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Barclaycard PPI via Small Claims Court

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Comments

  • roonaldo
    roonaldo Posts: 3,420 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    brown1950 wrote: »
    Don't worry this has been the norm with this particular poster. Lots of biased advice ! From my experience and many others on numerous forums Barclaycard would defend any action you take however despite their 'legal team' putting a claimant through 'hell' even claiming you could be subject to their high legal costs (yea right in a small claims court- don't think so) Barclaycard will eventually offer to settle prior to the court hearing date.
    My advice is to go over to CAG forum or Legal Beagles forum for friendly / accurate help.

    i'd disagree with all of this, this forum has qualified people on. people should be told the truth not what they want to hear.

    the other forums are far more biased and i've seen one particular poster on CAG called DX something giving factually incorrect information out regularly and he's site admin. avoid.
  • TNSAFC18
    TNSAFC18 Posts: 15 Forumite
    brown1950 wrote: »
    Don't worry this has been the norm with this particular poster. Lots of biased advice ! From my experience and many others on numerous forums Barclaycard would defend any action you take however despite their 'legal team' putting a claimant through 'hell' even claiming you could be subject to their high legal costs (yea right in a small claims court- don't think so) Barclaycard will eventually offer to settle prior to the court hearing date.
    My advice is to go over to CAG forum or Legal Beagles forum for friendly / accurate help.

    Thanks for that, I was beginning to think that I must be a tad mental when it comes to this claim :T
  • GhIFA
    GhIFA Posts: 619 Forumite
    If you can provide the evidence you say you are able to obtain then take it to FOS, you have more chance of success there.

    Barclaycard are simply asking for proof of the basis on which you have made the complaint. Different companies will handle different complaints in different ways, the other successes you have had may have been down to auto-payout or other failings identified in the claims process.

    The fact you haven't had to claim on the policy is not a valid reason for a mis-sale.

    Most of the advice given in this thread is correct - the legal route carries less chance of success and could ultimately cost you money. There may be a long wait with FOS but it is likely to be your best chance of success, as long as you provide the evidence to back up your complaint reasons.
    I am an IFA. Any comments made on this forum are provided for information only and should not be construed as advice. Should you need advice on a specific area then please consult a local IFA.
  • antrobus
    antrobus Posts: 17,386 Forumite
    TNSAFC18 wrote: »
    [FONT=&quot]... 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.....[/FONT]

    That's like claiming that you were mis-sold car insurance because you didn't have an accident and nobody stole your car. I do hope (for your sake) that you didn't put that down on the formal claim you submitted to the court.
  • dunstonh
    dunstonh Posts: 119,818 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    TNSAFC18 wrote: »
    Thanks for that, I was beginning to think that I must be a tad mental when it comes to this claim :T

    It is sad that you are not thanking the people giving the right advice but choose to thank someone that trolls and posts rubbish just because they agree with you.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • -taff
    -taff Posts: 15,376 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 August 2013 at 1:10PM
    Ah well, I will laugh when they come back complaining their complaint wasn't upheld because I'm just that childish.

    I will be doing a spot of ner ner ner ner-ing.....


    You know what? Go ahead, take them to court, and lose your money You've already proved you don't know what you're doing by having PPI, but you haven't learned from it, so do what you like, cheerlead, cheerlead....go you go you.....
    Non me fac calcitrare tuum culi
  • TNSAFC18
    TNSAFC18 Posts: 15 Forumite
    dunstonh wrote: »
    It is sad that you are not thanking the people giving the right advice but choose to thank someone that trolls and posts rubbish just because they agree with you.

    Not at all, but evidently the tone of his post is that of someone trying to be helpful rather than someone like yourself who purely looks to belittle a poster.
  • TNSAFC18
    TNSAFC18 Posts: 15 Forumite
    -taff wrote: »
    Ah well, I will laugh when they come back complaining their complaint wasn't upheld because I'm just that childish.

    I will be doing a spot of ner ner ner ner-ing.....


    You know what? Go ahead, take them to court, and lose your money You've already proved you don't know what you're doing by having PPI, but you haven't learned from it, so do what you like, cheerlead, cheerlead....go you go you.....

    I would neither come back to complain or to gloat should I succeed. Clearly though your anal retention forces you to just pick issue with people who ask genuine questions. Given you're clearly from Wales, perhaps if I'd asked a question about sheep, you'd be the man!!:D
  • dunstonh
    dunstonh Posts: 119,818 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    TNSAFC18 wrote: »
    Not at all, but evidently the tone of his post is that of someone trying to be helpful rather than someone like yourself who purely looks to belittle a poster.

    This is a consumer site based on money saving.

    What you are doing is paying for something that has a lower success rate than the free of charge method. How does that fit in with the ethos of this site?

    No-one is trying to belittle you. Just pointing out that you appear to be taking a case to court when you shouldn't be and that you have significant flaws in your reasons. You may well succeed. Statistically, its against you but you are just making it so much harder for yourself.

    You have thanked the one person on this thread that agrees with the approach (and he is a troll that seeks out threads like this) yet turned against those that do not agree you.

    Let's assume it goes to court and the judge asks you what laws you believe are broken and what evidence do you have to support your allegations. What are you going to supply the judge?

    As for costs, there are cost issues. The defendant can seek reasonable costs if they win (typically no more than £200). They can also have the case transferred to their local court. So, that will involve transport costs for you. Maybe an overnight stay depending on distance and time of case.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • -taff
    -taff Posts: 15,376 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'm going to start laughing now.

    A fool and his money etc.
    Non me fac calcitrare tuum culi
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