Dogtired's Barclays PPI Claim

[dogtired]

Re: Barclays PPI complaints procedure

Thank you both!
And, yes, that is all they sent.
I have e mailed the FO S and actually done a letter to Barclays asking them how they reached the calculation and asking to "put on hold" posted that on Saturday ( with proff of postage!).
Will find the DSAR letter and do that to post either today, (if printer ink lasts) or later this week.

[dogtired]

Re: Barclays PPI complaints procedure

Letter for SDAR saved until I get new ink tomorrow.
Do I send it to the customer relations department? and who do I make out the postal order to?
Barclays of Barclay Card?
Thank you x

[Bill-K]

Re: Barclays PPI complaints procedure

OK., let's do this, then.

If it's of use, here's the DSAR letter that I use, but there are better ones, I'm sure. The address is here, though. As the DSAR is sent to Barclays Bank plc., then make the cheque/PO out to the same.

The Data Controller
Barclays Bank plc
1 Churchill Place
London Date:
E14 5HP

Data Subject Access Request - pursuant to the Data Protection Act 1998
Data Subject: DT, address as above, and formerly of XXXX.

Dear Sir/Madam
Please supply all data that your company holds relating to my entire account history. Whilst not exhaustive, for the avoidance of doubt I list below what I require:
· Full and legible copies of all contracts and agreements that have existed between myself and your organisation, including copies of any documents you hold in support of same. This is to include Barclaycard account nos. XXXX.
· Full and legible copies of all statements relating to the above accounts. This is to include all credits, debits, charges & interest applied to my account(s) including details of any instances that required manual intervention. It is also to include monthly account balances.
· Full and legible copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts.
· Full unedited copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.
· Full and legible copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
· Full details and legible copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.
· Full and legible copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.
· Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of the same, and at the time it was held or provided to a third party.
· If any data has been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or documents confirming details of destruction. If you are unable to provide such certificates, then I require a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
Please be aware that the Data Protection Act 1998 clearly states that all information held must be disclosed and there is no correlation to the Limitation Act 1980 whatsoever. This request therefore lawfully includes any and all data which is older than six years. If you do not hold any data older than 6 years, then I require a signed declaration from your data controller confirming this, and a copy of all documents pertaining to its proper disposal.
All data - including data held on a microfiche or similar systems - must be provided within 40 days, and if you require a fee for this, then I enclose a cheque for the maximum statutory fee of £10.00. If you choose to waive the fee, then please be aware that you still have a legal obligation to comply with this request.

Yours faithfully

DT
Encl: £10.00 Postal Order.

[Turboman]

Re: Barclays PPI complaints procedure

What you get from Barclaycard--after agreeing PPI in bank or on telephone is an A3 document with effectively 4 A4 pages---entitled "Barclaycard Payment Protection" and on the front page is the "Start Date"....and on the back page at the bottom is a code followed by the mth/yr of the date (of the issue of that particular set of T&C's)----

[dogtired]

Re: Barclays PPI complaints procedure

1) Bill, letter I have saved is similar will check and add relivent bits from yours, still need that ink though so I can refer to it!
2) TM I posted earlier the card in question was as a result of a promotion at a show ( would have been an model air show or a boat show, likely when it was at Earls Court) do not recall having anything, I do tend to " keep" things but have moved house since. All they sent me I posted as an attachement earlier.

[FlamingParrot]

Re: Barclays PPI complaints procedure

Blimey - that's a good point, FP !!! I can understand that applying to SPI loans, as the PPI is usually a part of the loan itself, and is an element of the agreement - but does it deffo apply to credit cards ? By that I mean PPI can be taken out on a credit card at any time, and cancelled at any time - so does it have to be considered as a part of the credit agreement ? The PPI premiums are not loaned to the customer in the same way that a SPI premium is, so are not a part of the credit agreement - but simply another purchase. Like Card Protection Policies, I reckon - and perhaps any other insurance product that has been purchased with the card ?

This is a tricky one because it's not the same as with loans where the PPI is added to the total amount of credit, which makes them fall under s.18 multiple agreements. However, there should still be PPI terms supplied, as would be if you were taking out any other type of insurance, you'd need to know the terms, yet these were often not supplied with PPI.

