PPI Reclaiming discussion Part III

marshallka

di3004 wrote: »

Hi pinknico
I know, exactly , and of course the adjudicator is unable to say what further issues he raised, but I know I have the letter here from Lloyds to inform me they had shredded the letter I posted to them in 2004 about my PPI query that I asked for a copy of, as they said it was something they do due to their policy prodecures????:rolleyes:
I did confirm this to the adjudicator when he asked if I had a copy of the ppi query here.

Was the letter something to do with when your hubby was out of work and then you tried to claim not knowing he was not covered on this card... .

I can't see that that has anything to do with it though...

di3004

sarah8608 wrote: »

hello all,

i contacted hfc regards ppi we were paying on our credit card which i cancelled 12 months ago and today recieved a letter back stating,
they could not find our original application as legally they only have to keep them for 6 yrs and we have had the account for 13 yrs
and they feel it was added to our policy in good faith and the fact we paid it for 12years would signal that we agreed to the cover .

i wanted some views on this we did pay it but did not realise how useless it was until ppi started to hit the press etc
i believe it was our own stuipid fault we never cancelled it sooner
does any think we should continue trying to claim is that or are we flogging a dead horse
thanks sarah

Hi Sarah

Your not on your own hunni.;)

You could SAR them but they will only go back as far as 6 years with providing your documents, although I was lucky to receive some paperwork that went back as far as 2001 which they generally keep on microfiche.

I don't really know where you would stand in your situation with this going back as far as 12 years in going as far as the Financial Ombudsman service, but if this is a banking complaint the rules may apply but I am sure this will be confirmed to you on here.

Do you want a copy template of a SAR hun, which is known as a Subject access request where they must supply all info they have on your account, like I said going back as far as 6 years, this should still show you had PPI in this?
There is a £10 cheque or postal order charge and they have 40 days from your letter to provide these to you.

As always post by recorded delivery for your proof.;)

If you require the SAR, let me know, cheers and one of us will post up for you.

Di

marshallka

sarah8608 wrote: »

hello all,

i contacted hfc regards ppi we were paying on our credit card which i cancelled 12 months ago and today recieved a letter back stating,
they could not find our original application as legally they only have to keep them for 6 yrs and we have had the account for 13 yrs
and they feel it was added to our policy in good faith and the fact we paid it for 12years would signal that we agreed to the cover .

i wanted some views on this we did pay it but did not realise how useless it was until ppi started to hit the press etc
i believe it was our own stuipid fault we never cancelled it sooner
does any think we should continue trying to claim is that or are we flogging a dead horse
thanks sarah

Can I ask, have they stated they only have to legally keep records for 6 years???



I have seen people get agreements from years ago but 13 years is a long time. Even if they did have the agreement I doubt they would uphold this complaint and then its where to take it from there...??

Would you be prepared to go to the courts as this may be your only option here I am afraid but if you feel that strongly then maybe worth a shot...

I got my copies of agreements going back to 1997 from my bank

di3004

marshallka wrote: »

Was the letter something to do with when your hubby was out of work and then you tried to claim not knowing he was not covered on this card... .

I can't see that that has anything to do with it though...

See I can't remember for definate but I do recall on writing to them to ask if my husband was to become ill even though its my own card, would the conditions apply for me as well for making a claim and I do remember being informed "NO", and I am sure this was the PPI query, but then again I did not cancel as I assumed it was all part of the agreement...... , and yes your right hun, this had nothing to do with hubby - being as he had his own as a principal holder, like I was with mine.....

Doozer_2

Hi Di,

This was their response the my first letter, it is laid out as an investigation, listing my concerns, the investigation and their decision. I have received at least 3 leaflets from RBS up to now and full contact details for the FO are included in the letter as well!

Whilst i feel i do have a case based on being told i would not get the loan without PPI I did clearly sign and agree to it in the contract and therefore my case is based solely on something the natwest employee verbally told me and I believed due to being in a financial mess at the time.

My main concerns are:

1. How keen RBS seem to be in encouraging customers to contact the FOS.

2. They have made me an offer, like with the bank charges reclaiming, if i didnt have a case why would they need to make me an offer?

