Dmp,can I Still Claim Ppi Back?

poptart1_2

I have been on a dmp for about 17 mths , for the last 4 mths self managed, so far all but one remain with the original creditor, one gone to moorcroft recently but I have requested cca on that one.
my question today is can i still claim ppi back on any of my other credit card debt?, There are 2 on which I had ppi (even though I did not request it and cancelled it after about 12mths ) one is virgin credit card (mbna) and the other is Sky card (barclays) both these creditors have already frozen interest ,so would it be too cheeky to try and claim ?
I would be more than willing to have it deducted from the debts if I could and was successful .I do not have any records of paying the ppi but can recall the dates approx, or if I asked them for a copy of the cca surely it would have on the ppi ?
This probably sounds as if I am asking too much but I am struggling so much to reduce these debts every little would help!
cheersxxx

Toffee_Penny

Of course you can. It's your money you go for it!

Have you seen the letter templates on this site? We used those to send to all our creditors (OH self employed) and have had a few replies to say they are looking in to it.

MBNA replied they are looking in to it and will reply within 28 days.

Barclaycard and Monument seem to send standard 'fluff off' template letters out to everyone, must be cottoning on to the fact people demanding their money back for useless ppi. We will be sending a SAR to both of them to see what they come up with.

Barclaycard usually say that you ticked the box on your application form. We can't recall if we did or not 4 or 5 years ago and whose to say someone in their office isn't going around ticking boxes to back up their claim. We need to see original application form before taking it further as it could be one of those opt out options which is mis leading.

Send the letters anyway and see what they come back with, more than likely get told to do one (you just think how many are asking for their money back now:D ). You could end up paying all of them for SAR's but it worth it when you could be successful with your claims.

Go for it! You have nothing to lose apart from a little of your time and a few stamps. Good luck

poptart1_2

thanks for your reply, sorry to be a mumpty but what is a SAR ? and as I dont have the paperwork and only approx dates is it worth me requesting a CCA as it would have on there the date I presume that I had the ppi started
I remember on the Sky Card that it was classed as a late payment fee, when I questioned them as to what it was for they said it was payment protection I was paying about £25 quid a month for 2 yrs on that, it certainly was heavily disguised , when I found out I cancelled it, I know I did not apply for it on the virgin card and it took me many months to try to cancel that, will it affect the dmp do you think, I really dont want to rock the boat ..but there again needs must.

Toffee_Penny

Don't ask me I ain't got a clue? :rotfl: No seriously I am new to all this claim back stuff too.

I think a CCA just goes through all the terms and conditions of your agreement and you use this if its passed to a debt collection agency or to see if the creditor has the original agreement on you for court action, fees etc.

But a SAR is a Subject Access Request, for the charge of £10 (postal order or cheque) the creditor will have to dig up everything they hold on you. It's the law so they have to send and copy EVERYTHING for you which includes every letter they sent to you, the application form, every telephone conversation transcript, how ppi was put on the account, all the charges, every statement - the whole lot. I think they have to do it for the last 6 years so it's quite a lot.

If your account was opened before that then I dont know if they would have everything but it would be interesting to see everything they hold on you and would put you in a much stronger position if you want to claim ppi back as you will see the original application etc.

Toffee_Penny

This is the template letter to use, the company HAS to do this within 40 days, its the law and yourt right to see all the information they hold on you. I am sending this to get information back before I go to the Financial Ombudsman. Get your evidence and then go for it!

Plus it's sort of get your own back time knowing that most of the office will be spending their day looking for information about you! Hopefully they'll get that peed off they'll send you a cheque just to get rid of you!


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


Print your name or sign differently to how you normally would, you never know where you could see it again!

Toffee_Penny

sorry don't know why it has all the font names on can you still read it ok?

poptart1_2

wow, sounds good.
sorry to be a pain but do I just send £10 postal order and request the sar ,is there a template for that ?
promise I will leave you alone now,thanks again ,you are a gem

Toffee_Penny

don't worry poptart, we are all here to help each other :beer:

This is the standard letter to send for all your details include the £10 postal order because if you just send the letter they will reply that it cost £10 for that information so if you include it then they have to get started on it.

We are on a DMP too, it will take us to the year never never to pay off. I have gone over and over why we were so stupid with money so many times but now getting to the stage where I think 'fluff being nice' I want my money back.

Yes I was stupid to spend money but have a think about all your debt, is it all made up of money you spent? is it heck it's all made up of charges, stupid amounts of interest and useless ppi that only a dead person could claim on.

If reclaiming just a few hundred is all you get back then it will be worth it, it all goes towards the debt anyway but at least the final amount will reduce slightly.

Best of luck to you xxx I'm usually on the debt free part of this forum and I'll try and help where I can, I'm new to this and its scary stuff but we got to fight these companies, we deserve our money back!

di3004

Toffee-Penny
You have been amazing here hunni, well done you ! :T
We welcome you to help out anytime, cheers.:T :beer: .

Right just to explain the SAR for Poptart1:

An SAR is known as a Subject access Request, this is to request ALL information they have on you on your account(s), if you have both loans and credit cards with the same finance company for example they will send ALL the info on them, plus statements and so, some also send telephone recording discs, some do not, but they should send transcripts of these calls, even emails if any made.

They have 40 days in full to send you all this information and £10 cheque or postal order payment should be enclosed in order for them to send you the info.

However, they may only send back from the last 6 years and not earlier, this will vary from one to another company, yet with one of mine, I was lucky to receive info from 2001 to when I requested this in 2008.

Always post by recorded delivery, in order for you to keep a track on the 40 days, where you can check this out on the "Royal Mail" tracking website, and also for your proof of posting.;)

Good luck with this and if you require further help/info please just give us a yell here or on the actual PPI Reclaiming-Discussion thread, which you will find if you click on loans first and you will see the reclaiming thread on top of that page.


Your circumstances regarding DMP should not make a difference, afterall if this was mis sold its really your money to claim back.;)

Di
x

Toffee_Penny

I know Di look at me?

when I firsted joined I hadn't a clue about DCA, IVA, CCA and now I'm talking like I work for the CAB! :rotfl:

Still thats what we are all here for isn't it? To help the little people fight the big people.

I love this site and that Martin fella!

di3004

Toffee_Penny wrote: »

I know Di look at me?

when I firsted joined I hadn't a clue about DCA, IVA, CCA and now I'm talking like I work for the CAB! :rotfl:

Still thats what we are all here for isn't it? To help the little people fight the big people.

I love this site and that Martin fella!

lol, well done again :T :beer: , well I would say about 18 months ago I did not have a clue on anything regarding PPI, and now, although I'm no expert, I have picked up as I went along and learnt from others, okay still learning things now, you know that saying "we learn something everyday" .

Keep is going hun and we are very grateful for this help, the more the better.;)

Oh yes Martin lmao......:o :rotfl: lol x