PPI Reclaiming discussion Part III

marshallka

Incipience wrote: »

Case and Point.. Forget PPI

Incipience, I will PM you either tonight or tomorrow...did you find them useful or not... .

Incipience

I have hammered this issue to death, and even when I try to argue against the point, with more questions, it comes back to common law, and regardless of financial regulations common law trumps it.

guccicoo

Hi

I have been reading so may positive results, and wonder if someone can help? I have put in a claim to RBS (MINT), this was approx 3 months ago. Initially received letter... we are investigating your complaint... Then today received a letter telling me that as the application was by post PPI was not mis-sold. I cannot recall ever sending an application by post or ticking the box. The application was made in 1997, so over 10 years ago.

Does anyone have any advice. What should I do next?

All advice welcome.

Many thanks

Incipience

Request a copy of the contract in the first instance.

marshallka

guccicoo wrote: »

Hi

I have been reading so may positive results, and wonder if someone can help? I have put in a claim to RBS (MINT), this was approx 3 months ago. Initially received letter... we are investigating your complaint... Then today received a letter telling me that as the application was by post PPI was not mis-sold. I cannot recall ever sending an application by post or ticking the box. The application was made in 1997, so over 10 years ago.

Does anyone have any advice. What should I do next?

All advice welcome.

Many thanks

Was this a loan or credit card??

Also when was this contract terminated..;) if it was??

marshallka

lilylump wrote: »

I presume it was unregulated as it over £25k

Lilylump, I have left a post for you on your thread..;)

guccicoo

It was a credit card, the PPI was cancelled a few months ago just before I lodged the complaint, however the account is still active.

Cheers

marshallka

guccicoo wrote: »

It was a credit card, the PPI was cancelled a few months ago just before I lodged the complaint, however the account is still active.

Cheers

If the account is still active then you should be able to get a copy of the agreement I would think. You can request this either by paying £1 and asking for a copy or by paying £10 and getting a SAR (subject access request) from them. The agreement has to be supplied in 12 days and the SAR within 40 says. In the SAR you would get all information from them that they hold usually going back 6 years but I have requested my SAR from my bank and they sent things going back to 1997....

If you want a template for the SAR there is one below... it may throw some light on this but no guarantees..

ALways send things recorded delivery so you have proof but suppose you already know this but just in case...




SAR - SUBJECT ACCESS REQUEST

Dear

Re: Account number:

In the first part under the Data Protection Act 1998:

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with a complete list of transactions and charges relating to the above accounts held with you since they were opened.

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 data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.


For the avoidance of any and all doubt, I reiterate:

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 any/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).

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, within the above mentioned time scale, 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 XXXXX about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request.

This communication has been sent Recorded Delivery so I can ensure compliance on these issues within the legislative timeframes.

Yours Sincerely

nutmeg

Hi
was just reading through the posts, and was wondering if, when you settle a loan early are you supposed to get some sort of correspondence from your bank? eg rebate awarded, or penelty for early settelment etc

marshallka

nutmeg wrote: »

Hi
was just reading through the posts, and was wondering if, when you settle a loan early are you supposed to get some sort of correspondence from your bank? eg rebate awarded, or penelty for early settelment etc

What do you mean by correspondence here Nutmeg... . Do you mean a settlement figure and breakdown...

It would also depend on what regs were used at the settlement too about the rebate... eg 1983 or 2004... one was rule of 78 and for loans TAKEN before 31st May of 2005 and one for 2004 early settlements for loans TAKEN from 31st May 2005....