PPI Reclaiming discussion Part III

marshallka

sammy452 wrote: »

Hi
My husband has PPI on his credit card and we received a response today after the first template letter sent. They do not believe he has been missold and have attached a copy of a database print out with all his details on. The print out states it was an internet application and just says payment protection insurance, it does not say that this was requested by him there are no ticks etc it merely states it is attached to his card. They also stated he was sent a copy of the terms and conditions. Should we now ask for proof of him requesting this? What is the best way forward? The card dates back to 2002, is anyone aware whether Egg had a preticked opt box at this tim?

Thanks guys.

This is just them trying to get out of it and trying to say you "opted" for it. You really need to get back to them on this and state again that you did not opt for this at the time and believe that the box was pre ticked and that is how it appeared. Perhaps have a look back at other people complaints too and see how they responded to it. This is not a final response I take it and therefore you can state your argument again.

There was someone recently who has now taken the complaint to the FOS in the same situation as yourself. It was TomM.

marshallka

Natalie6999 wrote: »

I've just received my December statement for my card, I am trying to reclaim my PPI, and have noticed that they have stopped charging me for it, does this mean that something is finally happening?

Does anyone know which bank backs M & S Money?

They may have just cancelled it knowing that you are now complaining about it. Did you request it to be cancelled by them??

Natalie6999

marshallka wrote: »

They may have just cancelled it knowing that you are now complaining about it. Did you request it to be cancelled by them??

No I didn't, but I'm not complaining that they have stopped charging me for it.

di3004

marshallka wrote: »

If I do not then I have gone as far as I can go without involving the courts in this and if that is my next step then I will do it. They are not getting off scot free as there are so many other things wrong in this sar and agreement. If nothing is happening after new year then I shall start the ball rolling in other avenues...;)

Glad to hear it hun......good for you.....:T :T .

di3004

sammy452 wrote: »

Hi
My husband has PPI on his credit card and we received a response today after the first template letter sent. They do not believe he has been missold and have attached a copy of a database print out with all his details on. The print out states it was an internet application and just says payment protection insurance, it does not say that this was requested by him there are no ticks etc it merely states it is attached to his card. They also stated he was sent a copy of the terms and conditions. Should we now ask for proof of him requesting this? What is the best way forward? The card dates back to 2002, is anyone aware whether Egg had a preticked opt box at this tim?

Thanks guys.

You could SAR them, where you may be lucky enough for them to supply you now with the last 6 years of the information they have on your hubby.

They must supply everything they have on your husband with his accounts with them and have 40 days to do so, although there is a charge of £10 cheque or postal order payment for this, post by recorded delivery for your proof and to keep a check on the 40 days.;)

One of us will post this in a min if you require this.
Oh the SAR is known as a Subject Access Request.;)

maxdp

marshallka wrote: »

I was that age when my dad "started" to die if you know what I mean. He had cancer first time then and died when i was 19.. It was a horrible time and I just wish he had been around to see his grandkids. I don't really get along that well with the rest of my family now but we speak.... thats when Christmas can really hurt some people. I am grateful for my kids....:A

I am sure he would have been very proud of you Marshallka and your wonderful kids;)

di3004

Sammy as promised, this is the most popular SAR letter templated used on here, if you want to do this: Good luck.;)



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

maxdp wrote: »

I am sure he would have been very proud of you Marshallka and your wonderful kids;)

And I must agree.;) :A xx

marshallka

maxdp wrote: »

I am sure he would have been very proud of you Marshallka and your wonderful kids;)

I very much doubt it there maxdp... I an hear him now saying that you got yourself into this mess and you make your bed and lie in it...:o .

I was proud of him though being my dad but just wish I could have had time to have been a better daughter and not a teenage little sh*t...:o .

I wish I could have my time again.

di3004

marshallka wrote: »

I very much doubt it there maxdp... I an hear him now saying that you got yourself into this mess and you make your bed and lie in it...:o .

I was proud of him though being my dad but just wish I could have had time to have been a better daughter and not a teenage little sh*t...:o .

I wish I could have my time again.

Marshallka we know your dad would be very proud of you hunni, no matter what, you were still his little girl....;) and right now look what you do for others with all your help and support here.:A xx

We were all rebels as teenagers lol x