, was never discussed][/FONT]
· [FONT=&quot]That you were advised of the price of the policy [again, was never discussed][/FONT]
· [FONT=&quot]That you were informed of any significant exclusions [again, was never discussed][/FONT]
· [FONT=&quot]That you were not given any misleading or inaccurate information [again, was never discussed][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In order to reach a decision, the information I have used will have included the following where, available, but is not limited to:-[/FONT]
[FONT=&quot] [/FONT]
· [FONT=&quot]All the information you have provided me [copies of statements and FSO questionnaire][/FONT]
· [FONT=&quot]Your recollection of the sale [advised I never asked for this][/FONT]
· [FONT=&quot]Relevant internal procedure manuals that were in use at the time of the sale[/FONT]
· [FONT=&quot]Training material that sales staff would have completed [application was made via telephone by one of their Premier sales team][/FONT]
· [FONT=&quot]Our Internal compliance monitoring and audit reports[/FONT]
· [FONT=&quot]Sales statistics and complaint records associated with he person who sold your policy[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]After taking all the above information into account, I am unable to find any evidence that the PPI Policy was mis-sold. There I regret that I am unable to uphold your complaint.’[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]As I mentioned on my earlier posts, the feeling I had form the Customer adviser was that as this was Pre- GISC they have not even investigated the matter fully. The guy at the FOS agreed, and he gave me the impression that the Barclay's adviser was giving me the wrong information[/FONT].

dunstonh

, I was never informed that PPI could be removed and the fact that I never asked for it, was told it was mandatory

What evidence do you have to support those allegations?

The problem you have is that your reasons for complaint are weak and virtually unprovable. They have checked their documentation and found no evidence of wrongdoing. Its not a loan, so you cant get away with the single premium uphold reason and it is set up correctly. So, you need something a bit more solid than an unprovable allegation.

tats2303

I can see your POV, but this loan was agreed and discussed over the phone. I cannot prove this, but on the other hand neither can Barclay's prove it was mis-sold. I was never aware I asked for this, so I have requested that that provide me my written/verbal confirmation that I asked for it.

dunstonh

I can see your POV, but this loan was agreed and discussed over the phone. I cannot prove this, but on the other hand neither can Barclay's prove it was mis-sold.

The one making the allegation needs to prove it if none of the documentation or evidence available shows any wrong doing.

[Deleted User]

dunstonh wrote: »

Its not a loan,

tats2303 wrote: »

this loan was agreed and discussed over the phone

Seems it was a loan, Dunstonh .

dunstonh

So it is. Thank you moneyineptitude. It was the comment in post #1 that threw me; "I've never taken out PPI for any credit card"