3. My next step would be to write back to RBS either accepting their offer or telling them the amount i am claiming before contacting the FO. I want to make sure i have calculated the PPI correctly, i assume it is £65 multiplyed by how many months i had the PPI for is this correct?

4. I have decided not to claim for interest, is this ok?

5. My partner wants me to accept the offer and i am inclined to given that i dont have time to pursue this in the next few weeks, plus the money would come in handy but i wondered whether this was a tactic of RBS to draw out the investigation from the origional 4 weeks they stated to over 8 weeks which would bring it up to xmas a time when most people could do with a few extra quid!

Cheers and sorry for all the questions my brain is working overtime!!!

Doozer

pinknico

sarah8608 wrote: »

hello all,

i contacted hfc regards ppi we were paying on our credit card which i cancelled 12 months ago and today recieved a letter back stating,
they could not find our original application as legally they only have to keep them for 6 yrs and we have had the account for 13 yrs
and they feel it was added to our policy in good faith and the fact we paid it for 12years would signal that we agreed to the cover .

i wanted some views on this we did pay it but did not realise how useless it was until ppi started to hit the press etc
i believe it was our own stuipid fault we never cancelled it sooner
does any think we should continue trying to claim is that or are we flogging a dead horse
thanks sarah

Have you still got this card? and have you requested your credit agreement?

pinknico

They have to keep documents from the end of the agreement not the beginning.

sumpy61

Hi all, a question for yourselves if you please from a new member.
I have been awarded my PPI claim from a few of the creditors i have, but as i am on a DMP my creditors have paid themselves the whole amount off the debt, firstly, is this legal? and if so i am using a claims company and they will need to be paid, i would have thought that insurance is seperate to the card spending as it is insurance and should not have been sold, therefore should i recieve the PPI back to me before paying it off that debt, if i so choose or paying another higher debt, in other words can i do anything about the award going straight back to the people i claimed off. bit long but hey im new!

marshallka

pinknico wrote: »

Have you still got this card? and have you requested your credit agreement?

Yeah pinknico, I have just googled this since the "remark" earlier and under section 77/78 of the CCA they have to legally be able to provide you with the agreement if its ongoing i thought... .

di3004

Doozer wrote: »

Hi Di,

This was their response the my first letter, it is laid out as an investigation, listing my concerns, the investigation and their decision. I have received at least 3 leaflets from RBS up to now and full contact details for the FO are included in the letter as well!

Whilst i feel i do have a case based on being told i would not get the loan without PPI I did clearly sign and agree to it in the contract and therefore my case is based solely on something the natwest employee verbally told me and I believed due to being in a financial mess at the time.

My main concerns are:

1. How keen RBS seem to be in encouraging customers to contact the FOS.

2. They have made me an offer, like with the bank charges reclaiming, if i didnt have a case why would they need to make me an offer?

3. My next step would be to write back to RBS either accepting their offer or telling them the amount i am claiming before contacting the FO. I want to make sure i have calculated the PPI correctly, i assume it is £65 multiplyed by how many months i had the PPI for is this correct?

4. I have decided not to claim for interest, is this ok?

5. My partner wants me to accept the offer and i am inclined to given that i dont have time to pursue this in the next few weeks, plus the money would come in handy but i wondered whether this was a tactic of RBS to draw out the investigation from the origional 4 weeks they stated to over 8 weeks which would bring it up to xmas a time when most people could do with a few extra quid!

Cheers and sorry for all the questions my brain is working overtime!!!

Doozer

Hi Doozer

It seems that this is the case lately, is to move on to the FOS for them to investigate, but as it seems you have a good case here it would highly likely go in your favour anyway, but then normally you get the interest added in as well, also 8% of what a court would award.

If you have not already done so, maybe you could request for a copy of the figures of how this was calculated and see which way you would be better off, as they have made you an offer, it depends on if your happy with this or not, but if there was a huge difference in the amounts and they will not budge to go all the way, I would take it to the FOS.

But this is your decision hun and again you have a good case here.

You could also see what others have to say here hunni, good luck.
And don't worry about the questions, lol that's what we are here for.:D

Yes I know what you mean about having the cash right now as it would come in handy, but if they will pay this out before xmas I do not know, but you could always ask them, see what they say.;)