Barclaycard PPI - Ombudsman Response

McDaddy17

Hi

I put in a PPI complaint for my Barclaycard due to the 'salesperson' advising me it would help with my credit card application.

They wrote back telling me no and a load of blurb about they don't train their bank staff that way.

I complained to the Financial Ombudsman who finally got back to me today and they tell me they won't uphold my complaint as my testimony wasn't persuasive enough!

I told them in the original complaint that it was a meeting between myself and a member of Barclays bank and he told me to take the PPI and it would help my credit application.

The FO told me I need to elaborate more. I said that this conversation was 10 years ago, I can't remember the member of staff's name or any other detail!

They said to write a letter back to them elaborating on the conversation and persuading them to uphold my complaint.

How on earth do I persuade them? Has anyone else experienced this?

Thanks

skemp1

It's a bit tricky isn't it?

It's your word against their isn't it. If they upheld this complaint then anyone could claim saying that is what they were told at the time of acceptance.

Don't get me wrong, I would not be surprised if this did happen but they must think your argument is a bit to wishy-washy and hopeful rather than factual.

McDaddy17

It is tricky. I just don't know what more I can do to 'persuade' FOS that this conversation took place

Rafter

McD,

Just be as specific as possible. Say which branch you used, whether the advisor was male/ female, how old, where in the branch the conversation happened.

Also confirm that in your belief that you were missold, unless the Bank can demonstrate that their branch staff were in no way incentivised to sell cards with insurance at the time you took out the loan.

Regardless of training, if the staff at the time stood to gain financially from selling cards with insurance ahead of those without, I think the bank have a particularly week case and that you are entitled to a refund if you were misled.

If you have claimed on the PPI though, I believe you have a weaker case.

Is there anything else you can add to boost your argument? Do you have any pre-existing medical conditions, were you a contractor or self employed and therefore might have been excluded if you claimed?

Good luck

R.

dunstonh

I put in a PPI complaint for my Barclaycard due to the 'salesperson' advising me it would help with my credit card application.

Was that your only complaint reason? and if so, what evidence do you have to support that?

I complained to the Financial Ombudsman who finally got back to me today and they tell me they won't uphold my complaint as my testimony wasn't persuasive enough!

That is the outcome you would expect if there is no evidence to support your allegations and no other wrong doing has been identified.

The FO told me I need to elaborate more. I said that this conversation was 10 years ago, I can't remember the member of staff's name or any other detail!

So, you are alleging things were said but cant remember anything else. Doesnt sound very positive.

How on earth do I persuade them? Has anyone else experienced this?

in most cases you cannot persuade them as you wont have the evidence to support it. It is a very common situation and the majority get rejected and stay rejected. all the fraudulent, try-it-on complaints say they were told to have it. Not saying yours is but helping you to understand that they just cannot take your word for it.

McDaddy17

Rafter wrote: »

McD,

Just be as specific as possible. Say which branch you used, whether the advisor was male/ female, how old, where in the branch the conversation happened.

Also confirm that in your belief that you were missold, unless the Bank can demonstrate that their branch staff were in no way incentivised to sell cards with insurance at the time you took out the loan.

Regardless of training, if the staff at the time stood to gain financially from selling cards with insurance ahead of those without, I think the bank have a particularly week case and that you are entitled to a refund if you were misled.

If you have claimed on the PPI though, I believe you have a weaker case.

Is there anything else you can add to boost your argument? Do you have any pre-existing medical conditions, were you a contractor or self employed and therefore might have been excluded if you claimed?

Good luck

R.

Thanks

I don't have any medical conditions and I wasn't self employed.

What can I do about complaining about the financial gain for the staff member for selling insurance with the card? Write to Barclays? Or FOS?

McDaddy17

dunstonh wrote: »

Was that your only complaint reason? and if so, what evidence do you have to support that?



That is the outcome you would expect if there is no evidence to support your allegations and no other wrong doing has been identified.



So, you are alleging things were said but cant remember anything else. Doesnt sound very positive.



in most cases you cannot persuade them as you wont have the evidence to support it. It is a very common situation and the majority get rejected and stay rejected. all the fraudulent, try-it-on complaints say they were told to have it. Not saying yours is but helping you to understand that they just cannot take your word for it.

But can Barclaycard provide evidence to say I wasn't pressured?

skemp1

I think that seeing as you are accusing an organisation of something, the burden of proof lies with you to prove that you were miss-sold the ppi.

I don't think that bank has to prove that it didn't.

It's largley the way the world works, I got paid out because I had loads of investments (£50k +) with Barclays when they put ppi on my loan without asking me. Because I had that money with them they should never have advised me to take out the policy on a £5k loan.

dunstonh

But can Barclaycard provide evidence to say I wasn't pressured?

They dont need to. UK law works on the basis of he who asserts must prove.

Could you imagine the mess the world would be in if anyone making allegations was to be believed without evidence?

What can I do about complaining about the financial gain for the staff member for selling insurance with the card? Write to Barclays? Or FOS?

You cant complain about that. It is not a valid complaint reason. Firms have every right to pay their staff what they like. It is also a myth that they get commissions for selling such things as credit cards with or without PPI. It may go towards branch targets which help achieve bonuses but no individual commission is paid and even if it was, it is allowed.

I got paid out because I had loads of investments (£50k +) with Barclays when they put ppi on my loan without asking me. Because I had that money with them they should never have advised me to take out the policy on a £5k loan.

That is a text book complaint and the right outcome. A solid complaint reason with factual details which can be evidenced.

skemp1

I can't see how a business is going to pay out anything just on a "I was told this" basis without no proof or evidence.

I am trying to claim back my Barclays overdraft ppi now that has been on my account for around 14 years. I did not know anything about it and never requested it but I cannot prove that it was miss-sold in paper format.

However, in that time I have been self employed and had the investments/savings with them for 5-7 of those years. I would not be surprised if they turn me down again, but the original reason for turning down the claim that they could not find proof that I had ppi policy with them so I sent them copies of my statements and am waiting to hear.

Mcdaddy, did you have savings that you could of used to pay the loan instead? I am struggling to find a solid basis for your claim that can be proved.

[Deleted User]

McDaddy17 wrote: »

What can I do about complaining about the financial gain for the staff member for selling insurance with the card?

Why do you think that is a cause for complaint? Banks can pay their staff at whatever rate they see fit.
It's not even likely that the staff member ever received an individual commission payment for "mis-selling" you PPI.

I think you need to let this go now. Your complaint has failed and you have no other recourse.