PPI Reclaiming discussion Part III

thatsmine

ok, here goes another newby im affraid.
I have had a credit card from MBNA since Feb 2000 and was sold PPI even though they knew I was self employed.
I have statements from march 2000 to April 2002 inclusive on which it states my account no. for arguments sake we will call No.001.
My credit card and statements for May 2002 to September 2002 were stolen
in september 2002 and I was issued a new card and given a new ac No. again for arguments sake No.002 for which i have statements from october 2002 to present inclusive and on each and every statement I have been charged PPI. As I understand I have a definite right to claim back PPI payments made on Ac No.002 back to January 2003 to present, but do I have a right to claim (without asking for copies of missing statements and probably delaying matters) for the period from March 2000 to April 2002 on Ac No.001. I fear that asking for copies of missing statements and claiming for the 3 months outside of the six year deadline may jeapordise my claim.
I hope this is not too complicated to answer and wish to thant you in anticipation.

di3004

thatsmine wrote: »

ok, here goes another newby im affraid.
I have had a credit card from MBNA since Feb 2000 and was sold PPI even though they knew I was self employed.
I have statements from march 2000 to April 2002 inclusive on which it states my account no. for arguments sake we will call No.001.
My credit card and statements for May 2002 to September 2002 were stolen
in september 2002 and I was issued a new card and given a new ac No. again for arguments sake No.002 for which i have statements from october 2002 to present inclusive and on each and every statement I have been charged PPI. As I understand I have a definite right to claim back PPI payments made on Ac No.002 back to January 2003 to present, but do I have a right to claim (without asking for copies of missing statements and probably delaying matters) for the period from March 2000 to April 2002 on Ac No.001. I fear that asking for copies of missing statements and claiming for the 3 months outside of the six year deadline may jeapordise my claim.
I hope this is not too complicated to answer and wish to thant you in anticipation.

Hiya hun and welcome.;)

I would say you stand a chance here hun and if you have not got all the statements you could request a SAR known as a Subject Access Request where I will add the SAR letter template for you in another post in a minute, by requesting this, they MUST provide you with EVERYTHING they have on you on your accounts within 40 days.

Post by recorded delivery for your proof and to keep a check on the 40 days they have to provide these to you.

You can still try to reclaim while waiting for the SAR, as long as you have your personal details and address and so on that will be fine.

Here is a link to a reclaim complaint letter and information here:
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

There is some useful PPI info which will give you an idea from here and a letter template to help guide you, but try to use your own words if you can with obviously your own reasons, they have 8 weeks to respond in full.

Another letter maybe required or they may suggest the Financial ombudsman service if eligible, but if you let us know when you hear we can help take this to the next step.
As always post by recorded delivery.

I will post the SAR template for you shortly, but if you feel you have been mis sold in any way then still continue to write to them and complain, the SAR documents may come in handy later on.


Good luck hunni.
Di

marshallka

thatsmine wrote: »

ok, here goes another newby im affraid.
I have had a credit card from MBNA since Feb 2000 and was sold PPI even though they knew I was self employed.
I have statements from march 2000 to April 2002 inclusive on which it states my account no. for arguments sake we will call No.001.
My credit card and statements for May 2002 to September 2002 were stolen
in september 2002 and I was issued a new card and given a new ac No. again for arguments sake No.002 for which i have statements from october 2002 to present inclusive and on each and every statement I have been charged PPI. As I understand I have a definite right to claim back PPI payments made on Ac No.002 back to January 2003 to present, but do I have a right to claim (without asking for copies of missing statements and probably delaying matters) for the period from March 2000 to April 2002 on Ac No.001. I fear that asking for copies of missing statements and claiming for the 3 months outside of the six year deadline may jeapordise my claim.
I hope this is not too complicated to answer and wish to thant you in anticipation.

