PPI Reclaiming discussion Part III

marshallka

di3004 wrote: »

Hope this all sorts out very soon hun, good luck.

Does anyone know how long these finance companies have off for their Xmas hols this year? Thanks.:D

I would think its the official "BANK" holidays Di...:rotfl:

hayjamdan

hi marshallka just querying something with u pls. wrote to barclaycard about mis-sold policy on card as i cant recall signing or ticking for ppi i sent letter on 15 of dec and got a reply today saying the policy wasnt missold because they gave me the option of cancelling b4 the cooling off period finished they also said i called them on the 15 of september to cancel the policy and i didnt question why i had it, now i dont remember doing such a thing because i only notice this ppi on a old statement just this month dont no wat to think. they also told me to consider this letter as there final response and they sent me a leaflet about the fos what do u suggest i do. took card out on 29th of december 2003 they said i cancelled on the 15 sep 2005

marshallka

hayjamdan wrote: »

hi marshallka just querying something with u pls. wrote to barclaycard about mis-sold policy on card as i cant recall signing or ticking for ppi i sent letter on 15 of dec and got a reply today saying the policy wasnt missold because they gave me the option of cancelling b4 the cooling off period finished they also said i called them on the 15 of september to cancel the policy and i didnt question why i had it, now i dont remember doing such a thing because i only notice this ppi on a old statement just this month dont no wat to think. they also told me to consider this letter as there final response and they sent me a leaflet about the fos what do u suggest i do. took card out on 29th of december 2003 they said i cancelled on the 15 sep 2005

Right you could request proof of this in a SAR from them as this is all the information they hold of you and this could throw up something of the phone call or not????? Also this would give you an idea of how it was sold to you too. Its costs you £10 and they have to send it within 40 days. I would send this recorded delivery so you have proof and in the meantime you have had the final response so if you are sure you did not make this request to cancel then take this complaint to the FOS stating this and that you were missold too with the reasons you stated to Barclaycard.

You may benefit from writing again to Barclaycard and stating you have requested a SAR from them for this PROOF as then they know you mean business and may respond again. Its only a slight chance they may respond though as they have sent you a final.

Good luck

There is a template for the SAR here if you do go this way..



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

hayjamdan wrote: »

hi marshallka just querying something with u pls. wrote to barclaycard about mis-sold policy on card as i cant recall signing or ticking for ppi i sent letter on 15 of dec and got a reply today saying the policy wasnt missold because they gave me the option of cancelling b4 the cooling off period finished they also said i called them on the 15 of september to cancel the policy and i didnt question why i had it, now i dont remember doing such a thing because i only notice this ppi on a old statement just this month dont no wat to think. they also told me to consider this letter as there final response and they sent me a leaflet about the fos what do u suggest i do. took card out on 29th of december 2003 they said i cancelled on the 15 sep 2005

There is also the link here for the complaint to the FOS

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

hayjamdan

marshallka wrote: »

Right you could request proof of this in a SAR from them as this is all the information they hold of you and this could throw up something of the phone call or not????? Also this would give you an idea of how it was sold to you too. Its costs you £10 and they have to send it within 40 days. I would send this recorded delivery so you have proof and in the meantime you have had the final response so if you are sure you did not make this request to cancel then take this complaint to the FOS stating this and that you were missold too with the reasons you stated to Barclaycard.

You may benefit from writing again to Barclaycard and stating you have requested a SAR from them for this PROOF as then they know you mean business and may respond again. Its only a slight chance they may respond though as they have sent you a final.

Good luck

There is a template for the SAR here if you do go this way..



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

thanks mashallka they also stated that they have ordered a copy of my application form showing that i choose to take out the ppi and i shall recieve this in 4 weeks time. wat do u think of this

marshallka

hayjamdan wrote: »

thanks mashallka they also stated that they have ordered a copy of my application form showing that i choose to take out the ppi and i shall recieve this in 4 weeks time. wat do u think of this

I think that is a usual fob off and it proves nothing even if the box is ticked as this is often ticked by the sale persons or pre ticked for you anyway. I would just carry on with the complaint.

On my application for a loan once they used this excuse of "we ticked the box" but its of a completely different pen and writing and it was the sales person that did it eager to get the commission. I understand yours is a credit card and most probably done over the net or phone etc but it still happens in that its often pre ticked and also ticked by someone else. I would say it means nothing.

hayjamdan

marshallka wrote: »

I think that is a usual fob off and it proves nothing even if the box is ticked as this is often ticked by the sale persons or pre ticked for you anyway. I would just carry on with the complaint.

On my application for a loan once they used this excuse of "we ticked the box" but its of a completely different pen and writing and it was the sales person that did it eager to get the commission. I understand yours is a credit card and most probably done over the net or phone etc but it still happens in that its often pre ticked and also ticked by someone else. I would say it means nothing.

thanks so much will do that marshallka

marshallka

hayjamdan wrote: »

thanks so much will do that marshallka

Let us know how you get on and perhaps you will get some more help too. Good luck

di3004

marshallka wrote: »

Its always nice to give something back to life...:D

Mine is helping people that have been missold get their PPI back and try to get back on their feet from it. I get great pleasure from it knowing what debt can bring to families and losing homes etc.:D

I bet the people that knowingly sold it knowing that the customer could not afford it and could have got something similar at a much cheaper cost could do with doing something "charitable" to ease their conscience. And all for hefty commissions too. I bet their Christmas bonus's have dropped this year.

Yes I have to admit Marshallka, your amazing and everyone will agree with me on here as well, the support you have given thousands to on here.....WOW.......:eek: :T Well done hunni, what would us reclaimers do without you?:A Thank you and you deserve to WIN ALL your claims as well.;) xx

di3004

marshallka wrote: »

I would think its the official "BANK" holidays Di...:rotfl:

LMAO.......silly me.......:o :rotfl: :rotfl: :rotfl: lol.