PPI Reclaiming discussion Part III

trini

maxdp wrote: »

Yes do and give them a copy of the form you are sending to the FOS just to keep them informed:D Am sure I am right in this but also am sure Marshallka will confirm or give advice. Good luck and thank you so much for your imput on the mortgage stuff.

Merry Christmas:D

Marshallka can you advise please??????

marshallka

di3004 wrote: »

Thanks for this, I will take a copy of the tel numbers down now.;)

Di what is your loan to value would you say now. Ours is over 90% now with the drop in house prices and we have just changed to another package with the same lender but this cost us a couple of grand. When they sent out the new deal I was shocked and called them about the LTV and they told us that it was correct to the Halifax or whatever they use house price thing and we now owe them even more so we had to take a higher rate etc... It has helped with the reduction in the base rate though but still at the moment on interest only and we have been for ages till we are on our feet again. I bet this is the reason they will not offer it to you as if you are already at your maximum then they cannot loan you more so to speak. Its just a good job you had the pinacle thing going then...

If we look at our incoming into the household and then take away our mortgage and council tax from this we are actually on less than a lot of people claiming for benefits etc. It swings in roundabouts and its all about how we spend the money. This is where the Ombudsman service needs to change. I think it should be means tested and not about other things. I was saying this to someone the other day. We have asked for fast track and if Co-op had not made their goodwill gesture then we would be in sh*t street ourselves now and we have had to miss a lot of mortgage payments so we actually have paid nothing off ours for a long time. The should look at ALL household income and then take away what it costs you to keep the roof over your head and then decide. I think its fairer this way.. We know what you are going through Di as we all on here are going through the same in our own way...;)

marshallka

trini wrote: »

Marshallka can you advise please??????

By the way trini cannot advise but maybe can help!!!


Trini, you can carry on writing to them but they need not reply if they have offered you a final. I did this with Firstplus and then telephoned them as well but as they had already given me a final response they would not correspond again and stated that. I would try though as maxdp says and as a courtesy tell them you are now taking this to the FOS and that it is within jurisdiction being a bank too. As you have no knowledge of the actual sale perhaps you can SAR them too. I think someone may have given the template to you but will check back in a little while.

marshallka

Trini, if you do need details of everything and how this was sold to you perhaps a Subject Access may thrown things up. Its cost £10 and they have 40 days to reply but perhaps you are already aware of this but just in case its here



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

trini

marshallka wrote: »

Trini, if you do need details of everything and how this was sold to you perhaps a Subject Access may thrown things up. Its cost £10 and they have 40 days to reply but perhaps you are already aware of this but just in case its here



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

I only have any knowledge of mortgages and only with my company so all your help is appreciated thank you

Toffee_Penny

Evening you two!

Had a letter from Halifax credit card the other day re PPI and they stated they will reply back within 8 weeks. I feel hopeful at least it wasn't a 'sod off you've no chance' reply.

Anyway had enough of debt busting for the time being (only because the post won't let me continue :rolleyes: ) I'm looking forward to watching rubbish tv, eating too much and getting annoyed with the amount of times I have to tell the kids to stop fighting. I've decided to have a break from all the debt/DMP/money issues and just enjoy the rest.

I just popped on to wish you two (and everyone else) a lovely peaceful Christmas. Hope the fat fella gets you something nice. I would like a pair of slippers (HOW SAD!!) pre DMP it would have been a diamond ring, reality check for me this year definitely!!

take care and thanks once again for the support

xxxxxxxxxxxxxx

di3004

marshallka wrote: »

Di what is your loan to value would you say now. Ours is over 90% now with the drop in house prices and we have just changed to another package with the same lender but this cost us a couple of grand. When they sent out the new deal I was shocked and called them about the LTV and they told us that it was correct to the Halifax or whatever they use house price thing and we now owe them even more so we had to take a higher rate etc... It has helped with the reduction in the base rate though but still at the moment on interest only and we have been for ages till we are on our feet again. I bet this is the reason they will not offer it to you as if you are already at your maximum then they cannot loan you more so to speak. Its just a good job you had the pinacle thing going then...

If we look at our incoming into the household and then take away our mortgage and council tax from this we are actually on less than a lot of people claiming for benefits etc. It swings in roundabouts and its all about how we spend the money. This is where the Ombudsman service needs to change. I think it should be means tested and not about other things. I was saying this to someone the other day. We have asked for fast track and if Co-op had not made their goodwill gesture then we would be in sh*t street ourselves now and we have had to miss a lot of mortgage payments so we actually have paid nothing off ours for a long time. The should look at ALL household income and then take away what it costs you to keep the roof over your head and then decide. I think its fairer this way.. We know what you are going through Di as we all on here are going through the same in our own way...;)

I was just showing hubby your post and he said they mentioned something about 98%, so I asked what did they mean, he then said she went onto something like going on interest payments etc then the phone blanked, after that we had problems getting through, but despite that the income protection for this as I said is with pinnacle and covers £425 of this as we forgot with everything going on to update it, we do have the forms here to do that but now we have to wait to see what happens with this one first.

Even though its classed as income protection we still have this down as mortgage cover then on the pinnacle policy.
If they cannot do this then we will have to arrange something through interest.

Now I do not have ALL the documents here for that but I will try to find the last yearly statement we had in August this year, this should give some idea.;)

Yes I agree with you totally when it comes to the FOS.

di3004

trini wrote: »

Marshallka can you advise please??????

Trini
Was meant to say

Merry Xmas to you as well !:D :beer: and thanks for the info as well !x

di3004

Toffee_Penny wrote: »

Evening you two!

Had a letter from Halifax credit card the other day re PPI and they stated they will reply back within 8 weeks. I feel hopeful at least it wasn't a 'sod off you've no chance' reply.

Anyway had enough of debt busting for the time being (only because the post won't let me continue :rolleyes: ) I'm looking forward to watching rubbish tv, eating too much and getting annoyed with the amount of times I have to tell the kids to stop fighting. I've decided to have a break from all the debt/DMP/money issues and just enjoy the rest.

I just popped on to wish you two (and everyone else) a lovely peaceful Christmas. Hope the fat fella gets you something nice. I would like a pair of slippers (HOW SAD!!) pre DMP it would have been a diamond ring, reality check for me this year definitely!!

take care and thanks once again for the support

xxxxxxxxxxxxxx

Hi ToffeePenny.:D

Well you've made a start, and well done :T .

Good luck with this and now - yes please do chill and enjoy the festive season as much as you can.:A

Also
Merry Xmas to you as well hun !x

marshallka

Toffee_Penny wrote: »

Evening you two!

Had a letter from Halifax credit card the other day re PPI and they stated they will reply back within 8 weeks. I feel hopeful at least it wasn't a 'sod off you've no chance' reply.

Anyway had enough of debt busting for the time being (only because the post won't let me continue :rolleyes: ) I'm looking forward to watching rubbish tv, eating too much and getting annoyed with the amount of times I have to tell the kids to stop fighting. I've decided to have a break from all the debt/DMP/money issues and just enjoy the rest.

I just popped on to wish you two (and everyone else) a lovely peaceful Christmas. Hope the fat fella gets you something nice. I would like a pair of slippers (HOW SAD!!) pre DMP it would have been a diamond ring, reality check for me this year definitely!!

take care and thanks once again for the support

xxxxxxxxxxxxxx

Merrrrry Christmas to you as well toffee penny. Glad you are taking a break from it and you most probably need one on the DMP too.

I really wish you extra good luck on your complaint and lets hope the new year is one that will bring you some "wealth". If they do write back and say to bog off then we can all help with the next course of action.

Have a good one...;)