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PPI Reclaiming successes and failures

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  • 123chase
    123chase Posts: 41 Forumite
    123chase wrote: »
    I never applied for my Barclaycard, I was at a cashier in Barclays, when I was told to sign for my card, which I assumed was a new debit card, but 2 weeks later a Barclaycard arrived. PPI was automatically added to this, and I never knew what it was, assumed it was a normal charge. In July 2010 a financial advisor told me what it was and that it was an optional policy. I canceled it straight away. I compained about being miss sold this PPI, but was rejected by Barclaycard. I sent it to FOS Last July, it is still waiting to be assessed, just wondered what people thought my chances of the claim being upheld were, I had the PPI for 8 years. Anyone else has a similar case that was successful?

    I would really appreciate some advice on this please. I had a phone call from Fos yesterday, 1st assessment from the adjudicator, saying that they are not upholding it, as on the signed credit agreement, it states cost of PPI and optional nature. As I never saw an agreement and never applied for the card, I do not agree with this. The only reason they have a signature is because a chashier at Barclay's told me I needed to sign for my card, fraudulately obtained my signature, I thought I was getting a new debit card, I never knew I'd just applied for a Barclaycard and signed a credit agreement. I have asked for a copy of the signed agreement, I know this was not filled in by me. Please could someone tell me, what I should do next? Thank you for your time.
  • amersall
    amersall Posts: 17,037 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    123chase wrote: »
    I would really appreciate some advice on this please. I had a phone call from Fos yesterday, 1st assessment from the adjudicator, saying that they are not upholding it, as on the signed credit agreement, it states cost of PPI and optional nature. As I never saw an agreement and never applied for the card, I do not agree with this. The only reason they have a signature is because a chashier at Barclay's told me I needed to sign for my card, fraudulately obtained my signature, I thought I was getting a new debit card, I never knew I'd just applied for a Barclaycard and signed a credit agreement. I have asked for a copy of the signed agreement, I know this was not filled in by me. Please could someone tell me, what I should do next? Thank you for your time.
    It would be hard to prove you did not know what you were signing as you subsequently received a Barclaycard, when you realised PPI was on the card did you call Barclays to cancel this?, to be honest I do not know what you can do about this, unless you called Barclays or wrote a letter to cancel the PPI and can prove this.
  • 123chase
    123chase Posts: 41 Forumite
    amersall wrote: »
    It would be hard to prove you did not know what you were signing as you subsequently received a Barclaycard, when you realised PPI was on the card did you call Barclays to cancel this?, to be honest I do not know what you can do about this, unless you called Barclays or wrote a letter to cancel the PPI and can prove this.

    No never spoke to Braclays, this was in 2002, I was only 21, I never knew was PPI was, never had any conversations, or documentation. Thought this was a normal charge. Young and niave. Never realised what this was until I canceled in 2010 when was told what it was by a financial advisor.
  • 123chase
    123chase Posts: 41 Forumite
    If this was just the 1st assessment with the adjudicator, can I then take it to the ombudsman? There may be something on the credit agreement that I may be able to use, as I never filled it out, they would have had to guess a lot of the information from my Barclays account, maybe there might be some errors in this, to prove that I never filled it out, and that they only obtained my signature.

    Is an ombudsman likely to overturn an adjudicators decision?
  • 1st Assessment, this suggest that maybe they need you to come back with further evidence to support your claim. Have you told them, what you have told us?

    AMD
    Debt Free!!!
  • 123chase
    123chase Posts: 41 Forumite
    1st Assessment, this suggest that maybe they need you to come back with further evidence to support your claim. Have you told them, what you have told us?

    AMD

    Yes, I put all this in a letter to them, with my questonnaire, I also told them this on the phone yesterday. Its very difficult to proove though, Im hoping there will be something on the credit agreement, like incorrect details, or something, that may be used as evidence. It istn't in my writting, as it was filled in by the cashier at Barclay's but how do i provide any further evidence?
  • -taff
    -taff Posts: 15,387 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It doesn't matter that you didn't fill it out, you signed it.
    And as Amersall says, you'll haver a hard time proving you didn't know the difference between a credit card and a debit card especially if you used it, and then paid it back monthly out of your current account
    Non me fac calcitrare tuum culi
  • 123chase
    123chase Posts: 41 Forumite
    -taff wrote: »
    It doesn't matter that you didn't fill it out, you signed it.
    And as Amersall says, you'll haver a hard time proving you didn't know the difference between a credit card and a debit card especially if you used it, and then paid it back monthly out of your current account

    I didnt know that my signature was going on a credit card application. I was told "to sign for my card" so I signed, didnt know what I was signing for, I asumed it was a new debit card. I knew when I received a Barclaycard, that it was a credit card, and that, the form I signed must have been for the credit card. I did however accept that I'd got a credit card and used it, PPI was automatically attached to this, I didn't know what it was, assumed it was a normal fee. Never had a copy of the aggreement, didnt know any terms and conditions. Stupid, I know, I shouldn't sign anything without knowing what I signing, but was young and niave, Barclays took advantage. Dont get me wrong, I accept full responsibilty for spending on the card, but not fo having the ppi.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    123chase wrote: »
    It istn't in my writting, as it was filled in by the cashier at Barclay's
    123chase wrote: »
    I. Never had a copy of the aggreement, didnt know any terms and conditions.

    How do you know the agreement was filled in by a cashier if you don't have a copy?


    Regardless, I can't see any success with this line of complaint. You cannot provide any evidence for your allegations. Being "young and naive" is not a valid complaint either.
    It'll be with FOS for quite some time yet...
  • 123chase
    123chase Posts: 41 Forumite
    How do you know the agreement was filled in by a cashier if you don't have a copy?


    Regardless, I can't see any success with this line of complaint. You cannot provide any evidence for your allegations. Being "young and naive" is not a valid complaint either.
    It'll be with FOS for quite some time yet...

    Thank you for your comment, I am currently waiting for a letter from Fos, they also sending me a copy of the agreement. I was only asuming that the cashier had filled it in, all speculation, all I know is, that I didn't. Hopefully these will shed some light on the situation. I don't see this going much further, I will not be able to proove that i didnt know what I was signing.
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