PPI Reclaiming discussion Part III

marshallka

Lessard wrote: »

Thanks for the reply.

It was all done over the phone and I was then sent a form to sign - does that strengthen my case or weaken it? I remember saying to the people on the phone that I didn't want to have insurance, but was specifically told that if I didn't take the insurance then I couldn't get the loan, etc.

Unfortunately I no longer have any of my paperwork, but I was able to provide the full loan account numbers to this company.

Does it hurt my case if I ask for copies of the agreement? Since they'll then know I don't have them.

What exactly is the SAR you mentioned?

I don't think I'm going to fill in any of the questionnaire at this point. I'm inclined to send a 2nd letter to them (again via recorded delivery) explaining that they should hold all the information in their records to allow them to investigate my complaint fully.

A SAR is a subject Access Request which is all the information that they hold on you.

Its cost you £10 and they have to reply within 40 days with it. It could have information to strengthen your case.

A template letter is 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

maxdp

MikeysGirl wrote: »

Hi Max,
yes they enclosed a copy of the application form - it's just a box to sign if you want the account cover.
Sounds like they have a point

Ani

Hi Mikeys Girl

Did the shop assistant fill the form in or did you.?

MikeysGirl

maxdp wrote: »

Hi Mikeys Girl

Did the shop assistant fill the form in or did you.?

i did :doh:

maxdp

Lessard wrote: »

Thanks for the reply.

It was all done over the phone and I was then sent a form to sign - does that strengthen my case or weaken it? I remember saying to the people on the phone that I didn't want to have insurance, but was specifically told that if I didn't take the insurance then I couldn't get the loan, etc.

Unfortunately I no longer have any of my paperwork, but I was able to provide the full loan account numbers to this company.

Does it hurt my case if I ask for copies of the agreement? Since they'll then know I don't have them.

What exactly is the SAR you mentioned?

I don't think I'm going to fill in any of the questionnaire at this point. I'm inclined to send a 2nd letter to them (again via recorded delivery) explaining that they should hold all the information in their records to allow them to investigate my complaint fully.

Hi Lessard.

I would write to them a ask for a SAR copy below courtesy of Laini
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






They should then send you all this information with copies of the telephone conversation. They have 40 days to respond. Send recorded delivery and do not forget the cheque for £10.00


Good luck and let us know when you get the info and we can then guide you further:D

maxdp

juliedawn wrote: »

Yes.Also alot of it is to do with the fact that we had the insurance still running and paid for after settling the loan.

Why is it still running if it was a single premium. Are you sure this is not just paid monthly alongside. This does not sound like front loaded premium. Can you give us a few more details please.

maxdp

MikeysGirl wrote: »

i did :doh:

That does not sound good then. You will not be able to claim it back unless you had medical conditions or were self employed or were retired. Have you checked the other conditions that you can claim back for?

Have you ever claimed on it.?

Did you feel pressured into taking it out at the time of the sale?

marshallka

maxdp wrote: »

Why is it still running if it was a single premium. Are you sure this is not just paid monthly alongside. This does not sound like front loaded premium. Can you give us a few more details please.

I thought that too maxdp. I remember this with someone else too and they had the same problem and this definately was a single premium too. I think it would work like you get nothing back from it until the date you cancel and even if the loan is repaid you are in effect still paying or another way is that it was a seperate single premium payment.

marshallka

MikeysGirl wrote: »

i did :doh:

This is a hard one.?? Were you told to get the credit etc that you had to sign for the PPI??

marshallka

I have just sent this to the adjudicator that WAS dealing with my complaint against FIrstplus and is now about to close it on 16th January unless I can provide further information about why it should be kept open.....

I have just had a reply from Lloyds about the complaint for the unfair rebate on the Firstplus policy took out with the Firstplus loan.

I do not know who to send this information to and wanted to know if you could pass this on to the relevant section etc.

Its states........

I refer to your complaint to Lloyds and am writing to advise you that I will be responsible for conducting an investigation into the matter. I will consider carefully all of the available information taking into account general legal principles, good insurance practice and whether all of the circumstances have been considered fairly. I will contact you in the event that I need further information or claification on certain issues.

As soon as my investigation has been completed, I will write to you setting out my conclusions in a "Final Response", but in the meantime, I will keep you informed on the progress of my enquiries.


I do not want the complaint with Firstplus closed as such yet until I know that Lloyds are actually taking responsibility for the unfair rebate as I am wondering if they will pass this back to Firstplus and then I do not know where I stand. It was yourselves that told me I had to make the complaint to Lloyds the underwriters about the unfair rebate we received and I was also told that this would be under compulsory jurisdiction of the Ombudsman Service. I will now have to wait for their final response in the matter before closing the complaint against Firstplus as I did speak to Cassidy Davis myself some weeks ago and they told me that ultimately this would no doubt be passed back to Firstplus to deal with. Its so confusing.

If you could please get back with the correct place to email to about Lloyds and also if you could please let me know what will happen as regards this complaint against Lloyds in that I have now been trying to get this to your adjudicator and it went before one in July of last year and I do not want to have to go to the back of the queue of again. Firstplus never told me to make the complaint to the insurer when I complained of this some months ago and I have had my complaint before an adjudicator twice before.

Thanks

MikeysGirl

maxdp wrote: »

That does not sound good then. You will not be able to claim it back unless you had medical conditions or were self employed or were retired. Have you checked the other conditions that you can claim back for?

Have you ever claimed on it.?

Did you feel pressured into taking it out at the time of the sale?

To be honest i really don't remember, but no i've never claimed on any card PPIs.

marshallka wrote: »

This is a hard one.?? Were you told to get the credit etc that you had to sign for the PPI??

Again, i don't remember.

To be honest i might as well drop this one, it's the big fish i'm really after (MINT)...

Thanks Guys.