PPI Reclaiming Discussion part 4

Former_MSE_Wendy · 17 July 2008 at 11:11AM

This thread is for discussing the PPI Reclaiming article.

This is Part 4 of the discussion, as the last one was so long.
Read parts one, two and three.

To discuss or ask a question about this article: click post reply

To read about non FOS claims read this thread

Report and read success stories in this thread

Please remember:

We're often quite laid back about discussion threads as this is a community after all.

I'm afraid in the case of the PPI Reclaiming thread we're really going to have to ask you to keep the discussion on topic though, so that people can find the relevant information quickly and easily.

If you do start making like-minded friends on here and would like to carry on chatting about what you did at the weekend/what you ate for dinner etc then that's fine but the best way to do that is to go to our local pub MoneySavers Arms where anything and everything is chatted about, start a thread there and then pop a link in here and suggest you all head over to there to chat.

Hikui · 2 February 2009 at 4:22PM

Hi again folks

I posted last week about progress on my claim - RBS had been in touch to ask for more information just as the 8 weeks was about to run out. I sent the information off to them on Thursday or Friday and was surprised to get their response this morning!

The letter basically pointed out that I had no case etc etc, which I was expecting; what I wasn't expecting was a 'goodwill gesture' of £750. So, do I take the safe money now OR press on with the next stage? I think i'm leaning towards the latter at the moment but wondered what you guys would make of it

di3004 · 2 February 2009 at 4:34PM

Hikui wrote: »

Hi again folks

I posted last week about progress on my claim - RBS had been in touch to ask for more information just as the 8 weeks was about to run out. I sent the information off to them on Thursday or Friday and was surprised to get their response this morning!

The letter basically pointed out that I had no case etc etc, which I was expecting; what I wasn't expecting was a 'goodwill gesture' of £750. So, do I take the safe money now OR press on with the next stage? I think i'm leaning towards the latter at the moment but wondered what you guys would make of it

Hi there
Was that the first or final response?

If its the first one, write back to them and ask them to reconsider your complaint.
Have they given a leaflet in regards to the Financial ombudsman service yet?

If so I would complain to them, get a form filled in, you can do this by downloading or ringing the FOS to request one through the post, and enclose copies of correspondence with your form, also send a copy to the finance company and tell them you have now moved on to the FOS in order for them to investigate this for you and you enclose a copy of the complaint form for their records.

(sometimes this can help, if they do decide to uphold your complaint while this is being dealt with by the FOS, then just let the FOS know).

However, again, if this was only the first response, you can write to them again and ask them to reconsider your complaint.

Good luck and please keep us posted.;)

SteveChippy · 2 February 2009 at 4:50PM

Hi Everyone...

Not sure how I should tackle this one...
A few years ago both myself and wife took out a First Plus loan for around £25,000. Wish I hadn't now..
When we re-mortgaged back in the middle of 2005 we decided to clear the loan etc but had to pay back £37,500 ish due to early repayment etc. Payment protection was included as there was this idea that you could claim this back after 5 years.
Now I'm thinking I had to pay a huge amount back to settle the loan. I cant find the old paperwork, but I'm I able to claim anything back as it has been almost 4 years since we cleared the loan off. Also if I can how do I do this without any of the old paperwork ?

Thanks in advanced
SteveC

di3004 · 2 February 2009 at 5:18PM

SteveChippy wrote: »

Hi Everyone...

Not sure how I should tackle this one...
A few years ago both myself and wife took out a First Plus loan for around £25,000. Wish I hadn't now..
When we re-mortgaged back in the middle of 2005 we decided to clear the loan etc but had to pay back £37,500 ish due to early repayment etc. Payment protection was included as there was this idea that you could claim this back after 5 years.
Now I'm thinking I had to pay a huge amount back to settle the loan. I cant find the old paperwork, but I'm I able to claim anything back as it has been almost 4 years since we cleared the loan off. Also if I can how do I do this without any of the old paperwork ?

Thanks in advanced
SteveC

Hi Steve

When did you take out the loan?

I believe before 2005 they were not covered/regulated by GISC where the FSA had taken over these in 2005, I'm sure someone will confirm otherwise.
If for some reason you complained and were not successful you if they were covered you could take your complaint to the Finanical ombudsman service for them to investigate, but they will not do so if they were not covered by these regulated parties, but there is always other options such as court, I heard this option is not that difficult at all, and again I'm sure someone will post up who can help in this situation.

I would still try your luck though by trying to reclaim and complain to the company, check this link out here:
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

There is some useful PPI information and a letter template, obviously write in your own words with your own reasons, they have 8 weeks to respond in full, and post by recorded delivery.
See what response you have and if this is not successful post up and someone will help guide you from here.

I would suggest a SAR though, this is a Subject Access request, there is a template letter for this, they have to supply everything they have on you within 40 days of request, although there is a £10 cheque payment or postal order charge for this, it may be well worth your while.
If you've no agreement, there is normally a charge of a £1 cheque payment for this, contact them first to make sure on the charge then request for this in writing.

In my next post I will post the SAR not to confuse matters, good luck and let us know how you get on.;)

di3004 · 2 February 2009 at 5:20PM

DATA PROTECTION ACT 1998
SUBJECT ACCESS REQUEST

Date: xx:xx:xxxx

Dear Sir/Madam
Name xxxxxxxxxxxx
Account No’sXXXXXXXXXXXXXXXXXX

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts and credit cards accounts

I would be grateful if you would provide the following for ALL accounts or associated accounts I hold or have held with your organisation:

Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.
A complete list of all transactions or statements relating to ALL of my Loan Accounts with your organisation.
Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.
Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my account.

