PPI Reclaiming discussion Part III

suckers2008

Hi All

I have just received a letter from Barclays credit card which has attached a copy of the form I ticked agreing to take out PPI back in 2002
I hae already written to the financial ombudsmand as they wrote me a letter saying that I was not mis sold it

My arguement was that I was very young and nieve at the time and didnt know that I couldnt not take it out and I also had PPI on my mortgage and on another card - I wasnt informed that it was only being paid out for 12 months either! I have been paying this PPI for 6 years until I cancelled it last month

Do they have a case to say that I did sign the form?

Incipience

Suckers.. Ticking PPI is after the fact, what you need to argue is why you ticked the PPI, was this after a call from Barclays? Did they advise you on the PPI, if so then it is the Advice, or lack thereof is what you will argue.

As consumer we are all naive to the sales tactics of PPI sales people, and this is what will help you reclaim.

I would withdraw your complaint with the ombudsmen until such times as you can argue why your were mis-sold. Being young and naive is not a fitting reason.

Write back to barclays and ask for a copy of all calls pertaining to the sale of the PPI.

wigginsben

Two issue's... I think i have been mis-sold the PPI so I'm looking into that, but more importantly right now I want to cancel my current PPI cover (purchased at the time I took the loan in 2005) and am worried that when I do I'll still be paying for the premium and the interest generated from this.

Let me try to explain... My loan was for £4,500 but my loan details state that the loan ammount was actually for £5,389.43. So an additional £889.43 for the PPI insurance, I'm assuming. Does this mean I've been paying interest on the PPI premium?! If so will this be scrubbed when it's cancelled and can I claim the interest back when I cancel the cover?

Any tips would be greatfully received, I really dont need the PPI cover as my job and income is very definately secure (which is lucky this day and age) so I dont want to pay for something I dont need.

Thanks to all in advance,

Ben

Incipience

Yes you have been paying interest on the PPI premium at the same rate as your loan.

Write to the lender requested a Subject Access to all the information pertaining to your account with them, and to include copies of all calls and correspondence. Templates are available on here.

Once you have this information you are in a better position to fight your claim.

Alternatively you can simply write to the lender and request that they refund that PPI and interest applied plus statutory interest at 8% on the basis that you believe that you were mis-sold the PPI and/or that it is not fit for purpose.

Try not to get into details as to why you think you were missold as the burden of proof lies in the hands of the lender.

Best of Luck and be sure to let us know how you get on.

di3004

Wow Pinknico and Incipience have been rather busy today then lol.


Here is the SAR template for Suckers and the others posted if required here:


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

di3004

Incipience

Any further thoughts on a word New wording SAR?;)

nutmeg

hi all
my eight weeks were up yesterday, recieved letter today:


Sorry for the delay in responding to your complaint

Details of ypur complaint have been referred to Customer Relations for a review in accordence with our Internal Complaints Procedure. We're currently investigating the issues you have raised and will write to you again, once we're in a position to provide you with a full responce.

Thank your for your patience. To comply with legislation, i would like to let you know that if you remain unhappy you can refer your concerns to the Financial Ombudsman Service

Your concerns will be dealt with as quickly as possible.

any suggestions as to what i do next? thanks

di3004

nutmeg wrote: »

hi all
my eight weeks were up yesterday, recieved letter today:


Sorry for the delay in responding to your complaint

Details of ypur complaint have been referred to Customer Relations for a review in accordence with our Internal Complaints Procedure. We're currently investigating the issues you have raised and will write to you again, once we're in a position to provide you with a full responce.

Thank your for your patience. To comply with legislation, i would like to let you know that if you remain unhappy you can refer your concerns to the Financial Ombudsman Service

Your concerns will be dealt with as quickly as possible.

any suggestions as to what i do next? thanks

Hi nutmeg

Who was this company now hun?

You have a choice now really, you can either wait to see what they come up with next, or go to the FOS from here.
If you decide to take this to the FOS, remember to write back to the company enclose a completed copy of your complaint form, tell them you feel it was time to move on to the Financial ombudsman service as you believe they have had ample time to resolve your complaint and you enclose a copy of the complaint form for their records and interest.

Now they may still reconsider while your complaint is with the FOS, if this is successful, just let the FOS know.

As you know enclose copies of correspondence with the complaint form to the FOS.;)

You can download the form or ring them to ask if they can send one through the post, after completion, photocopy another 2, one for the finance company and the other to keep for yourself.

But this is up to you hun on what you feel is best, sometimes this way can make them work and consider this quicker for you.
http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Keep us posted hun, we are here to help.....:D and good luck X

tafstar71

Hi, I'm new to all this, and am hoping someone can help me!! Contacted loans.co.uk about an ongoing ppi claim, and asked, if my claim is upheld, how would the monies be refunded. The reply was that the premium itself (£8100) would be credited to the loan, and interest on premiums already paid would be a cheque to myself. Can they do this, because I will still be paying interest on that £8100, I have spoken to the actual loan company, and they have said that the £8100 being refunded wouldn't bring my monthly repayment down

tafstar71

Ref last post! In the success forum, the majority seem to have simply had a cheque for the full amount