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PPI Reclaiming Discussion part 4

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Comments

  • di3004
    di3004 Posts: 42,579 Forumite
    Morning Di / Amersall
    thanks for your advice yesterday and i will give it a go. I have another question to ask if you dont mind.I sent a SAR off to Marks and Spencer on the 22/10/10 as i had a C/C / Store card with them back in 2001
    I recieved a letter from them yesterday saying they have checked their records and can advise the account held in my name is closed and cannot provide any info relating to the A/C.
    I know it is longer than the 6 years for holding data but i have checked on my Experian credit report and it stated that the A/C was settled on the 12/06/2005 (within 6 years) would this mean that someone from M&S would have actually informed Experian of the A/C closure ??
    not sure where i can go from here !

    regards
    Harry


    Hi harry

    This would have been 6 years ago then you settled this account, so maybe they would hold just details of the settlement but maybe not all the way back to 2001.
    Everything is recorded on database/microfiche.
    What you could do is contact the Information Commissioners Office (ICO) for advice on this, they should be able to advise.
    https://www.ico.gov.uk/Global/contact_us.aspx

    These should be open office hours and it may be best to ring rather then email due to backlogs.

    If you contact the above, please let us know what they say, thanks and good luck.;)
    The one and only "Dizzy Di" :D
  • Has anyone not had a payout after the fos upheld in your favour and you sent and acceptance letter tesco and the fos are blaming each other forthe delay on my case I signed the first acceptance 25th september took 1 month tho get from th fos to tesco now not sure whats going on conflicting phone calls could the judicial review be having something to do with this.
  • di3004
    di3004 Posts: 42,579 Forumite
    mollymoo96 wrote: »
    Has anyone not had a payout after the fos upheld in your favour and you sent and acceptance letter tesco and the fos are blaming each other forthe delay on my case I signed the first acceptance 25th september took 1 month tho get from th fos to tesco now not sure whats going on conflicting phone calls could the judicial review be having something to do with this.


    Hi Mollymoo
    Hope your well.

    One of my older ones back a few years ago, taken about 14-15 months which included it going from the adjudicator to an ombudsman, and if i recall correctly it was upheld in October time and paid out 3 months later in January!

    We did also keep on at the business with permisson from the FOS/ombudsman.

    Not sure if the JR issue is anything to do with it this time but could be worth asking the FOS about this.

    Hope you receive your money soon, good luck X;)
    The one and only "Dizzy Di" :D
  • jockyjoe
    jockyjoe Posts: 11 Forumite
    edited 15 November 2010 at 12:41PM
    Was visiting mum the other night and was amazed to see a credit card statement that was maxed out and the only recent charges and usage on the statement was PPI and interest. My first question to mum was what have you been doing? My mum replied that she has not used the card for a few years and has been paying the card by direct debit every month and does not know how the she owed so much. From memory I think at one stage my mum owed about £4000 then stopped using the card.

    I think the problem is that my mum has a direct debit set up with the bank and the bank have been taking the minimum payment each month along with the interest and PPI. The available credit that was left has been getting eaten up and now my mum has a £6000 card that is maxed.

    She is now paying £150 a month on interest and PPI.

    My Mum has had this card for fouteen years. My gripe is that over the last four years she has been retired and by her account not been using the card any recent statements I have seen is all interest and PPI. As she is retired she should not have been paying PPI and should be entitlted to all of that PPI money back as she would not have been able to make a claim on the PPI.

    can anyone advise if I would be able to claim this PPI paid from the date of her retirement, for my mum which would enable me to reduce the amount of money owed on the card and I can then set about a repayment method for the balance.

    It's four years worth and would amount to a significant amount of money for her.

    Thanks in advance.
  • di3004
    di3004 Posts: 42,579 Forumite
    jockyjoe wrote: »
    Was visiting mum the other night and was amazed to see a credit card statement that was maxed out and the only recent charges and usage on the statement was PPI and interest. My first question to mum was what have you been doing? My mum replied that she has not used the card for a few years and has been paying the card by direct debit every month and does not know how the she owed so much. From memory I think at one stage my mum owed about £4000 then stopped using the card.

    I think the problem is that my mum has a direct debit set up with the bank and the bank have been taking the minimum payment each month along with the interest and PPI. The available credit that was left has been getting eaten up and now my mum has a £6000 card that is maxed.

    She is now paying £150 a month on interest and PPI.

    My Mum has had this card for fouteen years. My gripe is that over the last four years she has been retired and by her account not been using the card any recent statements I have seen is all interest and PPI. As she is retired she should not have been paying PPI and should be entitlted to all of that PPI money back as she would not have been able to make a claim on the PPI.

    can anyone advise if I would be able to claim this PPI paid from the date of her retirement, for my mum which would enable me to reduce the amount of money owed on the card and I can then set about a repayment method for the balance.

    It's four years worth and would amount to a significant amount of money for her.

    Thanks in advance.


    Hi there

    Well I would give it a go.

    Does your mum still have all paperwork relating to the account?

    If not they may go back say at least the last 6 years, and anything beyond that is possible. It will help to have the paperwork/statements beyond the 6 years so they can consider refunding back that far, but the last 6 years they should definately refund.

    I take it then even though your mum is not eligible now, she was not eligible when the card was taken out either?
    Was she employed at the time? or maybe a health condition at the time of taking this out? there are many reasons, and its possibly they added it without her knowledge back then, so your mum would not have known any different, and maybe assumed it was all part of the credit card like many did perhaps?

    I agree your mum should not be paying for the ppi since its stopped protecting her, but anyway in regards of the reclaiming, get it done anyway by completing the reclaiming questionnaire as shown on the link below, send to the head office of whoever set the policy up, they normally have 8 weeks to give a decision, then if they do not give your mum a decision in her favour by the final decision, she can make the complaint to the FOS.

    Remember to keep copies of all you send and receive in case you need to refer to this at some point.

    Reclaiming questionnaire here:
    http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance#reclaim

    Good luck.;)
    The one and only "Dizzy Di" :D
  • donda
    donda Posts: 60 Forumite
    hfc
    had a letter today from hfc stating that all claims are on hold. Should i send the 2nd letter or go to the fos, they say they are on hold because of the court case, any advice welcome
  • amersall
    amersall Posts: 17,037 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    donda wrote: »
    hfc
    had a letter today from hfc stating that all claims are on hold. Should i send the 2nd letter or go to the fos, they say they are on hold because of the court case, any advice welcome
    Hi there, as 8 weeks passed? if they have take it straight to fos.
  • amersall wrote: »
    Hi there, as 8 weeks passed? if they have take it straight to fos.

    Are there any downsides to going to FOS? Can you continue to chase claim yourself whilst waiting for an ombudsman to be appointed? It seems from several threads on here that claimants are waiting up to 6 months or so for an ombudsmans to be actually allocated to the case!
  • donda
    donda Posts: 60 Forumite
    just posted questionnaire and there reply today is that they are on hold until after review, received back standard letter within 10 days:)
  • amersall
    amersall Posts: 17,037 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Are there any downsides to going to FOS? Can you continue to chase claim yourself whilst waiting for an ombudsman to be appointed? It seems from several threads on here that claimants are waiting up to 6 months or so for an ombudsmans to be actually allocated to the case!
    Hi there, you have to go to fos if the bank are not playing ball. There will come a point when the bank says "this is our final response" then you have to go to fos, if that doesnt work then it goes to the ombudsman. You cannot do what the fos can do, when a bank directs you to fos, it means they will not communicate with you anymore so you have to take it to fos.
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