Another refused Barclaycard claim - former Egg card holder problem

[Marmalady]

Hello Beagles,

I'm a new member and I've been tracking through some of the threads to see if anyone has had a similar problem. Like many other members I've had a Barclaycard PPI claim turned down, and the letter I received is like many others:

"...We have carefully considered all the information that you provided in support of your claim, together with all the information available to us. We are unable to find any evidence that we mis-sold you PPI and we are unable to give you a refund. Specifically you feel that we mis-sold you PPI because:
• you had a pre-existing medical condition
• elements of the policy were not adequately disclosed such as the price of the policy, the benefits, that it was optional, or that it included significant exclusions and limitations.
• you were not aware that PPI was included with the product.
Following our investigation we have identified that your application was submitted online. This means that at the point of applying for PPI we did not give you any advice and the process required you to select the specific type of cover you required.." etc

My particular issue is that I had previously held an Egg card and when they went out of business, Barclays took over, and I was automatically sent a Barclaycard. I have no recollection of applying online for their card. I do hold a letter from them saying:
"We recently let you know that Barclaycard has acquired Egg's credit card accounts and we would be sending you a new card. Well, here it is, and details of your new benefits and services are enclosed. This will replace your Egg credit card from 7th November 2011."

It went on to say they would be sending me a new pin etc, then:

"We want to make sure your transition to Barclaycard goes as smoothly as possible so we've enclosed a handy leaflet that explains what happens next. We'll send you more information shortly, so you know what you need to do and when - including how and when you can log in to mybarclaycard online servicing. In the meantime you can see a demo at barclaycard.co.uk/egg."

There is no reference to any online application, and I was never asked questions about pre-existing medical conditions etc. It makes me wonder if, when they say I applied online, they are referring to my original application for the Egg card, as that's true, my original application for the Egg card was online. However I have since been refunded by Canada Operations on behalf of Egg for having been mis-sold PPI. My point is that Barclay's automatically sent me the card. I did not apply for it, and I was automatically given PPI. My circumstances by this time had changed. I was no longer in full time employment, was in receipt of a pension and was running a small business from home so was self employed.

Are there any other members in the same situation? There must have been lots of Egg card holders who were moved over to Barclaycard.

Do you think I have a case for having them re-examine my case or should I go the FOS route at this stage? Barclaycard said in the letter that they would review my case again if I had any new information that would support my claim.

Looking forward to hearing what you think.

Best wishes,

Marmalady

[di30]

Re: Another refused Barclaycard claim - former Egg card holder problem

Hi and welcome

I shall come back to this shortly, making a cuppa for the work guys doing my outside installation of pebble-dashing, then I will be back lol

[Marmalady]

Re: Another refused Barclaycard claim - former Egg card holder problem

Thanks Di

[di30]

Re: Another refused Barclaycard claim - former Egg card holder problem

Hiya I am back! LOL

First, did you ever request for a Subject Access Request (SAR) for all your paperwork of the account?
It can be worthwhile doing so if you've not done so as info on how you purchased ppi should be enclosed.

If you wish to do this, you send the SAR to the business Data dept who provides SAR of all details of your account.

Template letter below for you..

Was it the final decision?

Template SAR below..........



.................................................. .................................................. .................................................. .........................
[ Your Name & Address ]

The Data Controller
[ address ] Date:









Dear Sir/Madam,
Data Subject Access Request - Pursuant to the Data Protection Act 1998
Data Subject: [ xxx, address as above, and formerly of: ]
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:
o 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 account no. [XXXX]
o 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.
o 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.
o Full unedited copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.
o 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.
o 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.
o 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.
o 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.
o 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 the maximum statutory fee of £10.00 – which must not be used for any other purpose. If you choose to waive all or part of the fee, then please be aware that you will still have a legal obligation to comply with this request. I thank you in anticipation of a prompt and full response and compliance.

Yours faithfully,

[ Sign ]



[ Print your name ]

Encl: £10.00 fee.


