Barclaycard PPI - advice please

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Monty70
Monty70 Posts: 1 Newbie
in Reclaim PPI & other insurance
Hi all,

Would really welcome some advice from anyone that is able to give us some help on the following;

My wife up until 2012 had a Barclaycard which is when she paid off the balance which was a fairly large amount, during the time she had the card approximately 10 years she was paying the following;
1) For any products she brought using the card
2) Interest on these products if the balance wasn't cleared each month
3) Lastly a payment which varied each month and was percentage of the remaining overall balance.

My thinking was that this was a type of PPI, not sure if this is correct? Finally managed to persuade my wife to put a claim into Barclaycard which she did in February this year however it came back from Barclays that there records did not show that she had any PPI and as a result the claim would go no further. We did again complain last May with the same outcome, so after reading advice on this website I forwarded a complaint to the Financial Ombudsman Service who were very helpful unfortunately it appears that the complaint to them was just over six months from the original decision and Barclays would not let them look into my wife's case.

This is where we are after a bit of advice does this mean that we have missed the boat and there are no other options open to us?

Obviously any help or suggestions would be really welcome!!

Many thanks
Kev
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Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    Yes, you've missed the window to escalate the complaint.
  • Gerard_Saunders
    Gerard_Saunders Posts: 7 Forumite
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    Our position is similar. We wrote to Barclays late last year re. PPI my wife paid on a loan. They wrote last December saying there was no PPI, but as we knew there was, we wrote to them again in March, (no reply) then June asking for copies of documents they relied upon in their rejection.

    They basically sent us nothing but the original letter from December again, (In June), at which point we went to the ombudsman, who told us we were out of the six month period.

    However, we were only three months after our last letter from Barclays, but the ombudsman is treating the December letter as the final one. This seems grossly unfair, as we are basically being penalised for trying to sort things with Barclays, and most importantly asking them for copies of information they had relied upon, before going to the ombudsman. Thank you for any view on this.
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    It's the same situation. See post 2.
  • Gerard_Saunders
    Gerard_Saunders Posts: 7 Forumite
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    I believe the situation is different. We replied in March to Barclay's letter of December, asking for copies of their paperwork. They ignored this letter so we wrote again in June, at which point they simply sent us a further copy of their rejection letter from December, with no other documentation. Our approach to the FOS was made three months later.
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    Unfortunately, the FOS won't share your view.

    They would have reviewed your complaint, and Barclaycard's evidence if you had contacted them.
  • Gerard_Saunders
    Gerard_Saunders Posts: 7 Forumite
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    The trouble is, Barclays have not provided any evidence, in spite of three requests now. Our request was a reasonable one, as they must have relied on something to reject our claim, so let us see it.

    We will most likely issue a court claim now, in the hope that their lawyers acknowledge that they have not acted reasonably.
  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
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    Gerard_Saunders wrote: »
    The trouble is, Barclays have not provided any evidence, in spite of three requests now. Our request was a reasonable one, as they must have relied on something to reject our claim, so let us see it.

    We will most likely issue a court claim now, in the hope that their lawyers acknowledge that they have not acted reasonably.

    The reasonableness of your request is not relevant, the date of the deadlock letter is. You could have continued speaking with BC and escalated to the FOS at the same time.

    I doubt they'll be particularly bothered by a court claim, as they know you'll have little chance of success. I expect you'll fail at the first hurdle, "he who asserts must prove". What evidence of mis-selling do you have? When was the loan taken out?
  • Gerard_Saunders
    Gerard_Saunders Posts: 7 Forumite
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    It seems that since this Plevin judgement it is almost assumed that PPI was mis-sold unless the seller can evidence otherwise.
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    No. Plevin refers to excessive commissions only.
  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
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    Gerard_Saunders wrote: »
    It seems that since this Plevin judgement it is almost assumed that PPI was mis-sold unless the seller can evidence otherwise.

    No, it doesn't. Where are you getting this idea from?

    What are your reasons for complaint, and what evidence do you have?
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