Refused PPI claim

[mickjaydee]

Hi All,
Ive received a letter from Barclays today,to say i have NO CLAIM against mis-sold PPI insurance on a credit card i have with them.
Their reason is, quote :-
" you applied by post,so you havent been missold a PPI "
My problem is,I honestly cannot remember applying BY POST, for the credit card,so therefore i can't disprove what they are quoting.
But,and here is my question:-
Are they legally required to provide evidence that people have applied for their credit cards by post?
In other words,they can just say the above,and if people like myself have no written proof,are we stuffed?
Thanks
Mick

[Bill-K]

Re: Refused PPI claim

Hi Mick, and welcome to you. Barclays, along with others, have started doing this, lately - using cheap tricks that are difficult to disprove, and hoping that will make people just give up and go away. But we know better, than that - don't we, guys ?

I have just recently posted a reply to someone else who was sold a Barclaycard in a shopping precinct, and they insist it was a postal application. I always suggest that we quote the FSA guidelines to them, which at least lets them know that we are serious about our complaint - even if they aren't !!!

If you haven't done so, then it may be worth investing £10 in a Data Subject Access Request (DSAR or SAR).

This is almost a verbatim copy of the post I recently made to the other Barclaycard claimant:-

" I should have asked - is this account still active ? If so, then you should be able to send them a CCA s.77-79 request for a true copy of the executed credit agreement. That might throw up a bit more info. It costs £1.

Regarding their assertion that you applied by post, then if you are sure that this was done in a shopping centre, I would continue to insist on that. Perhaps hinting that the so endearingly enthusiastic salesperson may have added the tick after you had signed the application, bless their cotton sox.

Considering that they should have sent you ALL the data on you with the DSAR reply, then I would ask them where they got the data that they are relying on, which apparently:
1. indicates clearly that you sent the application by post, and
2. lists the documentation that you viewed during the sale.

Ask them to point out exactly where in the DSAR data they sent you this info is to be found. If it is NOT in that data, then they have put themselves in criminal breach of the DPA, I believe. If there is no such data, then they cannot prove that you posted the application, nor that you saw all the info that they say that you "viewed during the sale."

If their wording was indeed "viewed during the sale," then that seems to contradict their assertion that it was a postal application, doesn't it ? Methinks they should be thrown some more rope.

I don't think they have to send you any 'generic' documentation (eg., general terms/conditions/misc.info) with your DSAR data - only that which specifically pertains to you as a Data Subject. However, they seem to be implying that they have a clear record of exactly WHICH items of such generic data were shown or given to you. THAT should have been sent with the DSAR data, I'm sure.

I think it would be worth another letter suggesting that they are either lying to you, or are in breach of the DPA - and that to tell you that their FIRST response is also their FINAL response, without any attempt at further dialogue - is NOT exactly in accord with the FSA's directions.

I think if you suggest that they are lying to you, in breach of the DPA, and in breach of the FSA directions, that should elicit a response.

You may want to quote some of these. The FSA Handbook on PPI Redress contained within PS 10/12 states:

DISP APP 3.2.2 The firm should seek to establish the true substance of the complaint, rather than taking a narrow interpretation of the issues raised, and should not focus solely on the specific expression of the complaint. This is likely to require an approach to complaint handling that seeks to clarify the nature of the complaint.

DISP APP 3.3.1 Where a complaint is made, the firm should assess the complaint fairly, giving appropriate weight and balanced consideration to all available evidence, including what the complainant says and other information about the sale that the firm identifies. The firm is not expected automatically to assume that there has been a breach or failing.

DISP APP 3.3.2 The firm should not rely solely on the detail within the wording of a policy's terms and conditions to reject what a complainant recalls was said during the sale.

DISP APP 3.3.3 The firm should recognise that oral evidence may be sufficient evidence and not dismiss evidence from the complainant solely because it is not supported by documentary proof. The firm should take account of a complainant's limited ability fully to articulate his complaint or to explain his actions or decisions made at the time of the sale.

DISP APP 3.3.4 Where the complainant's account of events conflicts with the firm's own records or leaves doubt, the firm should assess the reliability of the complainant's account fairly and in good faith. The firm should make all reasonable efforts (including by contact with the complainant where necessary) to clarify ambiguous issues or conflicts of evidence before making any finding against the complainant.

DISP APP 3.3.5 The firm should not reject a complainant's account of events solely on the basis that the complainant signed documentation relevant to the purchase of the policy.

DISP APP 3.3.9 In determining a particular complaint, the firm should (unless there are reasons not to because of the quality and plausibility of the respective evidence) give more weight to any specific evidence of what happened during the sale (including any relevant documentation and oral testimony) than to general evidence of selling practices at the time (such as training, instructions or sales scripts or relevant audit or compliance reports on those practices). "

[di30]

Re: Refused PPI claim

Hi and welcome to Legal Beagles.

Blimey that is no reason for them to reject your complaint just because you applied by post!
What a fob off!

Follow the advice from our Bill here, and you won't go far wrong, but do not leave it there.
Defo worth keeping on at.

Look forward to chatting to you further.

[MattyA]

Re: Refused PPI claim

If it was so long ago and no one can remember or has any records (written or otherwise)......

Might you not have telephoned them when filling in the application to query the need for PPI and been told that you must take it out.......?


Just a thought.

Matty

[Bill-K]

Re: Refused PPI claim

As Matty suggests - this is quite possible, isn't it ? Let's play by the rules they seem to be playing by. And I think our Di might agree - telephone recordings are like rocking-horse manure - so they will find it difficult to refute this, methinks.

[di30]

Re: Refused PPI claim

As Matty suggests - this is quite possible, isn't it ? Let's play by the rules they seem to be playing by. And I think our Di might agree - telephone recordings are like rocking-horse manure - so they will find it difficult to refute this, methinks.

Yes exactly Bill.

Good point made as well Matty.