[ Your Names & Address ]

The Data Controller
[ address ] Date:

[di30]

Re: Another refused Barclaycard claim - former Egg card holder problem

Reason I ask if its the final decision is because what some do before actually going to the FOS is email/write to the Chief Executive Officer (CEO) of the business and state that you want this looked into further by 14 days as you strongly believe you have a genuine complaint to make a reclaim on the PPI, but don't feel the complaints dept taken your complaint seriously, or they may have overlooked your case.

In regards of the policy being sold online/ if this was the case then it may have already been pre-ticked for PPI where assumed it was inclusive of the account. If this applies to you, I would mention this, and state "I assumed PPI was all part of the package".
Or it may have been the case that when you completed the application online the application did not allow you to go any further untll you accepted PPI".

In regards of the medical conditions being existent when you taken out the policy, I would write "The fact that you now realise that you would not be eligible to make a claim on the illneses that existed, the policy you were paying was worthless, a waste of money in this case, and if I had been aware of this when PPI was automatically applied to my account, I would have raised this matter up earlier with your business"

I would write "I have a genuine complaint and have a right to reclaim on the PPI with the reasons that I've given you, and I am disappointed as a long term customer of your respectable business that my complaint been rejected on genuine grounds".

I would also raise your concerns about EGG as well as you stated on your above post. As its possible there's been a misunderstanding and the fact that you were not in full time employment and receiving a pension at the time too.

[Marmalady]

Re: Another refused Barclaycard claim - former Egg card holder problem

Thanks, Di. That's all very useful info. The first thing I'll do is apply for a SAR. I didn't understand before that this was common procedure, and I'd really like to know how my Barclaycard was processed, since I strongly believe that I never actually applied for it. My recollection is that I was told Barclays was taking over Egg's card accounts, and without doing anything further it just arrived. That's why I'd be interested to hear from other Egg card holders who were transferred to Barclaycard.

It's great to get clear directions about how I should approach it. Many thanks for your help, and I'll let you know how I get on.

Best wishes,

Marmalady

[Marmalady]

Re: Another refused Barclaycard claim - former Egg card holder problem

Hello again Dizzy Di,

I realise I didn't answer your question properly in your last post. My refusal is not final as it did say in the letter that they would review my case again if I could provide new information that would support my claim. I'm posting my SAR today, so hopefully that will return some interesting evidence.

Cheers,

Marmalady

[di30]

Re: Another refused Barclaycard claim - former Egg card holder problem

Hey that's ok!

Yes a SAR should hopefully help your case, keep us posted in order for us to help you, good luck x

[Marmalady]

Re: Another refused Barclaycard claim - former Egg card holder problem

Hello again Di,


Happy New Year to you! It's been a while since I posted as I have been waiting for a result. I'm hoping that you can point me in the right direction as Barclays have rejected my claim for a second time.

Just to put you in the picture again, here is what’s happened so far:


I originally had an Egg card which I had applied for online. When Egg went out of business Barclaycard took over and I was sent a new card with Barclays name on it and info about my new card but no mention at all of PPI. I didn’t make any application for it (neither the card or the PPI) whatsoever. In the meantime my circumstances had changed; I had retired from teaching and started a small business so became self employed. I also had a pre-existing medical condition that wouldn’t have been covered. The PPI, I now understand, was automatically transferred from the Egg card to the new Barclaycard.


In November 2012 I was contacted by Canada Square Operations, who said they were formerly known as Egg Banking plc, inviting me to make a PPI claim on my Egg card if I felt it had been mis-sold to me. I completed the claim form they sent me (the FOS one). My complaint was duly upheld and I was awarded £3056.90. The period I claimed for was up to November 2011 when I was sent the new Barclaycard. I believed that this was a new account, a new card and that my agreement with Barclaycard was a separate one from Egg.


