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Barclaycard PPI
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woodsville
Posts: 10 Forumite
A friend of mine (genuinely... he is not very computer literate!) has recently made a PPI claim to Barclaycard. Here are the details.
Firstly, Barclays contacted him saying he may be owed PPI (completely separate to this), and when he called them, he found out that they were giving him £4,000. Because of this, he spoke with Barclaycard about 2/3 credit cards that he had 7/8 years ago.
They have said that they do not agree that PPI was mis-sold. My friend's claim was based on the fact that he never knew that he had PPI at the time, and couldn't remember being sold it. BC say that he applied in-branch, which means they would have given him advice on PPI at the time. This isn't true.
My own understanding of PPI was that the process for claiming it back was pretty simple, as people generally weren't made aware of what it was, and also didn't really need it. Therefore I was surprised to hear that he was having issues claiming this. However, I don't know an awful lot about it, so can't really advise him further.
Can anybody please offer any suggestions?
Thanks.
Firstly, Barclays contacted him saying he may be owed PPI (completely separate to this), and when he called them, he found out that they were giving him £4,000. Because of this, he spoke with Barclaycard about 2/3 credit cards that he had 7/8 years ago.
They have said that they do not agree that PPI was mis-sold. My friend's claim was based on the fact that he never knew that he had PPI at the time, and couldn't remember being sold it. BC say that he applied in-branch, which means they would have given him advice on PPI at the time. This isn't true.
My own understanding of PPI was that the process for claiming it back was pretty simple, as people generally weren't made aware of what it was, and also didn't really need it. Therefore I was surprised to hear that he was having issues claiming this. However, I don't know an awful lot about it, so can't really advise him further.
Can anybody please offer any suggestions?
Thanks.
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Comments
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You don't just claim it back. You make a complaint with your reasons for mis sale.
It seems that Barclaycard disagree with his complaint reasons.0 -
Okay fair enough. So he complained to them, citing that he was unaware of being sold PPI when he made his application. They claim that because he opened the cards in-branch, they would have told him about PPI. So yes, they do disagree with his complaint reasons. Could anybody offer any advice as to what he should do next?0
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He could escalate to FOS if he feels strongly about it. But the 'I didn't know I had it' complaint is weak, as it would have appeared on his statements every month.
He would also have signed the application stating that he had selected it.0 -
woodsville wrote: »Okay fair enough. So he complained to them, citing that he was unaware of being sold PPI when he made his application. They claim that because he opened the cards in-branch, they would have told him about PPI. So yes, they do disagree with his complaint reasons. Could anybody offer any advice as to what he should do next?
Remember you are proving miss-sale, not them proving you were not miss-sold. Moreover, unless you were in the bank at the time you cannot say anything about the conversation, only he can. If their sales process included telling him what PPI was then that is proof he was told about it (the FOS accepts sales scripts from the time) - but again you have to prove that conversation never happened.
As an aside, PPI is shown on every single credit card statement, to say he didn't know he had it simply means he didn't read his card statements which isn't a miss-sale reason either.
Your choice is thus to accept the verdict or ask the FOS to look at it (inside 6 months of the rejection)Sam Vimes' Boots Theory of Socioeconomic Unfairness:
People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.
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Firstly, It is not neccessarily a bad thing that your friend was sold PPI in branch, because that means there was a sales process to question. It is important for you to let them know that despite the way in which it was sold, the policy was not needed or wanted. If you had sufficient sick pay at the time (for example 6 Months Full + 6 Months Half) then let them know, this could prove that you could have paid your bills in other ways. If you were Self emplyed then you would not have been able to claim on the policy so again inform them of this. If you are unsure of what accounts you have PPI on, then try requesting a "PPI Information Request" or "PIR". Also let them know that the cancellation process was never explained and you did not know you could complain against this policy until recently. Try writing to them with these points put forward. To send it to the FOS with a high chance of winning you will need a copy of the first letter of complaint, the Final response letter from the Bank, Questionnaire and FOS Complaint Form.0
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Firstly, It is not neccessarily a bad thing that your friend was sold PPI in branch, because that means there was a sales process to question.
Unless the sales process qualified as "advised" then it's no different to a phone conversation etc and no proof will existIt is important for you to let them know that despite the way in which it was sold, the policy was not needed or wanted.
That is why they complainedIf you had sufficient sick pay at the time (for example 6 Months Full + 6 Months Half) then let them know, this could prove that you could have paid your bills in other ways.
Very few people outside of civil service staff have this. He will also have to prove thisIf you were Self emplyed then you would not have been able to claim on the policy so again inform them of this.
Giving yourself away as a CMC there repeating the myth about PPI not covering the self-employedIf you are unsure of what accounts you have PPI on, then try requesting a "PPI Information Request" or "PIR".
As opposed to just asking them?Also let them know that the cancellation process was never explained
Can you prove that? It'll certainly count against any complaint if the documentation explains thisand you did not know you could complain against this policy until recently.
Nobody could have missed the bajillion spam phone calls, texts, TV adverts etc about PPI complaintsTry writing to them with these points put forward.
The OP already did this, hence the whole complaint rejected post?To send it to the FOS with a high chance of winning you will need a copy of the first letter of complaint, the Final response letter from the Bank, Questionnaire and FOS Complaint Form.
No, to have a high chance of winning you need valid complaint reasons, proof of these and to not put in a load of claims company mythsSam Vimes' Boots Theory of Socioeconomic Unfairness:
People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.
