Any ideas for PPI legal challenges?

edited 30 November -1 at 1:00AM in Reclaim Bank & Credit Card Charges
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chris_lucychris_lucy Forumite
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Hi all - I've been trying without success, to get a full reimbursement on PPI from Barclaycard, which would include interest from 1997 to 2003 and reimbursement of fees since the complaint was first filed in 2015. Ombudsman have done their bit and I have been offered a paltry amount which is a percentage of the PPI interest only. This small payout is because a 'tick box' on the original application, consenting to PPI (all fields are in someone else's handwriting), has been ticked. However, I have insisted from the very start that I never consented to any PPI nor would I have done for a £2000 limit credit card considering good health insurance in place, well-paid and secure job with low outgoings, family wealth and my own savings to back me up. My father first alerted me to PPI and when I questioned the payments in 2003 (long before PPI was considered an issue), the bank stopped the insurance. Knowing I would have called and written in to the bank about this issue back in 2003, I have requested DSAR info as this would very likely highlight my annoyance and confusion at the time as to why iPPI was on there in the fist place. Strangely, there are apparently no notes on the system and I have been informed that Barclays do not need to provide information going past six years.The even stranger thing is, they have already given me info including system notes going back to 1997, detailing information on phone calls, communications sent/received and complaints references along with notes – BUT, the references that correlate to the dates in question (June 2003), have not been provided, nor have any references of letters or notes in relation to my enquiry/complaint – leading me to believe Barclays are deliberately keeping this info back. I also have a couple of other instances where the bank have denied receiving communications etc. but bank advisers I've spoken with on the phone, have referenced their notes and confirmed to me otherwise. Clearly there's inter-departmental issues and maybe also something more underhand going on. So, what can I do? The ombudsman have pretty much washed their hands of this complaint and I fell so strongly about it, that I cannot continue to bank with Barclays and just want to clear up who owes what and leave them. Has anyone gone down a legal route directly with Barclays, to claim funds owed in cases like this, with any success? Judging by the research into similar cases of mis-selling, I'm sure others will have similar stories. Any advice or referrals most welcome!

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  • -taff-taff Forumite
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    You were lucky, as you knew about it and canceled it in 2003, they could have time barred your complaint. Let it go.
  • dunstonhdunstonh Forumite
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    This small payout is because a 'tick box' on the original application, consenting to PPI (all fields are in someone else's handwriting), has been ticked.

    The FOS either upholds a complaint or it rejects a complaint. It doesn't part uphold and order a part refund. So, what is the real reason it is a smaller "refund"? Is it a plevin payout?

    A form with someone else's handwriting is quite normal and not an issue.
    However, I have insisted from the very start that I never consented to any PPI nor would I have done for a £2000 limit credit card considering good health insurance in place, well-paid and secure job with low outgoings, family wealth and my own savings to back me up.

    That is all very well and good but there are several holes in your argument.
    1 - why did you not complain when you first started paying PPI?
    2 - You only pay PPI when you borrow on the card. If you had "wealth" and "savings" why did you have to borrow using such an expensive credit facility?
    My father first alerted me to PPI and when I questioned the payments in 2003 (long before PPI was considered an issue), the bank stopped the insurance.

    I'm surprised you havent been timebarred. They could probably have used the 3/6 year rule if they wanted. They may save the 15 years limitation for any legal action.
    Strangely, there are apparently no notes on the system and I have been informed that Barclays do not need to provide information going past six years.

    It was called the Data Protection Act. It required the destruction of records deemed no longer necessary after a suitable period. The regulator recommends 6 years with records like that.
    The even stranger thing is, they have already given me info including system notes going back to 1997,

    Not all records need to be destroyed. Some fragments get left behind. Some are maintained on purpose. Some have to be retained to give an audit trail.
    Has anyone gone down a legal route directly with Barclays, to claim funds owed in cases like this, with any success?

    You dont see many PPI legal cases. The regulated complaints process is free of charge, unlike the courts and the FOS is more consumer friendly than the courts. The courts will be looking for evidence and you have holes in your story. If you didnt succeed with the FOS, then how do you expect to win using a method that requires more evidence from you?

    Remember that there is nothing wrong with having PPI. So, you can't just say you have PPI and expect success. You have to present evidence of wrongdoing. All you appear to have is theories that could easily be explained away or are not an issue. You also have flaws in your position.

    I suspect a legal challenge would be countered stating limitation period.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • edited 16 October 2018 at 11:28AM
    -taff-taff Forumite
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    edited 16 October 2018 at 11:28AM
    Also, if you were dead set against it, why did you not notice it on 6 years of statements? You had 72 opportunities to do this.
    What 'fees' are you after from 2015?
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