Also after 31st May 2005 there would have to be a separate signature box for the PPI, although I think the OP's agreement was taken out before that date. :noidea:

[dogtired]

Re: Barclays PPI complaints procedure

Taken out about 1997, I think.
Going to get to grips with the SDAR letter later that now make four accounts in dispute! Glutton for punishment me:tinysmile_cry_t:

[dogtired]

Re: Barclays PPI complaints procedure

is is possible to move from about #10 to a seperate thread in VIP as I seem to have got myself into a sticky thank you DT

[FlamingParrot]

Re: Barclays PPI complaints procedure

Taken out about 1997, I think.
Going to get to grips with the SDAR letter later that now make four accounts in dispute! Glutton for punishment me:tinysmile_cry_t:

Is this the same account you already received a CCA for? Or is it a different one? :noidea:

This is another SAR letter, As Bill noted above, there is more than one version around, the one below is similar the one I've recently used. Ideally it should be sent recorded delivery so you can track it. If you have more than one account with the same bank, you need to send just one SAR as they are person specific rather than account specific.

Dear Sirs

Subject Access Request - S.7 Data Protection Act 1998

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.

Yours faithfully

[dogtired]

Re: Barclays PPI complaints procedure

Just the Barclay Card which I did the CCA for and which I posted earlier.The others are HBOS.

[Bill-K]

Re: Barclays PPI complaints procedure

This is a tricky one because it's not the same as with loans where the PPI is added to the total amount of credit, which makes them fall under s.18 multiple agreements.
It wasn't until you mentioned the PPI aspect with SPI-type loans that I actually stopped and thought about it, FP - and "tricky" describes it well, I reckon.
However, there should still be PPI terms supplied, as would be if you were taking out any other type of insurance, you'd need to know the terms, yet these were often not supplied with PPI.
Oh, agreed 100% or course - and if not supplied at point and time of sale, then mis-selling can be claimed - but this only applies to the PPI, and not the loan agreement. My quandary was whether we can apply this to a CCA request, where we are not looking at mis-selling, but at CCA compliance. The lack of a set of PPI T&C's would mean non-compliance with a s.18 type of loan - and THAT hadn't occurred to me until you pointed it out. That is when I decided to fire up the brain cell and see what came out. I thought of mortgages and MPPI, where it is usually a separate 'stand-alone' policy, and the CCA doesn't apply, anyway - then I thought about the cases where PPI was taken out (or surreptitiously applied !!!) after the credit agreement had been signed.

So - there was not even a ticked box, let alone a 'parallel PPI loan' hitched to the agreement. It then occurred to me (I'm a g'rilla of little brain, so please bear with me) that the CCA request ONLY covers the original credit agreement, and although credit card PPI is often referred to as a part of the original agreement if the box was ticked on the application form, the PPI does not actually form a part of the credit agreement. For the purposes of the credit facility, it is treated as "just another purchase," it would appear. But - that tick on the application form links the PPI to the credit agreement, doesn't it ? It's tricky, as you say.

I'm afraid I don't have the mental capacity to deal with caselaw research these days - but I do wonder if there is anything that might define this one way or t'other ? It's a jungle in here, innit ?

....

[dogtired]

Re: Barclays PPI complaints procedure

Goodness me a debate!
Anyway, letter done and if I can get my self into "town" posted today!
Can I "bump" my request for moving from #10 please.

[Bill-K]

Re: Barclays PPI complaints procedure

Goodness me a debate!
Anyway, letter done and if I can get my self into "town" posted today!
Can I "bump" my request for moving from #10 please.

LOL - I've reported this post, DT. I agree - it deserves a thread of its own. I'm sure Admin will sort it, once they have removed their soggy biccie from their tepid mug of tea.

Bless 'em...

[dogtired]

Re: Dogtired's Barclays PPI Claim

Thank you now got my "own" thread for this!
SDAR posted today warn any one else that postal orders are now changed and do not have a counterfoil just a till recept llike you get with proof of postage will file safely away.

[Turboman]

Re: Dogtired's Barclays PPI Claim

Hi Dogtired

I'm not seeing everything perhaps but-
I can see the letter of 1/8/2013 which details a refund of PPI up to 2/8/2001
Is there some other letter which refers to PPI from 2/8/2001 onwards I have missed?

The procedure for PPI from Barclaycard (whether arranged via the original CCA) or subsequently on phone or in branch---is that they send out the"Barclaycard Payyment Protection" document which includes the T&C's applicable. This is enclosed with a letter saying you have 30 days to revoke the agreement if you wish--otherwise the PPI kicks in