Barclaycard claim from 93 - advice please
hopewer
Posts: 14 Forumite
Hi,
I spent most of the day reading the threads re a potential claim for PPI misselling on my (now) wife's Barclaycard.It shows on her statements from 93- 99.
She has all the original statements, plus some renewal letters but can't remember for sure how she took it out - she *thinks* a phone conversation. I think the pertinent info with regards to misselling is that, She was employed by a national employer and all employees got 6 months full pay and 6 months half pay if sick and unable to work.
So questions..
1/ Do you agree this seems a fairly open a shut/case ? I asked her why she took it, and she said it would have been worried about the payments with it being her first credit card. I think they should have asked her about work coverage, and assured her it wasn't needed if acting responsibly.
2/ Do I need to scan all the statements and attach to a claim, since they pre-date the 6 year rule and they could claim to have no info I suppose (80 pages)
3/ Do I need to work out what I think is owed using one of the complex spreadsheets or do they normally get it close enough if I don't give them a expected figure ?
4/ Does it matter that she can't remember how it was sold exactly, and how explicit should we be in this regards. Even if they have a form ticked to say include it (and I don't know what they have) does it matter if it wasn't appropriate which it clearly wasn't.
5/ I know the terms of the 12 months sick pay are correct, but neither of our contracts explictly state it (I worked for them as well)- They say see central personel handbook. I can probably get proof from the employer, but it will be a hassle, if they are not going to ask. (Given they are well known employer and they must have seen lots of claims stating the same thing.)
6/ For the 6 months before the card finished (1999), it looks like she was charged £16/month for "card protection (Sentinal)", which I've not had chance to read the reclaim procedure for - would I include this ?
7/ Any reason not to use the Barclaycard website rather then Resolver or letter ?
8/ If they reject it will she be able to take it to the ombudsman (confused by the 6 year rule)
Think the actual payments for about £750 so I'm guessing with interest nearer 2.5 K
Many thanks (sorry for the long post)
Rob.
I spent most of the day reading the threads re a potential claim for PPI misselling on my (now) wife's Barclaycard.It shows on her statements from 93- 99.
She has all the original statements, plus some renewal letters but can't remember for sure how she took it out - she *thinks* a phone conversation. I think the pertinent info with regards to misselling is that, She was employed by a national employer and all employees got 6 months full pay and 6 months half pay if sick and unable to work.
So questions..
1/ Do you agree this seems a fairly open a shut/case ? I asked her why she took it, and she said it would have been worried about the payments with it being her first credit card. I think they should have asked her about work coverage, and assured her it wasn't needed if acting responsibly.
2/ Do I need to scan all the statements and attach to a claim, since they pre-date the 6 year rule and they could claim to have no info I suppose (80 pages)
3/ Do I need to work out what I think is owed using one of the complex spreadsheets or do they normally get it close enough if I don't give them a expected figure ?
4/ Does it matter that she can't remember how it was sold exactly, and how explicit should we be in this regards. Even if they have a form ticked to say include it (and I don't know what they have) does it matter if it wasn't appropriate which it clearly wasn't.
5/ I know the terms of the 12 months sick pay are correct, but neither of our contracts explictly state it (I worked for them as well)- They say see central personel handbook. I can probably get proof from the employer, but it will be a hassle, if they are not going to ask. (Given they are well known employer and they must have seen lots of claims stating the same thing.)
6/ For the 6 months before the card finished (1999), it looks like she was charged £16/month for "card protection (Sentinal)", which I've not had chance to read the reclaim procedure for - would I include this ?
7/ Any reason not to use the Barclaycard website rather then Resolver or letter ?
8/ If they reject it will she be able to take it to the ombudsman (confused by the 6 year rule)
Think the actual payments for about £750 so I'm guessing with interest nearer 2.5 K
Many thanks (sorry for the long post)
Rob.
0
Comments
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Hi,
I spent most of the day reading the threads re a potential claim for PPI misselling on my (now) wife's Barclaycard.It shows on her statements from 93- 99.
She has all the original statements, plus some renewal letters but can't remember for sure how she took it out - she *thinks* a phone conversation. I think the pertinent info with regards to misselling is that, She was employed by a national employer and all employees got 6 months full pay and 6 months half pay if sick and unable to work.
So questions..
