PPI Reclaiming discussion Part III

di3004

Toffee Penny

If you want to send a SAR request, here is the template here hun and as always post by recorded delivery, good luck whatever you decide to do this or the CCA.;)


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

Toffee_Penny

Cheers Di I have seen that one just woondered if they would send me the original? I doubt it but thats they only way to prove that the tick was made in a different pen.

I just need to choose my words very carefully for this as it could backfire but the more I look at the tick it is different to any of the others on the application form.

OH completed it in like a black roller ball pen, one of those horrible pointy ones but the tick is like a biro, a bit thicker.

Under the light it looks like it could be BLUE!! even though the copy is black the tick is lighter in colour to the rest, thats why I am thinking asking for the original which would prove the different pen types on the application form.

di3004

Toffee_Penny wrote: »

Cheers Di I have seen that one just woondered if they would send me the original? I doubt it but thats they only way to prove that the tick was made in a different pen.

I just need to choose my words very carefully for this as it could backfire but the more I look at the tick it is different to any of the others on the application form.

OH completed it in like a black roller ball pen, one of those horrible pointy ones but the tick is like a biro, a bit thicker.

Under the light it looks like it could be BLUE!! even though the copy is black the tick is lighter in colour to the rest, thats why I am thinking asking for the original which would prove the different pen types on the application form.

Not a problem.;)

I bet this is very frustrating for you......:mad: , knowing damn well its not your tick, and yes its a very good idea requesting for the original, good for you, and with the SAR though they should I think send you the original to what I know of, but hopefully they will anyway.;)

Toffee_Penny

I bet the creditors hate this site! :rotfl:

I am more annoyed at their response, the fact they say its their final response knowing full well the FOS say on their website and in booklets to try and sort it out with the creditor first before contacting them.

I just don't want to contact the fOS and then receive a reply from them saying why didn't you contact MBNA again? I'd rather have the full details and prove that I tried to sort it out with MBNA first. I suppose I hoping it might make our case stronger depending on what MBNA reply to our second letter (if they do at all) which will now be alot stronger than the first basic template letter from here.

thanks anyway Di will keep in touch xx

marshallka

pip2805 wrote: »

The thing is First Plus are denying any responsibility in the matter laying the blame at the brokers door. Our complaint is with the broker(for now). So after settling the loan we are paying interest on 10800 which was used to settle the ppi after 5 months. The second loan was arranged through the same broker. If the ppi had not been mis-sold to me then I would not have had to borrow the further 10800 to settle it.Then pay interest on the sum for 18 years.
Also if this comes to a positive result the ppi should have never been sold to me so surely First plus would lose a complaint for unfair rebate. If mis-sold surely I am entitled to a 100% rebate and if first plus deny any accountability it would be that the broker would be liable to the interest on the 10800 for 18 years. If not I would still be greatly out of pocket? Section 36 and all that would surely mean they are responsible for their agents actions seeing as the insurance is underwritten by Barclays insurance in Dublin.
I suppose the best thing to do is try to explain this to the ombudsman if, as we think, we get the result we deserve!???

You mean that your complaint is for misselling and its the broker you have to claim against...!!

Right I have a similar problem with Firstplus. I was sold this by an unregulated broker and after finding out I would not receive any help that way I then put a complaint into FOS about the settlement of the loan which I assumed was cause of rule of 78.

This complaint also said about the unfair rebate we received against the insurance too so really was two complaints into one. My rebate and settlement date was 2003 so I thought that as Firstplus were gisc members in November 2001 then I would be allowed this complaint and it would be in jurisdiction. I got this to an adjudicator at the beginning of July this year but within a day of them ringing and telling me this the FOS closed the complaint as they said there was a mistake and this was outside their jurisdiction.

I then complained again with the same sort of complaint but just put it as unfair rebate and used Barclays trading as Firstplus (as Firstplus are owned by Barclays). This again got before an adjudicator in October and this was then closed within 2 days as they say that upon looking into this further and with consulting senior management at the FOS that this again was not a complaint they could look into as it was outside their jurisdiction.

I then rang and asked to speak to this senior management and was allowed after numerous emails and phone calls. I was told then by him that I could not use Barclays trading as Firstplus as firstplus were not appointed representatives of them. he then said as this complaint was about the rebate I received against the insurance then I should make a complaint to the actual insurer/underwriter of the insurance. I then had to scan my insurance documents into them and they have written to Lloyds of London (yours is Barclays Dublin as this was later than mine) and I am awaiting a final response. I was also told that this way being against the insurer then they would come under "compulsory jurisdiction" of the FOS so at least they will hear me out. Time will tell on that one. I know that they say the rebate is determined by the terms and conditions of the insurance policy and it comes under "unfair terms in consumer contracts regulations 1999". I hope you can see what a struggle this has been for me but I will not give up...;)

di3004

Toffee_Penny wrote: »

I bet the creditors hate this site! :rotfl:

I am more annoyed at their response, the fact they say its their final response knowing full well the FOS say on their website and in booklets to try and sort it out with the creditor first before contacting them.

I just don't want to contact the fOS and then receive a reply from them saying why didn't you contact MBNA again? I'd rather have the full details and prove that I tried to sort it out with MBNA first. I suppose I hoping it might make our case stronger depending on what MBNA reply to our second letter (if they do at all) which will now be alot stronger than the first basic template letter from here.

thanks anyway Di will keep in touch xx

lol.....:rotfl: :rotfl: , yes I bet they do hate these sites, and there are more of these sites as well lol.....:rotfl: , they cringe at every post they receive now I expect, knowing damn well what their all about pmsl .

I look forward to hearing the outcome of this hun good luck here.:A xxx

di3004

No Boo666.......:eek: , blimey his computer must be worn out lmao:rotfl: :rotfl: :rotfl:

marshallka

Toffee_Penny wrote: »

Di/Marshallka

Can you direct me to a template letter requesting the true original cca please?

All I keep finding is the one for disputing debt

Thanks

You request it under section 77/78 of the CCA and they have 12 days to produce it..

Dear Sir / Madam
Re: Account No:


With reference to the above account, I would be grateful for a signed copy of my Consumer Credit Agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-78), I am entitled to receive a copy of this agreement upon request. I therefore enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.



I understand that a copy of my credit agreement should be supplied within 12 working days.

marshallka

Toffee_Penny wrote: »

Cheers Di I have seen that one just woondered if they would send me the original? I doubt it but thats they only way to prove that the tick was made in a different pen.

I just need to choose my words very carefully for this as it could backfire but the more I look at the tick it is different to any of the others on the application form.

OH completed it in like a black roller ball pen, one of those horrible pointy ones but the tick is like a biro, a bit thicker.

Under the light it looks like it could be BLUE!! even though the copy is black the tick is lighter in colour to the rest, thats why I am thinking asking for the original which would prove the different pen types on the application form.

Toffee Penny try the letter I posted above. This is for a true copy...might work better.;)

di3004

marshallka wrote: »

You request it under section 77/78 of the CCA and they have 12 days to produce it..

Dear Sir / Madam
Re: Account No:


With reference to the above account, I would be grateful for a signed copy of my Consumer Credit Agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-78), I am entitled to receive a copy of this agreement upon request. I therefore enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.



I understand that a copy of my credit agreement should be supplied within 12 working days.

Thanks for posting this Marshallka, I think Toffee penny will be back to check as I said you may possibly post about this, if a template for this.;)