Taking Barclaycard to Small Claims Court over PPI

[Tnsafc18]

I recently made a claim against Barclaycard over a mis-sold ppi agreement. They informed me that the agreement had started in 1997, but due to lack of evidence defended the claim.
my claim was based on the fact that I hadn't requested PPI, nor had I required it as my employment contract contained cover for illness on full pay for 6 months. Also my company pension covered me for critical illness and death in service. I was a home owner and also held savings.
As I see it my options were either to appeal to FOS or take small claims action. I took the later option. I fully expect BC to defend the claim, but just wondered what if any experience others have had of this process and if so what the outcome was?

[charitynjw]

Re: Taking Barclaycard to Small Claims Court over PPI

There was/is a third option available.

& that's have a word with our di30, PPI Superstar!

[dogtired]

Re: Taking Barclaycard to Small Claims Court over PPI

subscribe

[di30]

Re: Taking Barclaycard to Small Claims Court over PPI

Cheers for the message/pm CharitynJW

Welcome to TnsaFC18 to legal beagles.

Firstly, you do actually have a good case here, and so sorry it was rejected. Now did the final decision actually state if you were eligible for the FOS or not?

I have never gone the Small claims direction myself, but as you will be aware charges will possibly appl (i think) but read the link below first here;
http://www.adviceguide.org.uk/englan...all_claims.htm

Another option is if this fails we can find out who the actual underwriter/insurer if of the policy, do you have any paperwork which includes details of the insurer? If not then you could ask Barclays to provide these to you, as you have the right to know who they were.
The reason I mention this, is because the FOS usually suggests the direction of the insurer/underwriter, if your not able to go anywhere with the broker, because maybe they were not FSA regulated or GISC regulated at the time you taken out the policy.

Do you have a copy of your rejection letter, you could post up with please (by deleting personal details etc)?
Thanks.

[Tnsafc18]

Re: Taking Barclaycard to Small Claims Court over PPI

Cheers for the message/pm CharitynJW

Welcome to TnsaFC18 to legal beagles.

Firstly, you do actually have a good case here, and so sorry it was rejected. Now did the final decision actually state if you were eligible for the FOS or not?

I have never gone the Small claims direction myself, but as you will be aware charges will possibly appl (i think) but read the link below first here;
http://www.adviceguide.org.uk/englan...all_claims.htm

Another option is if this fails we can find out who the actual underwriter/insurer if of the policy, do you have any paperwork which includes details of the insurer? If not then you could ask Barclays to provide these to you, as you have the right to know who they were.
The reason I mention this, is because the FOS usually suggests the direction of the insurer/underwriter, if your not able to go anywhere with the broker, because maybe they were not FSA regulated or GISC regulated at the time you taken out the policy.

Do you have a copy of your rejection letter, you could post up with please (by deleting personal details etc)?
Thanks.

Thanks for coming back to me. I will upload a copy by tomorrow. I have request both SAR & CCA from Barclaycard. Who did state I had the option of appeal through FOS.
however I read on alternative sites that small claims was an option.

[Tnsafc18]

Re: Taking Barclaycard to Small Claims Court over PPI

Our Reference: XXXXX
03 August 2013
Credit Card Number last four digits: XXXX
Dear Mr X
Re: Your Payment Protection Insurance (PPI) Complaint
We are sorry you have had cause to complain. In our previous letter we promised to keep you updated on the progress of our investigation which is now complete.
Thank you for providing the additional information we requested from you.
Our understanding of your complaint is that you feel you were mis-sold the PPI policy element of your Barclaycard because at the time of the sale:
· You were not advised that you needed PPI
· You did not request it
· You never needed or wanted this protection

We have considered the information you provided in support of your complaint inaddition to reviewing the circumstances and information available to us for each one of the reasons and found no evidence of a mis-sale. As a result we are not able to uphold your complaint. For completeness we have listed below the outcome of our investigation on your original complaint reasons.

We have reviewed your complaint that
· You were not advised that you needed PPI
· You did not request it
· You never needed or wanted this protection

We have not identified sufficient evidence to uphold your complaint on this reason.

In addition to your original complaint reasons, we have also conducted a complete review based on the information we had accessed in the course of ourinvestigations and have found no evidence that the policy was mis-sold.

