Barclaycard PPI and CMC

SonOf · 25 November 2019 at 5:15PM

Can I go back to Barclaycard and complain that they have contacted CMC with out any new authority to do so? I don't see how Barclaycard have any future right to inform the CMC of any claim amount I maybe due.

The bank have done nothing wrong. You didnt revoke the permission. So, it stayed in place. The permission and the contract are two different things.

I don't see how Barclaycard have any future right to inform the CMC of any claim amount I maybe due.

They had a letter of authority from you giving permission and did not have a letter from you revoking permission.

Penny68 · 29 November 2019 at 4:41PM

Hi guys, good news, my claim was upheld and I received a cheque yesterday!

However, the CMC have been ringing persistently and sending text messages saying I have good news. They even contacted my ex partner yesterday!!! We had put in individual claims together but none of the accounts were joint

So today, not surprised, I get an email...

Dear Penny,

Congratulations!

Your claim against Barclaycard has resulted in compensation.

We're delighted to have helped you win back what is rightfully yours, and to have given you peace of mind when it comes to PPI.

Please call us on 01489 660300 so we can:

Explain the breakdown of your offer
Explain what happens next
Make sure your money reaches you as swiftly as possible

I look forward to speaking to you soon.

Kinds regards,
The Fair Trade Practice

I assume the invoice will be hitting my doormat imminently. So, as previously explained, I have not heard a dicky bird from the CMC since December 2015. They closed the case for Barclaycard back in the summer of that year.

How do I now raise my complaint. Am I complaining that they didn't follow up my case properly back in the day or is it just that the claim is closed, its been over 6 months and they haven't been actively working on my behalf for the last 4 years?

Any assistance with wording my complaint would be great.

Many thanks in advance

[Deleted User] · 29 November 2019 at 4:52PM

You just tell them it's closed.

No point in complaining that they didn't do any work, as it's not the job of claims company to do any work. It would give them a good laugh though.

SonOf · 29 November 2019 at 5:37PM

You are probably going to have to end up complaining about the CMC and probably go to the FOS when the CMC reject it (although other similar threads have seen some CMCs withdraw their bill when the complaint has been received).

Wait until the CMC bill you. Then you complain. Not about the work but the fact that they closed the claim years ago and had no contact with you since and that the contact with them ended when the CMC said the claim was closed.
See page 2 - additional client fees
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/342291/Claims-management-regulation-business-bulletin-Aug-2014.pdf

Penny68 · 12 February 2020 at 8:51PM

Hi i am back! My complaint to the CMC was not upheld and they are sorry that i thought the case was closed! The offered to reduce the bill from 30% to 24% of which I am sure is the new fee structure anyway. My last correspondence from them back in 2015 with an update listed all my cases including this one which clearly states case closed.
I am now going to the FoS as previously adviced but unsure what or how I need to do this. Do I include all recent correspondence along with the email stating case closed? Any help, as always, is greatly appreciated.

Many thanks
Penny

SonOf · 12 February 2020 at 9:22PM

Just repeat everything to the FOS again and supply copies of things, where applicable. Make the point that it was originally made in 2015 and failed and the complaint closed. However, Barclaycard found something on a different account in 2019 and that had nothing to do with what the claims company did 5 years earlier. Make the point that original complaint raised by the CMC was rejected and closed and this is something different. The CMC never raised a complaint on the other account yet they are trying to claim money as if they did.

Penny68 · 18 May 2020 at 11:11AM

Hi
I am back!. My claim has been rejected by the FOS!

So based on this:

“You previously contacted the Fair Trade Practice to act on your behalf regarding Payment Protection Insurance (PPI) and a request was submitted asking us to check our records for any PPI policies in your name.

Our records show that you have other cards linked to this one. The card numbers for these linked cards have been included in our investigation.

As part of our continuous improvement activity within PPI, we have identified that in a small proportion of enquiries we gave inaccurate responses. I am sorry to inform you this meant that you received an incorrect response for your Barclaycard Visa advising we were unable to find a PPI policy. Following a further review I have now identified that there was a PPI policy on this account with the start date of 25 September 1995 and I have raised a complaint on your behalf”

The FOS claim:

I feel it’s important for me to refer to these letters as it shows that Barclaycard, not FTP, made a mistake. And that FTP were the ones who raised the initial enquiry with them.

Both of these letters were also sent to FTP at the same time. This was because FTP were your representatives in 2015 and had Barclaycard not made an error, FTP would have been successful then.

Do I have any claim, can I ask them to look again. I did forward on an email which stated the claim had been closed, but the FOS didn't list that in their evidence. Can I claim for maybe an unreasonable amount? As I have said before, Barclaycard contacted me through a tracing service, not FTP, and I completed all the claim and received the refund before FTP contact me with 'We have good news'

Many thanks for any help with this.

Penny

dunstonh · 18 May 2020 at 11:53AM

If that is the adjudicator decision, then you have the right to appeal that decision for an ombudsman to look at it.

Claims companies are not meant to put complaints in unless there is merit in your complaint. That is a regulatory requirement. So, if the claims company accepted that there was no PPI then it means they were wrong to put a complaint in, to begin with (as they hadnt checked you had it first, let alone if it was missold). Or if they knew there was PPI and felt it was missold, they should have followed it up with Barclays and not accepted their first response. Indeed the closed the case and your contract with them ended. So, either way, the claims company failed in its duty. If you decide to appeal to an ombudsman, you should emphasise this.

This response suggests a change in position as when regulated under the legal system, the contract and letter of authority were deemed to have ended 6 months after rejection.

Penny68 · 8 June 2020 at 3:30PM

Hiya
Just to let you know that the ombudsman still sided with the CMC.
I paid.
Many thanks for all your help

dunstonh · 8 June 2020 at 4:58PM

That is really sad and a change in position between regulators. The Ministry of Justice, when they covered CMCs took a different view.

It was always worth a try though as other companies have backed down. Sadly, there is a good chance that many will see this FOS outcome and change their stance in future.

Barclaycard PPI and CMC

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