PPI Reclaiming discussion Part III

malenurse

HI ALL,
I requested from my bank a copy of loan documentation of all my loans old and current last Nov.24. Today, I received a letter from them saying....

Dear ___,
For the data protection act to apply information which is not stored electronically needs to be held in a structured format which is easily accessible. an example of this would be if information was filed in alphabetical order, referring to the name of the customer and then the file itself was broken down into different topics. information held in such a structured format is known as a Relevant Filing System.
Part of your SAR, the consumer Credit agreement would not generally be held by the bank in a relevant filing system and as such would fall out with scope of the act- this would mean that you would not be entitled to it under the data protection act.
If you have any quer............blablabala

What is my next move? They are trying to block my claims even if I haven't started my claims yet. I rang them and they said they can't locate any copy of loan documentations in my bank.

maxdp

Hi Marshallka

Gosh things have been getting a bit heated on here.:mad: Been reading back a bit.:eek: and missed all the fun.

Take no notice Marshallka think they think when you are asking questions so that you can clarify points you are disbelieving them.

Anyway have just put tree up, went out in the garden and when I came back in it had fallen over. Looks OK now as long as nobody walks near it.:D

maxdp

malenurse wrote: »

HI ALL,
I requested from my bank a copy of loan documentation of all my loans old and current last Nov.24. Today, I received a letter from them saying....

Dear ___,
For the data protection act to apply information which is not stored electronically needs to be held in a structured format which is easily accessible. an example of this would be if information was filed in alphabetical order, referring to the name of the customer and then the file itself was broken down into different topics. information held in such a structured format is known as a Relevant Filing System.
Part of your SAR, the consumer Credit agreement would not generally be held by the bank in a relevant filing system and as such would fall out with scope of the act- this would mean that you would not be entitled to it under the data protection act.
If you have any quer............blablabala

What is my next move? They are trying to block my claims even if I haven't started my claims yet. I rang them and they said they can't locate any copy of loan documentations in my bank.

Never heard of that one before. Could you check with the Information Commissioners Office where you stand on this.

maxdp

Natalie6999 wrote: »

The caseworker has said that I should have fully understood what I was signing & fully read the booklet that they sent.

Its a bit hard to read a 14 page booklet with microscopic type when you have got a courier stood on your doorstep while you sign the agreement.

She also says that I could have claimed when I was off sick for six months, but when I got the claim form to complete, it read that pre existing conditions were not covered, ie asking if I knew that I was suffering from that condition when I took out the loan.

Don't give up on this one. It is up to them to make if clear and enable you to understand what you are taking on to make an informed decision. Hiding behind paperwork is not conducive to good practice.

Write a second letter reiterating your claim and tell them that if you do not hear back by such and such date you will take the matter to the FOS

Natalie6999

showergirl wrote: »

This is one of the concerns the FSO has. That people sign agreements quickly because a courier is waiting. I never received any booklet about ppi. I did not need ppi as I get paid from work if I am off sick and both my partner and I have secure jobs. Go to the FOS you have nothing to lose and everyone is here to support you. Can't wait to hear from Tesco, but I don't hold much hope after hearing your news. GOOD LUCK. Keep in touch and let us know how you get on

I have just got off the phone with Tesco PF, after re-reading the letter they sent me I noticed that the loan agreement stated that pre existing conditions were excluded from the policy & the policy booklet stated that pre existing conditions were not excluded - clear as mud or what?

After a lot of stammering the caseworker asked me if she could ring me back after taking advice.

Lets wait & see.

maxdp

Natalie6999 wrote: »

I have just got off the phone with Tesco PF, after re-reading the letter they sent me I noticed that the loan agreement stated that pre existing conditions were excluded from the policy & the policy booklet stated that pre existing conditions were not excluded - clear as mud or what?

After a lot of stammering the caseworker asked me if she could ring me back after taking advice.

Lets wait & see.

Fingers crossed Natalie. Hope you get a good response.:D

showergirl

Natalie6999 wrote: »

I have just got off the phone with Tesco PF, after re-reading the letter they sent me I noticed that the loan agreement stated that pre existing conditions were excluded from the policy & the policy booklet stated that pre existing conditions were not excluded - clear as mud or what?

After a lot of stammering the caseworker asked me if she could ring me back after taking advice.

Lets wait & see.

You go girl. Don't let them get you down. Let us know what happens.GOOD LUCK

malenurse

maxdp wrote: »

Never heard of that one before. Could you check with the Information Commissioners Office where you stand on this.

I just check with the info commissioners office and they said the bank is partly right beause it falls under the Credit consumer act. they can't make the bank produce any copy under the data protection act. The request should be under the credit consumer act.
I rang the the office of the fair trading just now and they said if I want copies of documentation requested use the credit consumer act. they are going to ring me and give the specific paragraph to use for the request because CCA is as thick as a telephone directory.

pinknico

malenurse wrote: »

I just check with the info commissioners office and they said the bank is partly right beause it falls under the Credit consumer act. they can't make the bank produce any copy under the data protection act. The request should be under the credit consumer act.
I rang the the office of the fair trading just now and they said if I want copies of documentation requested use the credit consumer act. they are going to ring me and give the specific paragraph to use for the request because CCA is as thick as a telephone directory.

Can you let us know that quote:D May help a lot:A

pinknico

Natalie6999 wrote: »

I have just got off the phone with Tesco PF, after re-reading the letter they sent me I noticed that the loan agreement stated that pre existing conditions were excluded from the policy & the policy booklet stated that pre existing conditions were not excluded - clear as mud or what?

After a lot of stammering the caseworker asked me if she could ring me back after taking advice.

Lets wait & see.

If you dont get your money back I will be:mad: :eek: :eek: :mad: