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Barclays PPI claim rejected

risca_boy
Posts: 3 Newbie
My wife made 3 PPI claims, before the deadline, against Barclays for loans she took out. One was from Nov 2002 - May 2003, another from May 2003 to May 2008. She has received refunds for these two.
The other claim though has been rejected as she didn't complain within the time period advised. This loan was taken out in November 2008.
They say '6 years has passed from date when sold PPI' and '3 years have passed from date of when she became or ought to have become aware of cause for complaint'. They say they wrote about the PPI policy in Sept and Nov 2013, but we never had the letters. As they say this was more than 3 years ago the claim has been dismissed.
They have refunded the PPI commission plus interest, minus tax, but not PPI premium payments.
Does this seem correct, as looking at the dates of the other loans they surely would fall into the same category?
Thanks
The other claim though has been rejected as she didn't complain within the time period advised. This loan was taken out in November 2008.
They say '6 years has passed from date when sold PPI' and '3 years have passed from date of when she became or ought to have become aware of cause for complaint'. They say they wrote about the PPI policy in Sept and Nov 2013, but we never had the letters. As they say this was more than 3 years ago the claim has been dismissed.
They have refunded the PPI commission plus interest, minus tax, but not PPI premium payments.
Does this seem correct, as looking at the dates of the other loans they surely would fall into the same category?
Thanks
0
Comments
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I think it's worth challenging it with Barclays before going to the Ombudsman.
Barclay's told me I had time-barred myself by cancelling my PPI payment some years ago but not making a complaint about it at the time.
I challenged it with them - literally just phoned up and said I don't think that sounds right or fair - and they reversed their decision and paid.
It certainly can't hurt. (You may find some on this forum may advise that you won't get anywhere with that approach, but it worked for me, and it costs you nothing).0 -
Them having proof of the letters being sent is sufficient evidence. You can challenge them all you like, if they were sent to the right place and they were either ignored, didn’t arrive or anything else, then thanks for playing but it’s game over - the FCA time bar applies.
The 6 years bit is a bit of an anomaly.helpful tips
it's spelt d-e-f-i-n-i-t-e-l-y
there - 'in or at that place'
their - 'owned by them'
they're - 'they are'
it's bought not brought (i just bought my chicken a suit from that new shop for £6.34)0 -
They say '6 years has passed from date when sold PPI' and '3 years have passed from date of when she became or ought to have become aware of cause for complaint'. They say they wrote about the PPI policy in Sept and Nov 2013, but we never had the letters. As they say this was more than 3 years ago the claim has been dismissed.
That is correct. The 3 & 6 year timebar rules have existed for 30 years. The requirements appear to have been met to allow them to timebar (based on what you have said).as looking at the dates of the other loans they surely would fall into the same category?
Not if they didnt issue the CCL on those others loans. For PPI timebarring to apply, a CCL must have been issued. CCLs were something a number of lenders started to do but aborted. So, not every PPI type got covered.0 -
Thanks for the great advice, it appears we've missed the boat on that one particular loan then. I have asked for copies of the letters as I'm sure we wouldn't have ignored them, I'll just see what reply I get.0
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I have asked for copies of the letters
Proof of postage is accepted by FOS as proof of delivery.Gonna-be-debt-free wrote: »You may find some on this forum may advise that you won't get anywhere with that approach, but it worked for me
You didn't receive a letter (CCL) though, so the circumstance of the time bar the Bank attempted to impose on you is entirely different to the OP's situation...0 -
Moneyineptitude wrote: »Rather a pointless exercise as the Bank only need to show that they sent the the letter to the correct address .0
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On the balance of probability, yes they didhelpful tips
it's spelt d-e-f-i-n-i-t-e-l-y
there - 'in or at that place'
their - 'owned by them'
they're - 'they are'
it's bought not brought (i just bought my chicken a suit from that new shop for £6.34)0 -
Moneyineptitude wrote: »You didn't receive a letter (CCL) though, so the circumstance of the time bar the Bank attempted to impose on you is entirely different to the OP's situation...
True. Each case is different. I would still contact them though, if it were me. All it took me was a quick phone call and then I was £11k+ better off. How could it hurt?0 -
Gonna-be-debt-free wrote: »All it took me was a quick phone call and then I was £11k+ better off. How could it hurt?
Certainly the Ombudsman will adjudicate if requested, but the point is that the Ombudsman Service has no power to overrule a correctly applied time-bar.0
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