Hi, sometimes self employment is actually covered for the PPI and it would state this in your terms and conditions. If this is the only reason for you making the claim then I would check this out before sending them a letter to state otherwise. This could be refused if they do cover you and its a wasted claim. Usually if you are working and have been for 6 months continuous and paying class 2 NI then you may be covered.

You do have a right to claim back to whatever date you can but they sometimes only keep records for 6 years after an account is closed. Asking for the SAR may bring these up but like I say, as this dates back to April 2000 on the closed account then they may not have these.

di3004

Thatsmine

Here as promised is the SAR letter template to request for all information you require, but please bear in mind they only generally provide as far back as 6 years, although some are lucky to receive docs going back even further.;)

Also just to say there is a £10 cheque or postal order payment for this to enclose with the SAR, good luck hun.;)

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

Sorry "thatsmine" forgot to mention about checking the terms & conds, like Marshallka said, if you have these on hand, please check them as some terms & conds vary from one finance business to another.;)

Cheers Marshallka lol.:D

marshallka

di3004 wrote: »

Sorry "thatsmine" forgot to mention about checking the terms & conds, like Marshallka said, if you have these on hand, please check them as some terms & conds vary from one finance business to another.;)

Cheers Marshallka lol.:D

I wouldn't want someone to make their complaint on the basis they were self employed and that is what "thatsmine" stated as the basis for the complaint and then find out that they write back to say they are actually covered. Its then a wasted complaint and they would find it hard to make another.

I think its best to find this out first Di...just my view but entirely up to the poster. I also would not request the SAR until this is cleared up either as its probably a waste of £10.

di3004

marshallka wrote: »

I wouldn't want someone to make their complaint on the basis they were self employed and that is what "thatsmine" stated as the basis for the complaint and then find out that they write back to say they are actually covered. Its then a wasted complaint and they would find it hard to make another.

I think its best to find this out first Di...just my view but entirely up to the poster

Yes definately check out those terms and conditions first and the mis selling list if any of that also occurred but these terms & conds to tend to vary don't they?
Thanks for bringing that one up hun, I totally forgot to add that in the first posting lol......:o

Think "thatsmine" has signed off for now but hopefully will be back to check later x

miamoo

Hi again, my boyfriend has spoken to the bank again, they definatly dont know where the loan form is. She said they "considered the option of giving him a new loan with the PPI removed, but that they couldn't" My boyfriend didn't think anything of it, but straight away I thought how do they know that they can't? Are they allowed to apply for a loan in his absence? and how would we know if they have!? (he doesn't want any refusals showing as he wants a 0% virgin card for a balance transfer ASAP). Please help, am I panicing over nothing?

marshallka

miamoo wrote: »

Hi again, my boyfriend has spoken to the bank again, they definatly dont know where the loan form is. She said they "considered the option of giving him a new loan with the PPI removed, but that they couldn't" My boyfriend didn't think anything of it, but straight away I thought how do they know that they can't? Are they allowed to apply for a loan in his absence? and how would we know if they have!? (he doesn't want any refusals showing as he wants a 0% virgin card for a balance transfer ASAP). Please help, am I panicing over nothing?

I wouldn't say they would be allowed to apply for a new loan without his consent and also did you send the letter off asking for a copy of the agreement under section 77/78??

You will get some people now stating "no agreement, no loan" but I don't know how the law works on this one. They are definately in breach if they do not have this and you need to perhaps start another thread about this for more help from the pro's.;)

I definately think you have something on them here and you start "negotiations"...

Credit-Crunched

HI, i am not sure of your case history so i cant advise on this psrticular one, but just for your notes and future reference

"(he doesn't want any refusals showing as he wants a 0% virgin card for a balance transfer ASAP)."

Applications declined are not deemed as black listed apps, this is just a myth, the only 'negative' impact it will have is what is called a credit search footprint.

So if he is declined then this does not adversly affect his credit rating apart from the additionalk search, this level of detail is not passed between lenders.

Hope this helps