Trying to reclaim PPI, but they "have no record of me"

Malcmac

Hi, I'm trying to reclaim PPI as I remember the wording of the phone call when I took out the loan. "You're application will be looked upon more favourably if you agree to this"!

It was taken out with Sainsburys in 2001 and finished in 2005, but I paid over £2,000 in PPI! Now, I've written to them to ask for it back, had a letter saying to call them and they tell me they have no obligation to keep me on file and that it's up to me to prove I had a loan with them?! Is this true? Can anyone help with where to go from here?

Thanks

Malc

Rafter

Marc,

Suggest you get hold of your credit rating from experian and or equifax. That should show a settled loan account. By law banks have to keep records for 6 years so they are probably stalling you - finding the loan account number from an old bank statement would be good though.

Other suggestion is to send a 'subject access request' to them with a cheque for £10 asking for all the information they hold about you in relation to any loan account or ppi. By law they have 40 days to respond.

R.

di3004

Malcmac wrote: »

Hi, I'm trying to reclaim PPI as I remember the wording of the phone call when I took out the loan. "You're application will be looked upon more favourably if you agree to this"!

It was taken out with Sainsburys in 2001 and finished in 2005, but I paid over £2,000 in PPI! Now, I've written to them to ask for it back, had a letter saying to call them and they tell me they have no obligation to keep me on file and that it's up to me to prove I had a loan with them?! Is this true? Can anyone help with where to go from here?

Thanks

Malc

Hi Malc

First of all its best to request a SAR known as a Subject Access Request, this way they have 40 days to send you all the information they have on you on your (account)s) you have with them, however there is a £10 charge in cheque or postal order payment for this, post by recorded delivery to keep a check on the 40 days they have as from the letter, you can check when they have received this by tracking on the royal mail website.;)
They should send you the info going back as 6 years, but some are lucky to recieve documents going back earlier, like I did with my Lloyds TSB case.

Here is the template for this 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