BARCLAYCARD PPI claim rejected

Clarejar

Hi all I just want to say I am knew to all this I will just give a brief outline of what's happened.
Back in 2000 I opened a Barclaycard I had this for seven years I no longer had the account details but filled in the online Barclays PPI complaint form and they got back to me initially it was for more details which I gave them. two days ago I received a letter from them stating "they could not agree I was mis-sold ppi because they cant identify how the application for PPI was made so they have made the ASSUMPTION that at the point of applying they gave me all the advise needed.
This is completely untrue, I decided to do this alone and not through a claims company as advised on here but now I am wondering if I made the right decision ?
I have taken it to the ombudsman now.
I suppose my question is do I have any chance of success on my own ?
or any advise would be gratefully received
Thank you

dunstonh

This is completely untrue, I decided to do this alone and not through a claims company as advised on here but now I am wondering if I made the right decision ?

A claims company uses the same process you did The response would be no different.

if it is completely untrue then provide Barclaycard with a copy of your evidence that shows otherwise.

I suppose my question is do I have any chance of success on my own ?

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Claims companies have a lower success rate than individual complaints.

Nasqueron

Clarejar wrote: »

two days ago I received a letter from them stating "they could not agree I was mis-sold ppi because they cant identify how the application for PPI was made so they have made the ASSUMPTION that at the point of applying they gave me all the advise needed.
This is completely untrue,

any advise would be gratefully received

If it's untrue then provide your proof of this, remember the onus is on the accuser to prove the claim not for them to disprove it.

Clarejar

What evidence do you think I would have to prove such a thing ? give me an example because I cant think of anything that I could give them as evidence they have the application form not me.

Clarejar

would you know if I can get a copy of my original application form ?
They have it as they told me all the details date and numbers etc.

dunstonh

What evidence do you think I would have to prove such a thing ? give me an example because I cant think of anything that I could give them as evidence they have the application form not me.

I don't know what you would have. You havent given us the reasons for your complaint. So, its difficult to comment. However, you said their response was "completely" untrue. That would suggest you had evidence to the contrary.

would you know if I can get a copy of my original application form ?

Barclaycard have said they dont have it. So, the answer is likely to be no.

They have it as they told me all the details date and numbers etc.

That contradicts what you said earlier. You said in post #1 that they told you they cant identify how the application for PPI was made. If they had the application, they would not respond like that. They dont need the application form to know your account number and details.

If you dont believe them, then you can spend £10 and do a data subject access request with them.

[Deleted User]

Clarejar wrote: »

What evidence do you think I would have to prove such a thing ? give me an example because I cant think of anything that I could give them as evidence they have the application form not me.

They have said they don't have the application form. If you don't have a copy yourself from your own archive, it's impossible for you to refute their findings I'm afraid.

Refer your complaint to the Ombudsman if you wish, telling your story in your own words. You may still be successful...

magpiecottage

I appreciate that you are unhappy because the complaint has been rejected but if this is because of lack of evidence, then for a claims company to have been more successful it would need to have had evidence that was not available to you or Barclays.

For that to be so, it would need to have stolen it or made it up - because it is not in the public domain.

Nasqueron

Clarejar wrote: »

What evidence do you think I would have to prove such a thing ? give me an example because I cant think of anything that I could give them as evidence they have the application form not me.

You are claiming that their assumption that the sales technique was fine is wrong. So prove that - again, you are making the accusation of wrong doing so you provide the proof.

A recording of the conversation would be such an example.

I obviously don't expect you to have this, I am just explaining that the burden of proof is on the accuser, not the defendant - your complaint is known as hearsay and judgements in these sort of complaints is never done on hearsay when that is the only evidence.

Clarejar

What I meant was that in the beginning I had no records of the Barclaycard no numbers or dates etc., they informed me of all this information when then firstly phoned me the girl was very helpful and said she had found my application and told me the date in which I opened it and closed it etc. Funny how they only have certain information. I don't trust them and why should I banks are not honest or they wouldn't be in this position in the first place.
I would like other people to know that it is not as easy as what is written online to claim ppi if you no longer have your paperwork its nothing but a headache and I know now just a complete waste of time.
I understand and appreciate all the reply's thank you

-taff

Clarejar wrote: »

I would like other people to know that it is not as easy as what is written online to claim ppi if you no longer have your paperwork its nothing but a headache and I know now just a complete waste of time

You are not claiming anything, it is no one's right to have PPI back.

You are making a complaint, the complaint is that there was a flaw with the sale of the PPI. If your complaint was that they told you one thing, you say they told you another, that's totally unprovable.

If your complaint was that you didn't need the PPI because it would bever have paid out, you had savings to cover the money you borrowed, you were underage, self-employed [in some cases, not all], in the forces or a policeman, insurance that would cover you elsewhere, then those are provable complaint reasons.


I forgot to add - good sick pay, work benefits to provable complaint reasons.