1/ Do you agree this seems a fairly open a shut/case ? I asked her why she took it, and she said it would have been worried about the payments with it being her first credit card. I think they should have asked her about work coverage, and assured her it wasn't needed if acting responsibly.
Not true unfortunately, for non-advised sales they don't need to check this. The benefits can work in her favour of course but not relevant to the sale unless it was advised2/ Do I need to scan all the statements and attach to a claim, since they pre-date the 6 year rule and they could claim to have no info I suppose (80 pages)
No if they have the copies, they won't need your copies. If they don't then yes you can send them the copies to work out the sums3/ Do I need to work out what I think is owed using one of the complex spreadsheets or do they normally get it close enough if I don't give them a expected figure ?
No, the refund process is defined, premiums, 8% simple interest and sometimes other interest such as if the premiums incurred interest. You both have the same figures, they will not "short change" you as it's not worth a fine from the regulator.4/ Does it matter that she can't remember how it was sold exactly, and how explicit should we be in this regards. Even if they have a form ticked to say include it (and I don't know what they have) does it matter if it wasn't appropriate which it clearly wasn't.
If she ticked the box to say she wanted it, it counts against her, pretending she didn't or not mentioning the form won't help her case if the bank still have records. The wording on the form may even help her case if it's considered financial advice5/ I know the terms of the 12 months sick pay are correct, but neither of our contracts explictly state it (I worked for them as well)- They say see central personel handbook. I can probably get proof from the employer, but it will be a hassle, if they are not going to ask. (Given they are well known employer and they must have seen lots of claims stating the same thing.)
If you make the claim, be prepared to support it6/ For the 6 months before the card finished (1999), it looks like she was charged £16/month for "card protection (Sentinal)", which I've not had chance to read the reclaim procedure for - would I include this ?
Sentinel is not PPI, it's a different product
https://www.moneysavingexpert.com/credit-cards/Sentinel-Affinion-card-protection7/ Any reason not to use the Barclaycard website rather then Resolver or letter ?
No, go direct, avoid any third party products. Resolver harvests your data to sell to other firms to help claims handling (they are made anonymous but I don't see the need to give anyone but the bank your details8/ If they reject it will she be able to take it to the ombudsman (confused by the 6 year rule)
Think the actual payments for about £750 so I'm guessing with interest nearer 2.5 K
Many thanks (sorry for the long post)
Rob.
6 year rule is 6 years from taking the account i.e. 1993 (or before) so clearly applies
3 year rule is 3 years from having a reasonable knowledge of a reason for complaint (this includes shutting the account) so may apply0 -
Thanks for the response.
She didn't know she had it, or at least understand what it was until the other day so think I could argue we are in the 3 years.
I could really do with knowing what they have/the truth of whether it is a valid claim before deciding which way to play it, but I notice SAR forms requests in some cases just result a bland response with a couple of standard brochures.
Any thoughts on the best way to play it, I'm thinking just say didn't understand what it was, that the charge on the statement was assumed to be a mandatory charge, and unneccessary since she already had alternative cover, which I think is essentially the truth. Any final thoughts ?
Thanks.
Rob.0 -
Thanks for the response.
She didn't know she had it, or at least understand what it was until the other day so think I could argue we are in the 3 years.
Doesn't work like that, you can't just pick a date out of the blue and start the clock. Closing the account counts if the bank wishes to apply it. PPI would be on every statement, she cannot claim she didn't know about itI could really do with knowing what they have/the truth of whether it is a valid claim before deciding which way to play it, but I notice SAR forms requests in some cases just result a bland response with a couple of standard brochures.
The banks send all the records they hold on you, if it's nothing or limited, that's what you get. The Data Protection Act says to get ride of data that is no longer needed - 6 years after account closure is common, perhaps less so now because of PPIAny thoughts on the best way to play it, I'm thinking just say didn't understand what it was, that the charge on the statement was assumed to be a mandatory charge, and unneccessary since she already had alternative cover, which I think is essentially the truth. Any final thoughts ?
Thanks.
Rob.
Be honest, any lies will be found out. Saying you din't understand is fine but it's not a miss-sale reason, if I have a charge on my card I don't recognise or don't understand I complain then and there, not 18 years later during the PPI complaint avalanche - smacks of try it on.
Stick to the basics with provable facts - good cover from work, policy wasn't needed etc. With a solid case and honesty you will probably win a refund unless they argue the time bar applies0 -
Thank you, for taking the time to reply.
Rob.0
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