Barclaycard Historical PPI Claim Resulting in a CCJ!

lady_grey21

Buckle up everyone!
I need some help & advice please before I totally lose the will to live!
Ok, so in a nutshell I received notification in the middle of June from Credit Karma that a CCJ had been applied to my credit profile. Initially I thought that it was an error, but on further investigation I found out that the CCJ had been applied by The Consumer Refund Service for an unpaid invoice for compensation recovered for mis-sold PPI by Barclaycard in 2020.
Because the invoice was sent to my previous address in early 2020 along with the supposed cheque from Barclaycard, I didn’t receive either. I’d moved six months earlier - by which time my mail redirection service had ended.
I have had the same email addresses & mobile number for years, but heard nothing from either party, so to the best of my knowledge only had the one communication - I’ve only just seen written confirmation of the compensation from Barclaycard via the Consumer Refund service in the last month.
So I’ve been blissfully unaware of the financial tsunami that has been building momentum over the last few years.
Needless to say that my credit rating is shot to bits - it was once excellent.
I’ve made about twenty calls, sent various emails to a number of organisations to try & rectify this.
In order for the CCJ to be lifted, the Consumer Refund Service required payment of £1700+ or written confirmation from Barclaycard that they had made a mistake & that I was not actually entitled to PPI compensation.
Has anyone tried contacting Barclaycard for this kind of matter?
I have - the advisors seem hell bent on protecting Barclaycard & are not interested in helping at all, so much so that they provided me with two telephone numbers that are no longer in service & an email address that nobody replies to. Every time I’ve called they cannot find my details.
After weeks of attempting to sort this out I reverted to preparing a pack to send off to Barclaycard including a letter detailing everything including dates, copies of letters & emails - basically everything that I thought that they would need to remedy this situation. I sent it tracked & signed for & they have received it. I asked for acknowledgment of receipt & have heard nothing.
That was two weeks ago.
I asked them to resolve the situation within 28 days, before I go to the Financial Ombudsman & FCA. 
In the meantime my bank has reduced my credit limit on my card drastically & I am at a loss as to how to solve this. I know that I could pay the CCJ, but this was created through no fault of my own - I didn’t have the opportunity to pay & I certainly haven’t benefitted from a PPI compensation pay out.
Every which way I turn I’ve come to a dead end. 
Any suggestions? I’ve thought about contacting my local MP next…I feel so helpless.

dunstonh

I asked them to resolve the situation within 28 days, before I go to the Financial Ombudsman & FCA. 

You don't have the right to access the FOS at this time.   First you have to raise a complaint with Barclaycard.  Then wait for their final response or 8 weeks before you can go to the FOS.

The FCA do not handle consumer complaints.

In the meantime my bank has reduced my credit limit on my card drastically & I am at a loss as to how to solve this. I know that I could pay the CCJ, but this was created through no fault of my own - I didn’t have the opportunity to pay & I certainly haven’t benefitted from a PPI compensation pay out.

You are partly responsible.  You failed to notify the claims company of your change of address.  You also failed to notify Barclaycard.

Voyager2002

Look at the website for HM Courts Service and consider applying to set judgement aside. You should have been informed of the court appointment and had the opportunity to present your case to the court. 

DullGreyGuy

Voyager2002 said:

Look at the website for HM Courts Service and consider applying to set judgement aside. You should have been informed of the court appointment and had the opportunity to present your case to the court. 

But to have the judgement set aside you have to prove you have reasonable prospects of winning the retrial. It sounds like the OP did owe the money so prospects are slim. 

1) Why didnt you let your representatives know about your change of address?

2) Why did you only do a 6 month redirect?


You can pay to try and have the case set aside but it doesn't sound like you have good prospects. I think getting Barclays to say they paid out on a claim that had no merit really is a non-starter

peteuk

So in a nutshell you asked someone to look at a PPI claim for which they charge for their service.  You won???? So got a claim and of that claim should have paid £1700+ to the claim company.

Youve moved and not notified them, you would have received notification before the 6 months in which you remained at the address.  The CCJ would be on the address provided at the time.  

It’s now 4 years or so later and you want to set aside the CCJ? Or are you disputing the whole payment?

As dull grey guy says, non starter sorry.

lady_grey21

dunstonh said:

I asked them to resolve the situation within 28 days, before I go to the Financial Ombudsman & FCA. 

You don't have the right to access the FOS at this time.   First you have to raise a complaint with Barclaycard.  Then wait for their final response or 8 weeks before you can go to the FOS.

The FCA do not handle consumer complaints.

In the meantime my bank has reduced my credit limit on my card drastically & I am at a loss as to how to solve this. I know that I could pay the CCJ, but this was created through no fault of my own - I didn’t have the opportunity to pay & I certainly haven’t benefitted from a PPI compensation pay out.

You are partly responsible.  You failed to notify the claims company of your change of address.  You also failed to notify Barclaycard.

According to the Barclaycard website, once you have submitted a complaint you are supposed to receive acknowledgement within five working days along with a unique reference number. I have not received anything.