Where you have used abbreviations and/or codes, I would request that an accompanying sheet be provided so as to translate these abbreviations and/or codes and their meanings, I also request an accompanying appendices of the documents included and reference to the purpose or meaning to those documents.

I request that you provide all the information requested above, even though you may consider that it falls outside Data Protection.

I reserve the right to refer to the contents of this letter if an application for pre-action discovery is necessary relating to any of the documents requested herein.

I enclose a cheque in the sum of £10 to cover your fee.

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

I look forward to hearing from you in the first instance of receipt.

Your Faithfully.

...........................................................................................................................
Details of:
SAR (SUBJECT ACCESS REQUEST)

For anyone requesting a Subject Access Request (SAR), they have 40 days to comply and send you all the information they have on you on your accounts.

£10 cheque payment or postal order is required.

Always post by recorded delivery.

When you receive the SAR, you should receive all that is requested within the template, if in doubt just post up here where someone will be able to confirm what is what.

You will or should receive all information going back as far as 6 years, you may be lucky to receive information going back even further, every company varies from one to the other.

Write again to the company if you believe they have not given everything requested, they should write back within a short time and confirm if that is everything they do have on you and your account(s) with them.

You do not always receive recorded discs, however phone calls made Jan 2005 after may have been recorded, where they may then supply the recordings, but otherwise you should receive transcripts of dates, times etc of when calls were made and the reasons for the phone calls.

If there were a joint loan taken out, and you both require details, most companies will want 2 payments of £10 x 2 = £20 cheque or postal order and require 2 signatures, check this with the company concerned to save on time and any come backs.

Again if you feel let down you can always contact the Information commissioners Office, known as the ICO who will be able to direct you here, here is the ICO website for your interest, check this out, as more information will be within their website.
http://www.ico.gov.uk/for_the_public.aspx

Incipience · 2 February 2009 at 5:30PM

di3004 wrote: »

Hi Steve

When did you take out the loan?

I believe before 2005 they were not covered/regulated by GISC where the FSA had taken over these in 2005, I'm sure someone will confirm otherwise.
If for some reason you complained and were not successful you if they were covered you could take your complaint to the Finanical ombudsman service for them to investigate, but they will not do so if they were not covered by these regulated parties, but there is always other options such as court, I heard this option is not that difficult at all, and again I'm sure someone will post up who can help in this situation.

I would still try your luck though by trying to reclaim and complain to the company, check this link out here:
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

There is some useful PPI information and a letter template, obviously write in your own words with your own reasons, they have 8 weeks to respond in full, and post by recorded delivery.
See what response you have and if this is not successful post up and someone will help guide you from here.

I would suggest a SAR though, this is a Subject Access request, there is a template letter for this, they have to supply everything they have on you within 40 days of request, although there is a £10 cheque payment or postal order charge for this, it may be well worth your while.
If you've no agreement, there is normally a charge of a £1 cheque payment for this, contact them first to make sure on the charge then request for this in writing.

In my next post I will post the SAR not to confuse matters, good luck and let us know how you get on.;)

Firstplus were covered by GISC in 2004 and up until the Changeover to the FSA

di3004 · 2 February 2009 at 5:32PM

Incipience wrote: »

Firstplus were covered by GISC in 2004 and up until the Changeover to the FSA

Thanks for confirming this Incipience, I was hoping someone would.
I could not remember what year they were.

Steve this should be more or less straight forward then, If loan was taken out as above post date as from 2004, good luck.;)

Incipience · 2 February 2009 at 5:36PM

di3004 wrote: »

Thanks for confirming this Incipience, I was hoping someone would.
I could not remember what year they were.

Steve this should be more or less straight forward then, good luck.;)

Straight Forward.. Remember we are dealing with FP.. nothing is ever straight forward.

di3004 · 2 February 2009 at 5:39PM

Incipience wrote: »

Straight Forward.. Remember we are dealing with FP.. nothing is ever straight forward.

Oh yes of course....:eek: , well Steve hope its goes all good for you lol.:D

marshallka · 2 February 2009 at 6:07PM

SteveChippy wrote: »

Hi Everyone...

Not sure how I should tackle this one...
A few years ago both myself and wife took out a First Plus loan for around £25,000. Wish I hadn't now..
When we re-mortgaged back in the middle of 2005 we decided to clear the loan etc but had to pay back £37,500 ish due to early repayment etc. Payment protection was included as there was this idea that you could claim this back after 5 years.
Now I'm thinking I had to pay a huge amount back to settle the loan. I cant find the old paperwork, but I'm I able to claim anything back as it has been almost 4 years since we cleared the loan off. Also if I can how do I do this without any of the old paperwork ?

Thanks in advanced
SteveC

Hi Steve, from what the Ombudsman told me in an email Firstplus were covered by the GISC from November, 2001 so if your loan was taken after that date it would be ok to take this complaint to them. I take it you did not use a broker then?

Happy to be corrected if i am wrong but this is a copy of the email sent to me from the FOS

Thank you for your email.

From the information you have provided, it would appear that we cannot deal with your complaint because the business is not covered.

Having looked at the information you have supplied to me, it appears that your complaint against Firstplus Financial Group relates to events which occurred when it was not a member ofthe General Insurance Standards Council (GISC).

On the 14 January 2005, as a result of recent legislation, the Financial Ombudsman Service became responsible for looking into complaints against former members of GISC about events that occurred while the firm was a member of GISC.

I should explain that the firm was a member of GISC from 20 November 2001. I note the policy was sold to you in January 2000. The complaint therefore appears to outside our jurisdiction

PPI Reclaiming Discussion part 4

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