PPI Reclaiming discussion Part III

marshallka

Credit-Crunched wrote: »

All good thanks, you?

See, i told you i could be of assitance, even if certain posters believe i am advertisng my servces? weird :rolleyes:

Meaning..... I assume my comments....:rolleyes: .

You have come on here and slated "PPI reclaimers" and I bite back and then you wonder....:rolleyes:

di3004

mlucyminx wrote: »

hi there.

Have been in a different forum for advice on another matter.

They told me to look in sticky file.

What is a sticky and how do i get to it?

I know this isnt to do with ppi but I didnt know who else to ask x

Hi hun.;)

I take it a sticky is one that is not removed from the thread sort of thing.;)
It should state "sticky" underneath the actual Subject.;)

Hope this helps hun.
Di
x

marshallka

Darth_chaffinch wrote: »

I applied for my Egg loan initially over the web, and no recollection of ticking or unticking a box saying No to PPI (do they have to prove I didn't request it???), then a few years later I re-financed the loan but this time over the phone- I have no recollection of asking for PPI, must they prove I did ask for it please??
Great news about Egg though- does this mean I'm/we all are likely to get repaid the PPI?!?!?

Often if PPI is added on the first loan then they add it automatically on the others too. If you have no recollection of ticking the box then you could request a copy of the agreement for £1. Now they have been fined I bet they are taking more notice of complaints now. Have you actually made the complaint yet??

marshallka

Darth_chaffinch wrote: »

The internet app. as summer 2000, and the phone re-finance was in Summer 2003. I have made a SAR and request repayment under the fact that I didn't ask for it, they have never supplied proof that I did. I have a case right?!?

Thanks

Your SAr could take up to 40 days to come through...

I would just wait for their first reply now and you may get lucky...;)

marshallka

Darth_chaffinch wrote: »

Thanks Crunched- I seem to remember that I had a follow up phone call, but have never knowingly asked for PPI (as it bumped the repayments up), isn't the onus on banks to prove I did request it? Even so, the initial app was in 2000 (so over 6 years), but the refinance app was over the phone and I would again not have asked for PPI. Have I got this all wrong?
P.S. I have had details of accounts back, but no info on the requesting (or not!) PPI- do I have to pay them another £10 just for the phone recordings?

Everything including any recorded phone calls should be included already in the SAR request...

marshallka

mlucyminx wrote: »

hi there.

Have been in a different forum for advice on another matter.

They told me to look in sticky file.

What is a sticky and how do i get to it?

I know this isnt to do with ppi but I didnt know who else to ask x

If its a sticky in the loans section then click loans at the top of the page and look at the stickies down the side.

roar349

Credit-Crunched wrote: »

Companies of this size will have a copy of your initial credit agreement, they are held up to 5 years after termination of contract so you are well within this time scale.

Ask to see the inital credit agreement, max charge of £10 for access to information from a banking institute.
Sadly, an electroinc signature holds the same weghting in court as a written one. And you you opted for the ppi without any human contact then you will most likely be liable for it.

HOWEVER, some good news. Recent changed to the opting out of information rendered some previous applications open to question.

Tick boxes were deemed to be misleading if you had to opt out of a contact.

i.e

tick here if you don NOT want ppi

So on the agreement / app form if you feel that the wording is any way misleading i would go down that route.

hope this helps

Do I just ring them for this? Or use one of the template letters? Can't see anything in the templates for requesting a SAR.

Thanks

Darth_chaffinch

marshallka wrote: »

Often if PPI is added on the first loan then they add it automatically on the others too. If you have no recollection of ticking the box then you could request a copy of the agreement for £1. Now they have been fined I bet they are taking more notice of complaints now. Have you actually made the complaint yet??

Thanks marshalka, yes I've just sent a 2nd letter which they've aknowledged. Fingers crossed!!

marshallka

roar349 wrote: »

Do I just ring them for this? Or use one of the template letters? Can't see anything in the templates for requesting a SAR.

Thanks

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

Credit-Crunched

marshallka wrote: »

I thought they held records for six years from when you closed the account and also sometimes 7 for tax purposes. Why do you say only 5??

I say five because the correct time is five years.

I am trying to help people and your constant berating and questioning is getting a little annoying. Do you want people to help on this board, if so lose the playground attitude, if not i will gladly leave allowingyou to relay incorrect information to people.

Pension transfers = documents kept indefinitely
Other charges i.e loans and mortgage = 5 years