PPI Reclaiming discussion Part III

marshallka

clarabella23 wrote: »

hi everyone again! just got my first reply regarding ppi on account cards, refusing the claim as expected. They are saying that I had ample chance to review the ppi and cancel within the 30 day period. They are also saying that they want evidence that I didn't work and didn't have a partner that worked during the period when i took it out, but I don't think I have any paperwork from back then. any ideas?
They are also saying that because I set up the account in dec 2003, and the FSA fines relate to policies after january 2005, the fact that they have been fined for mis-selling doesn't relate to me.anybody else had this? what should my next step be? thanks for allyour help so far!:A

Was the partner a second card holder and attached to this account then??

Why would they ask about your partner working if not??

Just to clarify...

di3004

Clarabella23

I did also add this in an above post but will post this again for you regarding your lack of documents.;)

A SAR is a Subject Access Request

Here is the template below, if you request this they have 40 days to comply, but post by recorded delivery and of course add the payment of £10 cheque or postal order for this request, the docs you receive will have your details only and that should prove something at least, good luck.;)


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

marshallka wrote: »

My sinister mind here. They make it look like a favour... . :rolleyes:

Your right though hun...;)

dreamer33

lilac789 wrote: »

Yes i got the leaflet and think I will give them a ring.

The salesperson most definately did not stick to the script!!! They admitted they didn't on my second claim against them!

What is a SAR?

Thanks

I see Di has answered this one.

Its a good idea to get one, it will include the telephone calls, mind you these companies seem to be forgetting these.

marshallka

showergirl wrote: »

Marshallka

God am I glad your here. What is a SAR. They have sent me a copy of the original loan agreement with my sig on it

showergirl, you need to try for this SAR from them. Its a subject access request and I wish I had know you did not have one earlier. Its all the info they hold on you and often they know you mean business when you request this. You have to give them 40 days to comply with it though and its cost you a £10. Even though the complaint is now with the FOS it still might help you now. If you can find evidence of this misale then you could update the FOS and Tesco could then offer as Goodwill and its a much quicker process. Don't give up showergirl. I had the same with my bank and as soon as I took it to the FOS and got my SAR they made this gesture. I got paid so quick and also they have renewed our OD today and its more than last time so they are really a good bank and have not retaliated at all.


SAR template 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

showergirl

marshallka wrote: »

Oh showergirl, I feel really p**sed off for you on this one. I know how much it has got to you. Lets hope the ombudsman see it your way. I am sure they will.;)

I am going to send it off as soon as I have calmed down. I'm really p**sed off at the moment. They may have knocked me down but I am not out of the fight yet

clarabella23

The account is with dorothy perkins, fully expecting the same reply from new look account as same provider. Am still single so no wedding certificates so far! Wondering whether if i ring up council they will provide me with info regarding housing benefit, etc.

marshallka

showergirl wrote: »

I am going to send it off as soon as I have calmed down. I'm really p**sed off at the moment. They may have knocked me down but I am not out of the fight yet

I know how you feel here but just get a cuppa :coffee: and relax a bit and pound a cushion (pretend its tesco!!) and then you will be all ready to fight again. Knock backs are just that, knock backs and we all have them but we just have to keep on. We will all help ya showergirl...;)

marshallka

clarabella23 wrote: »

The account is with dorothy perkins, fully expecting the same reply from new look account as same provider. Am still single so no wedding certificates so far! Wondering whether if i ring up council they will provide me with info regarding housing benefit, etc.

So really and truely that sound like a standard fob off letter as this relates to two people and you are single.

Is this a final response letter?

What they are saying about the fine is correct but who is the complaint with? Was it a bank?

showergirl

marshallka wrote: »

I know how you feel here but just get a cuppa :coffee: and relax a bit and pound a cushion (pretend its tesco!!) and then you will be all ready to fight again. Knock backs are just that, knock backs and we all have them but we just have to keep on. We will all help ya showergirl...;)[/quot
Have had a cry, and have now got a cuppa, don't know if I will be able to relax though. Have got some ironing to do so maybe that will help. Like you say it's a knock back and with your help I'll be back fighting. Thanks for your support you really are angel:A Thanks to everyone else for their support too