In August 2013 I made my first claim to Barclays and was turned down on the grounds that I had applied online. Because I felt that was unfair I applied for a SAR, as you suggested, and with the evidence that I gleaned from that, I made a second claim. Again I was turned down on the grounds that I had applied online. From that I understand that Barclays see my Barclaycard account as being an extension of the Egg account and do not hold themselves responsible for selling me a PPI. If that is so, and Canada Square Operations saw fit to refund me, should they not refund me too? Or, when I originally made my Egg card claim through Canada Square Operations, should I also have claimed for the Barclaycard PPI from them?


Can you advise me on what I should do next, please? Do you think I have a case?


I would be very grateful for your opinion and advice!


Many thanks,


Marmalady

[di30]

Re: Another refused Barclaycard claim - former Egg card holder problem

Hello again Di,


Happy New Year to you! It's been a while since I posted as I have been waiting for a result. I'm hoping that you can point me in the right direction as Barclays have rejected my claim for a second time.

Just to put you in the picture again, here is what’s happened so far:


I originally had an Egg card which I had applied for online. When Egg went out of business Barclaycard took over and I was sent a new card with Barclays name on it and info about my new card but no mention at all of PPI. I didn’t make any application for it (neither the card or the PPI) whatsoever. In the meantime my circumstances had changed; I had retired from teaching and started a small business so became self employed. I also had a pre-existing medical condition that wouldn’t have been covered. The PPI, I now understand, was automatically transferred from the Egg card to the new Barclaycard.


In November 2012 I was contacted by Canada Square Operations, who said they were formerly known as Egg Banking plc, inviting me to make a PPI claim on my Egg card if I felt it had been mis-sold to me. I completed the claim form they sent me (the FOS one). My complaint was duly upheld and I was awarded £3056.90. The period I claimed for was up to November 2011 when I was sent the new Barclaycard. I believed that this was a new account, a new card and that my agreement with Barclaycard was a separate one from Egg.


In August 2013 I made my first claim to Barclays and was turned down on the grounds that I had applied online. Because I felt that was unfair I applied for a SAR, as you suggested, and with the evidence that I gleaned from that, I made a second claim. Again I was turned down on the grounds that I had applied online. From that I understand that Barclays see my Barclaycard account as being an extension of the Egg account and do not hold themselves responsible for selling me a PPI. If that is so, and Canada Square Operations saw fit to refund me, should they not refund me too? Or, when I originally made my Egg card claim through Canada Square Operations, should I also have claimed for the Barclaycard PPI from them?


Can you advise me on what I should do next, please? Do you think I have a case?


I would be very grateful for your opinion and advice!


Many thanks,


Marmalady

Hi there

I am so sorry to hear that! I understand it can be more difficult if its online but the fact is they need to take into account that the PPI still was not for you.
I am wondering if the PPI was an opt out position, where it was already applied and you had to opt out, if it was then lots have been caught out assuming it all part of the package, if this applies to you then write back but to their Chief Executive officer (CEO) and address everything to him or her.

I would state that you are writing to him/her because you are not satisified with the outcome of a recent complaint made for PPI, as you strongly believe you have a genuine case to make a reclaim.
Say the fact that you had a Pre-med existing condition you understand you would not be able to make a successful claim and also express your employment status as at the time you were teaching you had cover in place automatically.
Raise the fact that your complaint was rejected because it was an online application, but none of your main reasons were taking into account, no matter if applied online or not, then state that PPI must have been automatically applied to your application, because if you were aware if there was a choice, then obviously you would have opted out, in knowing if you could have done that or not.
Ask them to review by 14 days to let you know by then in order to consider taking further action on the complaint.

Hope this helps, but do not give up, if you dont hear anything by 14 days, you can put in a complaint to the Financial ombudsman service (FOS), but let me know as well in case we can try other ways around this, thanks and good luck x

[Marmalady]

Re: Another refused Barclaycard claim - former Egg card holder problem

Thank you, Di. Will give it another go. Nothing to lose!

Lesley