PPI claim and the FOS

malc316

Hi all, hoping someone can give me some advice.

The short story is I claimed against barclaycard for PPI I didnt know I had back from 2003, incidently I had the card since 1996. I heard nothing at all in 2 years from Barclaycard so referred it to the FOS.

Second part of the complaint was Barclaycard or mercer someone called my Parents and forced them into paying my debt as I stopped repayments because they hadn't responded to my claim in 2 years.

Anyway I compained to the FOS on both counts of missold PPI and the payment of the debt and the response was less than amusing.

FOS stated I agreed to PPI in a phonecall in 2003, but cant provide proof, after I had sent them copies of letters and emails with no response from Barclaycard.
I also sent them proof from my mother confirming harrassment into paying a debt and breaking the data protection act, and proof by bank statements that it wasn't me who paid the debt.

The FOS basically called me a liar after I've provided everything I can and am at my wits end and have a further 9 days to respond.......

Hope one of you experts can help me

[Deleted User]

I doubt you'll ever get anywhere with a complaint that debt collectors "forced" your parents to pay your unpaid debts.

Do remember that the burden of proof is upon you as the accuser, not the Bank (or FOS). If it was not this way then I could say you owe me £1000 and you'd have to prove that you don't instead of the other way around.

FOS don't have to provide you with proof of anything and simply go on a balance of probabilities when making their decisions.

By all means appeal the decisions, but expect to wait around 12-18 months for a decision which is unlikely to go your way.

EDIT;
You were called a "liar" in 2008 too;
https://forums.moneysavingexpert.com/discussion/comment/9038423#Comment_9038423

dunstonh

FOS stated I agreed to PPI in a phonecall in 2003, but cant provide proof, after I had sent them copies of letters and emails with no response from Barclaycard.

A lot of credit card PPI is sold over the phone post sale.

The FOS basically called me a liar after I've provided everything I can and am at my wits end and have a further 9 days to respond.......

No. It is more likely they have said there is insufficient evidence to back up your allegations. You cant just make allegations without there being sufficient evidence to support them. So, what evidence do you have?

malc316

What I dont understand is why would I agree to something when I was in stable employment. Also barclays cannot back anything up as I asked for a soundfile stating where I agreed to this.

The proof, well I have provided them with a copy of the original application, unsigned by me, but then and hasten to add I was going out with an employee of that said bank who I mentioned could have added PPI or a tick to get commission.

I also have proof from my mother that the debt was paid by them and from their bank not mine as have provided bank statements to prove this.....all in all I really think the person dealing with the complaint at the FOS has sided with Barclays where as I have supplied proof, they cannot produce anything.

[Deleted User]

malc316 wrote: »

I also have proof from my mother that the debt was paid by them and from their bank not mine as have provided bank statements to prove this.

This is only "proof" that they paid your debt for you, not proof that anyone "forced" them to.

I think you were wasting your time with this complaint even before you referred it to the Ombudsman.

malc316 wrote: »

What I dont understand is why would I agree to something when I was in stable employment.

All being in "stable employment" indicates is that the insurance was suitable for you. Are you saying you were immune to illness and invulnerable to unemployment?

In your thread from 2008 ( referenced earlier) you say you were actually made redundant..

malc316 wrote: »

I was going out with an employee of that said bank who I mentioned could have added PPI or a tick to get commission.

That's a very serious allegation you make against your former partner. If you have proof that this was the case, you should have called the police rather than just refer to FOS as a crime has clearly been committed..

dunstonh

What I dont understand is why would I agree to something when I was in stable employment

Just ask all the people that were in stable employment who were made redundant or suffered illness.

Also barclays cannot back anything up as I asked for a soundfile stating where I agreed to this.

They dont need to. You are the one making the allegation of wrongdoing. If you went to the policy making allegations, they would ask you for evidence of that wrongdoing. Not just accept your word.

The proof, well I have provided them with a copy of the original application, unsigned by me, but then and hasten to add I was going out with an employee of that said bank who I mentioned could have added PPI or a tick to get commission.

It is not uncommon for the copy application not to be signed. What evidence do you have that the employee added a tick? What difference would it make when you would have signed the consumer credit agreement that would have shown the PPI figure on it?

I also have proof from my mother that the debt was paid by them and from their bank not mine as have provided bank statements to prove this.

That just proves the debt was paid by them. Something parents do at times when their children make silly mistakes with money.

all in all I really think the person dealing with the complaint at the FOS has sided with Barclays where as I have supplied proof, they cannot produce anything.

You have supplied no proof of wrongdoing.