All of this happened a few years ago but I do recall receiving letters from the Consumer Refund Service saying that they hadn’t been successful with their investigations. I didn’t notify Barclaycard of my change of address because I didn’t have an account with them at the time - I hadn’t had an account for over a decade.

lady_grey21

DullGreyGuy said:

Voyager2002 said:

Look at the website for HM Courts Service and consider applying to set judgement aside. You should have been informed of the court appointment and had the opportunity to present your case to the court. 

But to have the judgement set aside you have to prove you have reasonable prospects of winning the retrial. It sounds like the OP did owe the money so prospects are slim. 

1) Why didnt you let your representatives know about your change of address?

2) Why did you only do a 6 month redirect?


You can pay to try and have the case set aside but it doesn't sound like you have good prospects. I think getting Barclays to say they paid out on a claim that had no merit really is a non-starter

I’d received written notifications from the Consumer Refund Service to say that they hadn’t found any evidence of mis-sold PPI & thought that the whole matter had come to a conclusion.

Is a six month mail re-direction not sufficient? Based on the fact that 90% of all communications including all banking is paperless.

Not sure what you mean by getting Barclaycard ‘to say they paid out on a claim that had no merit really is a non-starter’. I now have a copy of the letter from Barclaycard confirming that I was eligible for compensation & confirming the amount.

lady_grey21

peteuk said:

So in a nutshell you asked someone to look at a PPI claim for which they charge for their service.  You won???? So got a claim and of that claim should have paid £1700+ to the claim company.

Youve moved and not notified them, you would have received notification before the 6 months in which you remained at the address.  The CCJ would be on the address provided at the time.  

It’s now 4 years or so later and you want to set aside the CCJ? Or are you disputing the whole payment?

As dull grey guy says, non starter sorry.

Something has got lost in translation here.
I didn’t know that I had won the mis-sold compensation until I had the CCJ applied to my profile in June this year.
I didn’t notify Barclaycard of my change of address because I didn’t hold an account with them at the time - it had been over a decade!  Additionally I had received a number of letters from the Consumer Refund service saying that they had not been successful with their investigations so assumed it was all done & dusted.
I’d be happy to pay the CCJ if I received the payment from Barclaycard. 

dunstonh

All of this happened a few years ago but I do recall receiving letters from the Consumer Refund Service saying that they hadn’t been successful with their investigations. I didn’t notify Barclaycard of my change of address because I didn’t have an account with them at the time - I hadn’t had an account for over a decade.

Have you still got those letters from CRS?     
The rules are that if the claims company has closed the case, your contract with them ends at that point.

If a CMC seeks fees from clients where the contract has concluded, this may be in breach of General Rule 1 which requires the CMC to conduct business with honesty and integrity. It may also be considered an act of fraud by false representation (Section 2, Fraud Act 2006). 

All CMCs have a statutory obligation to provide their services with reasonable care and skill. If a CMC fails to identify during the claims process that an offer made to their client is incorrect or otherwise inappropriate – and to advise the client of this – then it is likely that the CMC will have failed to comply with this obligation and therefore be in breach of contract.

Is a six month mail re-direction not sufficient? Based on the fact that 90% of all communications including all banking is paperless.

No. 12 months is sensible as it covers a full year.   Annual mailings or less frequent mailings are at risk of being missed if just 6 months.

lady_grey21

dunstonh said:

All of this happened a few years ago but I do recall receiving letters from the Consumer Refund Service saying that they hadn’t been successful with their investigations. I didn’t notify Barclaycard of my change of address because I didn’t have an account with them at the time - I hadn’t had an account for over a decade.

Have you still got those letters from CRS?     
The rules are that if the claims company has closed the case, your contract with them ends at that point.

If a CMC seeks fees from clients where the contract has concluded, this may be in breach of General Rule 1 which requires the CMC to conduct business with honesty and integrity. It may also be considered an act of fraud by false representation (Section 2, Fraud Act 2006). 

All CMCs have a statutory obligation to provide their services with reasonable care and skill. If a CMC fails to identify during the claims process that an offer made to their client is incorrect or otherwise inappropriate – and to advise the client of this – then it is likely that the CMC will have failed to comply with this obligation and therefore be in breach of contract.

Is a six month mail re-direction not sufficient? Based on the fact that 90% of all communications including all banking is paperless.

No. 12 months is sensible as it covers a full year.   Annual mailings or less frequent mailings are at risk of being missed if just 6 months.

I’m not entirely sure if I still have the letters, if I don’t I might ask for a ‘SAR’ from the CRS via the Information Commissioner’s Office & ask for a copy of all letters sent too. Whether I get anything from them or not remains to be seen but it’s worth a try if I’m unable to locate the letters.

Thanks for your assistance.

dunstonh

I’m not entirely sure if I still have the letters, if I don’t I might ask for a ‘SAR’ from the CRS via the Information Commissioner’s Office & ask for a copy of all letters sent too. 

You don't go to the ICO.    You send a "subject access request" to CRS.