Barclay Loan - REFUSED PPI

[juliedee]

Can anyone give me a little advice please ? Im new to this and basically ive just had letter stating Barclays will not uphold my claim for mis sold ppi on a loan i had a couple of years ago. The letter is quite long winded and i just wondered if anyone else had had the same experience and have they taken it to FOS as directed, thanks

JD

[EXC]

Re: Barclay Loan - REFUSED PPI

Could you either post the text of the letter or scan it and attach it to a post, blanking out any personal information?

[Bill-K]

Re: Barclay Loan - REFUSED PPI

Hi Juliedee and welcome to you. This is the experience of many people, and if you take a look in the PPI section (see the PPI tab at the top of the page), you will see many examples. There are also guides for reclaiming PPI, and it may be worth reading through those.

The lenders now seem to be sending out these long-winded refusal letters in the hope that this will confuse people and throw them off course.

I usually recommend that you reply, telling them that you do not consider that they have dealt with your claim properly and fairly, in accordance with the guidelines for the redress of PPI complaints in The FSA Handbook contained within Policy Statement PS 10/12 - which 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 3.2.7 The firm should consider all of its sales of payment protection contracts to the complainant in respect of re-financed loans that were rolled up into the loan covered by the payment protection contract that is the subject of the complaint. The firm should consider the cumulative financial impact on the complainant of any previous breaches or failings in those sales.

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).

I expect you will be able to tell them that some or all of the above guidelines have not been followed. If they have told you this is their 'Final Response,' then I would reply that their refusal to engage in further dialogue is in breach of DISP APP 3.3.1 & 3.3.4 above. Quote all relevant guidelines, and insist that they NOW deal with the matter properly, and that their conduct thus far will not be seen favourably should they force you to refer your claim to the FOS.

[juliedee]

Re: Barclay Loan - REFUSED PPI

Thanks for the above guys thats a great help i shall get on with composing my response and let you know where i get !!

JD

[Bill-K]

Re: Barclay Loan - REFUSED PPI

Hope it helps, Julie. Get a Proof of Posting Certificate - it's free if you take the letter to your Post Office.

[di30]

Re: Barclay Loan - REFUSED PPI

Sorry I was not here earlier, but can see you've received fab help, good luck with this.