loan company still taking payment whilst ppi is being processed

the-stig_2

my payment protection is in the process of being dealt with, but my loan company are still taking payments from me even though i phoned them up to cancel any further payments because i had no money, they are still taking payment by ppq even though i had spoken to someone and they said they will shred my card details which they have on file which i had no idea they had my details on file, it was only when i phoned my bank to cancel that i found out they have my details on file to take payment from me. when i had spoken to someone they said they would shred my details and no more payments will be taken whilst ppi is pending.. i find out today that they have taken a payment again even though i have no money and the only money was the benefit money i was paid..i was fuming with them :mad: and demanded my money back because they stated they had shred my details the last time i spoke to them on the phone.. i always assumed that it was setup by direct debit or standing order.. this company bought out another company because the original company was going into administration.. they never once told me they had my details on file and i wasn't paying them by direct or standing but i was paying my ppq.. whats the chances of getting my money back from them..

di3004

the-stig wrote: »

my payment protection is in the process of being dealt with, but my loan company are still taking payments from me even though i phoned them up to cancel any further payments because i had no money, they are still taking payment by ppq even though i had spoken to someone and they said they will shred my card details which they have on file which i had no idea they had my details on file, it was only when i phoned my bank to cancel that i found out they have my details on file to take payment from me. when i had spoken to someone they said they would shred my details and no more payments will be taken whilst ppi is pending.. i find out today that they have taken a payment again even though i have no money and the only money was the benefit money i was paid..i was fuming with them :mad: and demanded my money back because they stated they had shred my details the last time i spoke to them on the phone.. i always assumed that it was setup by direct debit or standing order.. this company bought out another company because the original company was going into administration.. they never once told me they had my details on file and i wasn't paying them by direct or standing but i was paying my ppq.. whats the chances of getting my money back from them..

Hi hun
Sorry to hear of this.

Is all this in writing from them as well?

How was you actually paying this hun, by direct debit?

I do not know what to suggest here to be honest but hopefully someone will come along who may have been through this themselves.
I wish you luck with this and hope this resolves soon, but it must have been a shock for you for this to have happened ?:mad:

You could put a letter together, and complain to them about this, its always best to keep these issues in writing for your proof by keeping copies of them yourself and anything you receive in writing for them, in case you need to take this matter further.;)
Tell them due to this inconvenience, you would appreciate it if they could refund your money that was wrongly taken from you, if they do not do this and refuse you will take further action on this matter.

Again I hope someone comes along to give you some help here, but I really do not know how to go about this one myself, good luck to you hun.;)

Di
x

the-stig_2

yeah i was paying by direct debit to the previous company, but when they got taken over they must of just taken dd details and then just carried on with the ppq, they said they would shred my card details which they haven't.. such a nightmare.. and they said i would get a phonecall from a manager with a callback .. have i received a call back NO!! :mad:

di3004

the-stig wrote: »

yeah i was paying by direct debit to the previous company, but when they got taken over they must of just taken dd details and then just carried on with the ppq, they said they would shred my card details which they haven't.. such a nightmare.. and they said i would get a phonecall from a manager with a callback .. have i received a call back NO!! :mad:

Oh dear me.......:rolleyes: , no wonder your feeling so angry, I would be too !:mad:

Hun write to them to complain and maybe make sure its cancelled your end too of the account to stop further payments coming out, especially if this was the arrangement as such.

Do you have anything in writing from them, or was it just a conversation over the phone?

the-stig_2

i cant cancel they have my full card details.. theres no way of stopping them i even tried to get it stopped my my bank they cant do anything..

the-stig_2

well they have recorded phone converations which they use for training purposes.. it was recorded on the 4th december

di3004

the-stig wrote: »

i cant cancel they have my full card details.. theres no way of stopping them i even tried to get it stopped my my bank they cant do anything..

Golly this does not seem right to me..... , Write to complain and don't know how helpful your local Citizens advice would be in this case, but it needs sorting and I'm sure they will be able to help, I know you feel this can't wait, so try your local CAB tomorrow, tell them its urgent, I think they may be open tomorrow but not certain as its new years eve, other than that you could contact any of these perhaps here again if they are open:
http://www.moneymadeclear.fsa.gov.uk/about_the_fsa/complaints.html

There should be contact details of them on the link

And also

http://www.ico.gov.uk/complaints/environmental_information_regulation.aspx

I am hoping these can help and maybe advise you where to go from here, but if the company do not resolve your case after complaining by writing a letter to them, they have 8 weeks to put this right in your favour, if they do not you do have the option of taking it to the financial ombudsman service here:
http://www.financial-ombudsman.org.uk/consumer/complaints.htm

I would ring the FOS first to see what they have to say to make sure they can deal with the complaint before going any further with these, but their website should also reveal the information you require for this.

I wish I could be more help here hun, I really do.;)

di3004

the-stig wrote: »

well they have recorded phone converations which they use for training purposes.. it was recorded on the 4th december

You could contact them for a copy of the telephone recordings, they should be able to provide that for you.;)

Make sure there is no charge for this though.

However, you can always request a SAR, known as a Subject access request, they have to provide you with everything they have on you within 40 days of request which should also include disc recordings etc and copies of all documents.
But there is a £10 charge for this in either cheque or postal order payment.
Always post by recorded delivery for your proof of posting and to keep a check on the 40 days they have.

Do you require the SAR template for this hun, I shall have a look for it and post it here as soon as I find it, an SAR can be very useful when it comes to complaints.;)

di3004

Here is the letter template for the SAR, most use this one when requesting their documents.


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

feisty1

what's this all about? who said u cant stop a policy? but am i reading correcty u want to make a claim but also yr premiums refunded??

the-stig_2

feisty1 wrote: »

what's this all about? who said u cant stop a policy? but am i reading correcty u want to make a claim but also yr premiums refunded??

they told me that there would be no more payments from the card details they hold, i told them i was going through the payment protection insurance.. on the 4th december in a phone call an employee told me that they would shred any card details they hold of mine so no more payments would go from my bank whilst the ppi is being processed. they took a payment from me today, i tried to get the money back from them but i am waiting for a call from a manger..