Barclaycard rejection of PPI Reclaim

[keli5325]

I am hoping that someone can shed some light on what i do next :-)


Barclaycard declined my claim for PPI, my claim was based on the fact that i was on out of work benefits at the time the ppi was taken out. (I have proof)

BC rejected the claim stating that the PPI Policy did not cover "involuntary unemployment" - I am trying to obtain details of the policy T&Cs that state this.

Is a SARs request the best way to go about this? The PPI was added in 1997, other forums state they dont have to provide T&Cs if the account is closed.

Does anyone have knowledge of Barclaycard PPI in 1997?

[TUTTSI]

Re: Barclaycard rejection of PPI Reclaim

They have to respond to SAR request under the Data Protection Act they have 40+2 days to respond. If any Data Controller does not respond to the SAR in full or not at all then you can complain to the ICO - they will be in for a hefty fine and be made to supply you with your request. Make sure you fully put in your SAR details of everything that you want including the T&C's - of course you are entitled to read them and to have had them when they have taken money for this.

Also, if you have been charged Credit Card Charges this can also be partially recovered if they have charged excess fees to your account and you can go back 6 years. You can include on your SAR all your statements going back 6 years if you do not have them.

[keli5325]

Re: Barclaycard rejection of PPI Reclaim

If they have relied on the T&Cs for the rejection you would think they would be able to provide them.

Something tells me that they are not being truthfull

[Turboman]

Re: Barclaycard rejection of PPI Reclaim

Hi

Not quite sure whether you are telling us about a rejected claim for a claim under the PPI policy
or
whether you are referring to a claim rejected where you were claiming redress because you believed your PPI was mis-sold

Here's the 1999 Barclaycard T& C's--just click "View" & "rotate anti clockwise" when you've clicked on them (I do have 1998 but I suspect its the PPI Policy which is the issue--not the T & C's for the main account)





Barclaycard-1999-page1.pdf

Barclaycard-1999-page2.pdf


Hers an extract from a Barclaycard PPI Policy doc for 2006--but I believe it same in principle for 1999

the bit about Voluntary Unemployment is the bottom lines

[keli5325]

Re: Barclaycard rejection of PPI Reclaim

Sorry it is a claim for Mis sold PPI, thank you for those T&Cs thats great i will have a read when i get home x

[keli5325]

Re: Barclaycard rejection of PPI Reclaim

In their rejection BC say "given the PPI policy applied to your account does not cover involuntary unemployment, your employment status was correctly considered as you would have be able to claim against other elements of the policy sold to you. Therefore we do not agree the policy was missold.

In the BC PPI exclusions it says" we will not pay for unemployment that is the result of any of the following.
- Where you knew you were going to be made unemployed or had reason to believe it may happen, at the start date if this occurs you will be unable to claim on that occassion and you will have to return to work for six months before you can make an unemployment claim

- Where you have not been in employment for 6 months with one or more employers immediately before you employment ended (if you were not working for 2 weeks or less, we will not count this as a break in employment, or where your work is seasonal and unemployment is a regular feature of your work.

- Your conduct (including mis conduct, fraud, illegal activity, dishonesty or anything that led to or might have led to disciplinary procedure or voluntary unemployment, voluntary redundancy or early retirement.

Do you think i have an argument here? or should i go to FSO?

[di30]

Re: Barclaycard rejection of PPI Reclaim

Write back and ask them to review the complaint, even if they provided you with a final decision, you can give it another go and ask them to relook into the matter as you do feel you have genuine grounds to reclaim, that they may have overlooked.
Anything you can think of that you may have missed etc, let them know and tell them you are not satisfied but giving them another opportunity to review the complaint before you decide where to take your complaint from here.
Ask that they write to you with a decision with the further information you provided by 14 days, if they do not change the decision in your favour, or if they do not write back by say 14 days or 21 if you wish to give them longer, then complain to the FOS.

Sometimes even a final decision already given, they may reconsider with further information.

Otherwise, if you prefer, continue to complain to the FOS now ;-)

Good luck.

[sokkar]

Re: Barclaycard rejection of PPI Reclaim

Anyone have the 1998 Barclaycard PPI terms and conditions not the main card? many thanks

[Victoria27]

Re: Barclaycard rejection of PPI Reclaim

Keli,

I agree with Di, 100%.

I think it is a good idea to have a go at CEO.
Nothing stops you to refer your case to the Ombudsman now, but at the same time you can write to the CEO as well.
Even if you do file your complaint with the FOS, you can still try with the CEO office at the same time.

I did it with one of my cases, which was with the FOS, but I managed to resolve it myself with the CEO office.

the FOS were very pleased that they had one case off their shoulders.

so, I am sure, you can do both if you want to.

best of luck,

Victoria

[Victoria27]

Re: Barclaycard rejection of PPI Reclaim

Hello Sokkar,


I am not sure what do you mean "not the main card".
You mean just the policy terms, not the cards terms,
Is that correct?


May be somebody does have it, I, unfortunately do not.


However, you can always send for SAR, if it is very important to get it.


What is it particularly you need to know about the terms?
May be somebody can help even without seeing that document.
A lot of those policies were almost identical.
If I am not wrong, only employment, particularly self employment exclusions vary in some of them.


Let's see what our experts think.


best,


Victoria

[sokkar]

Re: Barclaycard rejection of PPI Reclaim

Hi Victoria

Thanks for replying. Yes I meant the terms for the PPI which should be a separate document than the terms and conditions for the credit card.

I think someone on here had one, based on a previous search, but I couldnt find the thread.

thanks
Sokkar

[Victoria27]

Re: Barclaycard rejection of PPI Reclaim

Thank you, Sokkar.
If it is here somewhere, I am sure, you will find it eventually.

I'll let you know if I come across, of course.

best,

Victoria

[drspear]

Re: Barclaycard rejection of PPI Reclaim

I have a reject letter from Barclays stating
"you feel we mis-sold you PPI because :
- you had other means to make your payment
- elements of the policy were not adequately disclosed
- you were not aware PPI was included with the product
- you were sold a policy unsuitable for your needs and circumstances
We have found your application was submitted on line his means at point of applying we did not give you any advice and the process required you to select the specific cover you required.
Our investigation also shows you were provided with information to help you decide if PPI was suitable for you. We therefore cannot agree that you were not given enough information when you took the policy out."
------------------

Accordingly, I am keen on views if grounds to appeal the above would be that I thought it was part of the process you had to take PPI and this was before 2007 so could well have been pre ticked on the application, I am not sure.

Look forward to hearing

[Victoria27]

Re: Barclaycard rejection of PPI Reclaim

Hello and welcome Drspear.
I am sorry, they rejected.

For the online application pre-ticked box might be possible.

For your information, please have a look at our threads, related to ore-ticked box, here, on LB. It may be helpful.

Links about pre-ticked box:


http://www.legalbeagles.info/forums/...ard-Egg-Issues!!


http://www.legalbeagles.info/forums/...874#post423874

Best,

Victoria