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You are correct that no proof may exist on the sales process and again it is how you look at it. This could mean they have no proof to counter you complaint on the sales process. Secondly, they need to write it in a way in which it is clear to the bank exactly why they are complaining. Thirdly, I did not say he did have this I said "for example" and you could prove this using a writtent letter/email from your employer stating sick pay. Fourthly, Please don't assume my employment when I am giving advice for free, Self employed is a good point because it is hard for an insurer to determine how much you earn and therefor can in some instances (not all) make you exempt from claiming on the policy. Fifthly, Asking for a "PIR" is a more formal route but you are correct, you could just ask and go down a more casual route. If you WRITE a dated letter asking for info, they have 4 weeks to respond. Sixthly, the complainer may not be able to prove if the cancellation was explained but can the bank? if not then they can't refuse your complaint point. Seventhly, You can actually say that you have avoided all the "spam emails" and advice on TV, Can they prove otherwise? stating you didn't know till now makes it hard for the banks to throw a three and six year rule at you and time bar you. Lastly and I mean Lastly, You would need all this documentation for the FOS to make it easier for them to process your complaint. The more evidence and information you send to them the easier it is. So please stop insinuating peoples employment and regarding all general and public knowledge/facts as myths.0
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You are correct that no proof may exist on the sales process and again it is how you look at it. This could mean they have no proof to counter you complaint on the sales process.
Claims company myth one
-YOU prove miss-sale, they do not have to disprove it, that's how the system worksSecondly, they need to write it in a way in which it is clear to the bank exactly why they are complaining.
They already complained, a customer can't just keep changing their story - they have already been rejected anywayThirdly, I did not say he did have this I said "for example" and you could prove this using a writtent letter/email from your employer stating sick pay.
Least you got that one right, you have to prove your claims. Work benefits are rarely better than SSP, it's like how people wrongly believe they are guaranteed redundancy pay etcFourthly, Please don't assume my employment when I am giving advice for free,
You said in a previous post you work for a CMC :rotfl:Self employed is a good point because it is hard for an insurer to determine how much you earn and therefor can in some instances (not all) make you exempt from claiming on the policy.
Claims company myth two - the FOS rule against self-employed cases where there are onerous conditions such as dissolving the business (they publish this on their website). If you are self employed you do your tax returns and accounts so you know how much you earn.Fifthly, Asking for a "PIR" is a more formal route but you are correct, you could just ask and go down a more casual route.
Why use some rarely used internal term (a term not mentioned on this board in 4-5 years of PPI complaints) when you can simply ring and ask them?If you WRITE a dated letter asking for info, they have 4 weeks to respond.
No idea about that. A DSAR has to be done in 30 days.Sixthly, the complainer may not be able to prove if the cancellation was explained but can the bank? if not then they can't refuse your complaint point.
You can see why the CMC industry is so bad when you keep making basic mistakes like this. Again the bank do not need to disprove anything and absolutely can refuse the point - you are making the accusation, you must prove this. The bank can simply show a copy of their terms and conditions from the time and/or sales process and the FOS deem this is correctSeventhly, You can actually say that you have avoided all the "spam emails" and advice on TV, Can they prove otherwise?
Again wrong way around - you are proving this not them disproving.stating you didn't know till now makes it hard for the banks to throw a three and six year rule at you and time bar you.
This is simply wrong, full stop. The 6 year rule is 6 years from taking out the policy. Period. The 3 year rule can be invoked by a CCL from the bank or a cancellation of the policy amongst other things. You cannot just pretend not to know about the PPI complaints process and somehow bypass the 3 year rule.Lastly and I mean Lastly, You would need all this documentation for the FOS to make it easier for them to process your complaint. The more evidence and information you send to them the easier it is. So please stop insinuating peoples employment and regarding all general and public knowledge/facts as myths.
The FOS can request these documents from the bank including any evidence the customer submitted
All you have done is repeat myths and obvious nonsense I'm guessing was in your 30 minute "training" at the CMC involving how to repeat myths, misunderstandings and flat out sillyness.Sam Vimes' Boots Theory of Socioeconomic Unfairness:
People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.
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Please don't assume my employment when I am giving advice for free,
Your employment [ which you've already said is a CMC] has no bearing on the validity of your 'free' advice.If you WRITE a dated letter asking for info, they have 4 weeks to respond.
If you send a SAR and £10 they have 40 days to respond, not 4 weeks.Sixthly, the complainer may not be able to prove if the cancellation was explained but can the bank? if not then they can't refuse your complaint point.
Well, I believe the literature supplied would advice the cooling off period, so yes, the bank will very easily be able to explain this.Seventhly, You can actually say that you have avoided all the "spam emails" and advice on TV, Can they prove otherwise? stating you didn't know till now makes it hard for the banks to throw a three and six year rule at you and time bar you.
If they've previosuly written and properly time barred it it doesn't matter a monkeys @rse whether they say this or not.Lastly and I mean Lastly, You would need all this documentation for the FOS to make it easier for them to process your complaint..
You only need a copy of the rejection letter, and your complaint letter or reasons [if you phoned]So please stop insinuating peoples employment and regarding all general and public knowledge/facts as myths.I work for a CMC and this is the advice I would give our clients.
You forgot you wrote this then?Non me fac calcitrare tuum culi0
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