Ombudsman upheld Barclays rejection claim advice please

sitcom321

my friend applied for misold ppi against her barclay card which she took out in the early 80s, Barclays rejected her claim saying she had ticked the agreement box. she then sent her claim to the FOS 12 months ago on the basis ppi was never explained to her properly and that she got paid 6month full pay for sick etc.

FOS sent her a letter on saturday (they have had the claim since May 2012) stating they have gone in favour of Barclays and that she took out her Barclaycard in 1996 in a meeting with the bank. she has 14 days to appeal, what should she do? she says she definitely took the card out in the 80s via postal application and did not attend a meeting.

-taff

That's probably even worse because she actually bought it, no one sold it to her.

She has to show that the PPI was missold, she can't really appeal other than to say it wasn't explained to her via her postal application. Has she got any paperwork showing she took her card out like this? Or any statements from before 1996?

dunstonh

she says she definitely took the card out in the 80s via postal application and did not attend a meeting.

That actually reduces the chances of success as no-one else is involved. Just her. She chose to buy it.

So, either they are wrong but the her believed method of buying would have less of a chance of success or they are right and there is nothing to suggest any wrongdoing.

roonaldo

I have to agree with the others, this is a non advised postal sale so it was down to her.

Why did she take it out knowing she had sick pay then?

-taff

Because it was the 80s.....

magpiecottage

Mispurchase not missale - so the purchaser, rather than the seller, is at fault.

sitcom321

My friend has decided to appeal to the ombudsman outcome as the letter does have discrepancies.

she got sick pay from work - ombudsman letter states that she doesnt

she posted application - ombudsman states that card was taken out in a meeting even though there is no evidence of this

she is not hopeful of winning the case but wondered has the ombudsman ever overuled a decision on appeal

dunstonh

she is not hopeful of winning the case but wondered has the ombudsman ever overuled a decision on appeal

Yes they have overruled. However, it is only a minority of cases that get overruled. Typically, it is on errors.

JuicyJesus

sitcom321 wrote: »

she is not hopeful of winning the case but wondered has the ombudsman ever overuled a decision on appeal

Only once, ever, many years ago, and they said they would never ever do it again.