Barclaycard PPI via Small Claims Court

TNSAFC18

I recently made claims to both Barclaycard and LLoyds TSB relating to mis-sold PPI on credit card agreements I had with them. In the case of Barclaycard, I made 2 separate claims as I also had an Egg card.
In relation to both the Egg claim and the Lloyds claim, my claim was upheld and they duly compensated me.
However, in regard of the Barclaycard claim, which dated back to 1997, they defended the claim on the grounds of insufficient evidence to support my claim.
My claim was based on the fact that [FONT=&quot]at the time of the agreement commencing in 1997, I was in full time employment, a home owner with savings and through both my contract of employment and company pension scheme, had cover for sickness, critical illness, death in service and income support. I was still advised however that it was recommended that as a safety net, I should have PPI protection. As this was a financial institution advising me, I duly consented. However at no point between the start date and the present day have I been unemployed or on long term sick which would initiate a claim.
At no point in the first 2 claims was I asked to provide documentary evidence, but in the last claim I was ( my guess being that it went so far back).
However as I've changed jobs 3 times since 1997 and have moved house several times, I simply documented in writing all I could.
When informed of the decision I asked if I could appeal. I was informed that my only course was to go via the FSO which could take upward of 18 months.
Having done some research though, I find I can pursue them via the small claim process within the county court.
[/FONT][FONT=&quot]I submitted my claim through the Moneyclaim website and I'm now awaiting the likely decision by them to defend the claim.

Has anyone prior experience of this process and if so, what was the outcome.?

The way I looked at it was that the court fee alone was worth the cost if it meant these cowboys didn't get away scott free.:([/FONT]

dunstonh

My claim was based on the fact that at the time of the agreement commencing in 1997, I was in full time employment, a home owner with savings and through both my contract of employment and company pension scheme, had cover for sickness, critical illness, death in service and income support.

So, nothing there suggesting any wrong doing by Barclaycard.

I was still advised however that it was recommended that as a safety net, I should have PPI protection.

Nothing wrong in that statement either.

However at no point between the start date and the present day have I been unemployed or on long term sick which would initiate a claim.

Good for you. It is so much nicer for that to be the case than to have suffered events that would have allowed you to claim.

So far in your post you havent indicated any issues.

At no point in the first 2 claims was I asked to provide documentary evidence, but in the last claim I was ( my guess being that it went so far back).

Were the first two sold by the same member of staff under the same sales process with the same product? Were the first two auto paid out?

Having done some research though, I find I can pursue them via the small claim process within the county court.

You have that right. However, you lose the ability to use the FOS. Plus, PPI successes in court are rare and typically you would end up out of pocket. The uphold rate at the FOS is far more likely to result in a success for you and probably at greater cost to barclaycard than supporting a court case.

Has anyone prior experience of this process and if so, what was the outcome.?

Assuming it even gets to court and the judge doesnt throw it out beforehand due to lack of evidence submitted by you, you should expect failure. Yes, there has been the odd success but the majority fail. Even Black Horse, who had a 99% uphold rate at the FOS have won in court.

What laws are you saying they have broken? (note, FSA guidelines and instructions are not law)

The way I looked at it was that the court fee alone was worth the cost if it meant these cowboys didn't get away scott free.

Cutting your nose off to spite your face comes to mind. Paying to go to court using a method that results in a far lower success rate than using the free of charge method just seems silly.

TNSAFC18

I was simply asking advice and although your points may be valid, the claim hinges on the basis that I neither needed PPI given the cover I already held, nor was I advised that if such protection was taken, it was available elsewhere.
The Egg claim was paid out without and further questions posed toward me.
However, Lloyds asked me all the same questions which I answered in my communication to BC and concluded that I had a claim.
Yes you're right by the way, I have been lucky not to lose either my job or my health, but I don't see the relevance of you making the comment you have, nor do I think it was necessary.
Alternative forums have followed the course I am with major success and all I sought was further information.
As for cutting off my nose, well nothing ventured and all that!!
You don't miss what you never had. I fully expect BC to defend the claim, but as the adverts say, we're you sold an agreement that you either didn't want or didn't need, I was!!

jacques_chirac

Realistically, how far do you think you are going to get without any evidence?

TNSAFC18 wrote: »

As for cutting off my nose, well nothing ventured and all that!!
You don't miss what you never had.

Another little saying for you - don't throw good money after bad.

TNSAFC18

I can obtain a letter from a former director of the firm which employed me to state that I was covered within the terms of my employee contract. Also, if required I will contact friends provident to obtain information relating to the cover within my company pension.

jacques_chirac

TNSAFC18 wrote: »

I can obtain a letter from a former director of the firm which employed me to state that I was covered within the terms of my employee contract. Also, if required I will contact friends provident to obtain information relating to the cover within my company pension.

Why are you not providing Barclaycard with this information?

-taff

TNSAFC18 wrote: »

Yes you're right by the way, I have been lucky not to lose either my job or my health, but I don't see the relevance of you making the comment you have, nor do I think it was necessary.

Because you made a point of saying that you didn't need the PPI because you did neither of those things over the years.

TNSAFC18

jacques_chirac wrote: »

Why are you not providing Barclaycard with this information?

I offered over the phone to forward this information. I was simply told that I'd be better contacting FOS. They even stated that it could take them up to 2 years to contact BC. It was as if they'd made their decision and that was that.

-taff

Barclaycard also have only a running amount of 6 years of statements, so if you do carry on, you will have to supply evidence of past payments.

TNSAFC18

Thanks for that suggestion.

TNSAFC18

-taff wrote: »

Barclaycard also have only a running amount of 6 years of statements, so if you do carry on, you will have to supply evidence of past payments.

They've acknowledged the fact that I have been paying PPI so I shouldn't have to prove that fact. It's more a case that they didn't incorrectly sell or advise on the product.