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PPI Reclaiming discussion Part III

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  • marshallka
    marshallka Posts: 14,585 Forumite
    You see this is where I get confused (don't take much does it? :p ) would a SAR hold details of the conversation on the phone when I asked for the top up loan? It's just if I going to ask for ppi back stating I already had some kind of life insurance and covered by work sick payments etc, I wasn't really aware of what I was signing for (who did? :confused: ) then that would hold details mentioning ppi being added (I don't think it was but then the phone call was back in 2006) so if I made a claim then they would come back and say 'you've been paying it for over 2 years and you just realise now'????

    I have had a look at old documents I hold and the ticks were made by a computer, it also states that I was advised to take out ppi and I agreed to it. I don't dispute this, I think I want to dispute that I didn't understand what it was and if I was already covered then I certainly wouldn't have willingly paid over £1500 for something.

    As for Capital One I only remember ticking what design I wanted on my card! :o So would a CCA request show this?

    I am also on a DMP and don't want to dispute any debt, I know what I spent (I did have fun :D ) so starting this would it put my payment methods in jeopardy?

    By the way this thread feels like that Darius fella has been on - Can you feel the love in this room? :rotfl:
    Right if the top up was done over the phone then yes there is a good chance that there is a copy of the phone call but not 100%. You could request the sars and also put the complaints in as the SARs take about 40 days to come through. If you feel you need some concrete evidence from the SAR then wait for it first.

    A template letter is below

    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



  • marshallka
    marshallka Posts: 14,585 Forumite
    You see this is where I get confused (don't take much does it? :p ) would a SAR hold details of the conversation on the phone when I asked for the top up loan? It's just if I going to ask for ppi back stating I already had some kind of life insurance and covered by work sick payments etc, I wasn't really aware of what I was signing for (who did? :confused: ) then that would hold details mentioning ppi being added (I don't think it was but then the phone call was back in 2006) so if I made a claim then they would come back and say 'you've been paying it for over 2 years and you just realise now'????

    I have had a look at old documents I hold and the ticks were made by a computer, it also states that I was advised to take out ppi and I agreed to it. I don't dispute this, I think I want to dispute that I didn't understand what it was and if I was already covered then I certainly wouldn't have willingly paid over £1500 for something.

    As for Capital One I only remember ticking what design I wanted on my card! :o So would a CCA request show this?

    I am also on a DMP and don't want to dispute any debt, I know what I spent (I did have fun :D ) so starting this would it put my payment methods in jeopardy?

    By the way this thread feels like that Darius fella has been on - Can you feel the love in this room? :rotfl:

    A guide is here for the reclaim letters etc
    Just take a look at the link here and see what you can add and delete from the template letter. Its always best to do your own from this. There are lots of reason on there for the misselling so pick out the ones that are applicable to yours.

    You then write to the firm that actually made the sale of the PPI to you if this is different from the lender and don't forget to send this recorded delivery so you always a proof and dates etc.

    After that you have to give them 8 weeks for a full and final response. In this time it is usual to get a response of "sorry we sold this to you fairly" but you then respond to this and reiterate your complaint again. The next time they write they either give you a final response which you would need in order to take this complaint to the FOS or offer to settle.

    http://www.moneysavingexpert.com/rec...urance#reclaim


    Good luck
  • di3004
    di3004 Posts: 42,579 Forumite
    Watching Eastenders now lol, catch you later folks.:D x
    The one and only "Dizzy Di" :D
  • Marshallka you are great! :T :A

    If I knew where you lived I would come round to your house with some Quality Street and not the crappy carton boxes with about 10 sweets in, no no no a big tin of 'em! :D
    take care and thanks very much your advice is always appreciated :beer:
    DMP support thread member 211 :cool:
    I'm only here to get some medals......honest! :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    Marshallka you are great! :T :A

    If I knew where you lived I would come round to your house with some Quality Street and not the crappy carton boxes with about 10 sweets in, no no no a big tin of 'em! :D
    take care and thanks very much your advice is always appreciated :beer:
    Arr thanks for that. My daughter says give the address out on the site...:eek:

    Let us know how you get on and extra good luck toffee penny..
  • di3004
    di3004 Posts: 42,579 Forumite
    Just eaten chunky tuna steaks with chilli & garlic sauce with boiled rice, it was yummy but hot stuff......:eek: :p:D .
    Enjoyed Eastenders as well lol....:D
    The one and only "Dizzy Di" :D
  • di3004
    di3004 Posts: 42,579 Forumite
    marshallka wrote: »
    Arr thanks for that. My daughter says give the address out on the site...:eek:

    PMSL......:rotfl: :rotfl: , bless her lol :D
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    di3004 wrote: »
    PMSL......:rotfl: :rotfl: , bless her lol :D
    Just had to get a selection box down now cause we are all thinking of choccie....;)
  • di3004
    di3004 Posts: 42,579 Forumite
    marshallka wrote: »
    Just had to get a selection box down now cause we are all thinking of choccie....;)

    LMAO, I was like that in the evening yesterday, I needed a pick me up, went to have a look and hubby hid them........:eek: , he know's what I'm like lol, so I opened the tin of roses instead lmao......:rotfl: .

    Enjoy your choccies yummy :p:p:D
    The one and only "Dizzy Di" :D
  • maxdp
    maxdp Posts: 3,873 Forumite
    di3004 wrote: »
    Hey I will have to try that one out then lol.....the only one I can get really snappy with is the hubby, People have always said to me no matter what the day has brought me I still manage to have a laugh and a permanent grin lol.:rotfl: :rotfl: :D

    Di that is good you are the eternal peace maker and there is no probs with that.:confused:
    :mad:
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