As a result we are not able to uphold your complaint.

What you need do now

If you have information to the contrary, please send it to us and we will be happy to review the case again.

If you are not happy with our response

This letter is our final response to your complaint and we hope you are satisfied with the outcome. However if you are not satisfied, you have the right to refer your complaint to the Financial Ombudsman Service. If so please refer yourcomplaint to them within six months from the date of this letter. More details and their contact information can be found in the enclosed leaflet.
This decision only relates to the account number referenced at the top of this letter. If you have contacted us about PPI policies on other accounts these will continue to be handled on an individual basis and a response will beissued separately.

Yours Sincerely

Customer Relations Manager
PPI Complaints Team

[Angry Cat]

Re: Taking Barclaycard to Small Claims Court over PPI

Suggest that you take your complaint to the FOS.
And, if the FOS do not uphold your complaint, you can still take it to the small claims court!

[dogtired]

Re: Taking Barclaycard to Small Claims Court over PPI

Post #6 seems the standard fob off letter, I got the same, its taken another two years and FOS to get anything from Barclay Card and even this appears incorrect as I have no idea where they got the figures from, about to do an SDAR?:target:

[Angry Cat]

Re: Taking Barclaycard to Small Claims Court over PPI

Post #6 seems the standard fob off letter, I got the same, its taken another two years and FOS to get anything from Barclay Card and even this appears incorrect as I have no idea where they got the figures from, about to do an SDAR?:target:

dogtired, you're not the only one tearing their hair out over Sharkleys...left hand doesn't know what the right is doing;
same applies to the Lloyds Group!

[dogtired]

Re: Taking Barclaycard to Small Claims Court over PPI

dogtired, you're not the only one tearing their hair out over Sharkleys...left hand doesn't know what the right is doing;
same applies to the Lloyd's Group!

Also got two with HBOS who have not improved one bit since being taken over by Lloyd's.:tinysmile_cry_t:

[Tnsafc18]

Re: Taking Barclaycard to Small Claims Court over PPI

Also got two with HBOS who have not improved one bit since being taken over by Lloyd's.:tinysmile_cry_t:

Well so far they've not bothered to acknowledge the court issue. They've got 3 more days to do so then I guess my next course of action is to request a judgement. However if surprisingly they don't respond, I intend to contact them first to offer them the courtesy of making me an offer, interest included. Does that sound about right?

[dogtired]

Re: Taking Barclaycard to Small Claims Court over PPI

Well so far they've not bothered to acknowledge the court issue. They've got 3 more days to do so then I guess my next course of action is to request a judgement. However if surprisingly they don't respond, I intend to contact them first to offer them the courtesy of making me an offer, interest included. Does that sound about right?

Dont forget it is a bank holiday in uk!
Still no reply from them from my letter requesting it be put on hold early days for the SDAR.

[QCKate]

Re: Taking Barclaycard to Small Claims Court over PPI

Well so far they've not bothered to acknowledge the court issue. They've got 3 more days to do so then I guess my next course of action is to request a judgement. However if surprisingly they don't respond, I intend to contact them first to offer them the courtesy of making me an offer, interest included. Does that sound about right?

No it doesnt!! If they dont respond why would you not go for judgement and get the full amount of your claim + costs + interest?????

If the boot was on the other foot, they wouldn't be that "courteous" to you.


QCK

[Tnsafc18]

Re: Taking Barclaycard to Small Claims Court over PPI

No it doesnt!! If they dont respond why would you not go for judgement and get the full amount of your claim + costs + interest?????

If the boot was on the other foot, they wouldn't be that "courteous" to you.


QCK

Yes I'm aware of the bank holiday but the court document states they have until the 27th to respond. I agree that the judgement route is the quick win, but I also read somewhere that the court looks favourably on efforts by the plaintiff to resolve the issue.

[Tnsafc18]

Re: Taking Barclaycard to Small Claims Court over PPI

Yes I'm aware of the bank holiday but the court document states they have until the 27th to respond. I agree that the judgement route is the quick win, but I also read somewhere that the court looks favourably on efforts by the plaintiff to resolve the issue.

Just for clarity, am I right or wrong in thinking that if they don't defend the claim, by default I automatically win the claim and then seek a judgement from the court?