Help pls: Despite FOS positive ruling, Barclays claims to have 'new evidence'

Savvy_yetty

Hello All,

Just to give the summary of what's happened..

- My husband and I were minding our own business
- Barclays sent us a letter informing us that they had possibly missold us PPI and we should contact them.
- Contacted them and they gave us details of 2 policies - on a mortgage and a loan.
- We filled out the forms they sent out - loan PPI was agreed and repaid (albeit not in full. Apparently, they only accepted that they had only missold us a higher rate of PPI). Anyway as it was unexpected, we didn't sweat it and took it.
- Barclays claimed not to have any records of the Mortgage PPI (taken out in 2000) so declined our claim. This we found astonishing as they were the ones who informed us that there was PPI on the mortgage.
- We appealed to the FOS and after 18 months, we received a letter upholding our claim against Barclays and that Barclays have agreed to make an offer which should take '8 weeks'.
- Well 8 weeks later, Barclays writes to us claiming that since the FOS ruling, they've found 'new evidence' that we cancelled PPI on the mortgage within 30 days. So they offered us £500 as a goodwill and apology gesture.

I would greatly appreciate some advice on this please. Has anyone else experienced this?

Kind regards

Y

-taff

If the FOS are satisfied with their evidence, then you will have ot be too.

Are they?

[Deleted User]

Savvy_yetty wrote: »

- Well 8 weeks later, Barclays writes to us claiming that since the FOS ruling, they've found 'new evidence' that we cancelled PPI on the mortgage within 30 days. So they offered us £500 as a goodwill and apology gesture.

If you continue this with the FOS, then Barclays will appeal the adjudicator decision and provide this new evidence to the Ombudsman. The process will take many more months and I can't see the Ombudsman upholding your case in the face of such damning evidence. You should only ever receive a refund of money you actually paid and it seems you didn't pay any.

Remember, the CCL letter you received is sent to everyone yet to complain about PPI. It does not automatically mean your PPI was mis-sold to you.

Obviously, you received the letter on the basis that your account will have flagged up PPI. The problem for the Bank was that they found it impossible to find records of your policy because it was cancelled within the "cooling off" period. All they could do was write to tell you they could find no records of this phantom PPI policy from 14 years ago.

Clearly, the Bank have dug deeper in the face of the FOS overturning your original rejection and found out the reason why they could find no trace of your policy.

It's your choice now whether to accept Barclay's gesture of goodwill payment or choose to let the Ombudsman look at it again.

[Deleted User]

-taff wrote: »

If the FOS are satisfied with their evidence, then you will have ot be too.

If FOS get to look at the new evidence as part of a pending Bank appeal then I think the Ombudsman will end up ruling in the Bank's favour. The £500 offered to the OP will then go towards the FOS fee and the customer will likely get nothing.

Savvy_yetty

Well we have written to the bank asking them to send us the evidence backing up their claim. It's been about 5 weeks since the letter, no response yet. My husband doesn't remember asking for or buying PPI so if it was there, it was not of his choosing. However, if there is some evidence that it was 'cancelled by us' within the cooling off period, then that's the end of the matter. The FOS have asked us if we've received any evidential support from Barclays to back up this claim, which we have not. So it's a waiting game for everyone i guess.

dunstonh

- Well 8 weeks later, Barclays writes to us claiming that since the FOS ruling, they've found 'new evidence' that we cancelled PPI on the mortgage within 30 days. So they offered us £500 as a goodwill and apology gesture.

How about you using your bank statements to show how much you paid in premiums as evidence against them.

[Deleted User]

Savvy_yetty wrote: »

Well we have written to the bank asking them to send us the evidence backing up their claim.

Do remember that it is you who has made the complaint of wrong-doing by the bank. The burden of proof is therefore upon you, not the Bank.
Having said that, what kind of "evidence" would you accept? There will only be a cancellation record. Do your Bank statements from the time show in any manner that you continued to pay the PPI after the first month?

Savvy_yetty wrote: »

My husband doesn't remember asking for or buying PPI so if it was there, it was not of his choosing.

I'm afraid it's a myth (sponsored by Claim Companies) that PPI was randomly added to financial agreements without the knowledge and permission of the customer. If your husband has no knowledge of the PPI (or of cancelling it) then he's simply forgotten about it. Mortgage agreements require a full "demands and needs" document which would have included a suggestion that insurance be taken out. Of course, most people fail to read this document…

Savvy_yetty wrote: »

However, if there is some evidence that it was 'cancelled by us' within the cooling off period, then that's the end of the matter.

I think you'll end up taking the £500.

quaybab

I've found it rare for offers before provisional assessment to be withdrawn by a bank.
Your entitled to case file from the FOS based on the documents used to reach an
outcome. Its up to the adjudicator or ombudsman when this is disclosed.
Since this new evidence has been presented after the adjudicators view, it will be down to the ombudsman. Telling the ombudsman you are entitled to this evidence before final decision will end up with you losing the case (even though adjudicators do all the work which is rarely overturned).
I would email Barclays at [EMAIL="fos.queries@barclays-frc.com"]fos.queries@barclays-frc.com[/EMAIL], quoting the relevant ref no's asking for the evidence (case file). Banks use the excuse they won't communicate with customers during a converted complaint.

Savvy_yetty wrote: »

Well we have written to the bank asking them to send us the evidence backing up their claim. It's been about 5 weeks since the letter, no response yet.