PPI Reclaiming Discussion part 4

beamerguy

tifosi wrote: »

Also (just remembered this) there was some controversy that a lot of Egg online apps had the PPI box pre ticked and it relied on you unticking it

See THIS thread (Page 2 it starts covering the "pre tick")

Interesting, if that is the case and the box was pre-ticked Egg have pre-assumed that you wanted the policy and that is no difference to a salesman on the phone ticking the box without you knowing.

By pre-assuming, Egg have mis sold the policy and the onus is now on Egg to prove to you that the box was not pre-ticked

beverleykim

tifosi wrote: »

I would not directly reference the pre ticked box in the SAR, just ask for a full copy of the application, set of T and C's for the card, and the T and C's you allegedly agreed to for the PPI

Also make sure you ask for a copy of ALL transactions (debits and credits) made to the account for the duration

Hi, yes I have sent the standard SAR letter requesting everything, and just referring to the rejection letter received this morning, and stating that even though this was their final response, I do not believe this as being correct and that I was most definately mis-sold this insurance and therefore request proof from EGG with regard to their online process and once received, will be taking the matter further with the FOS.

wilfymusic

Not Happy !!!
After having been told by Barclays last week that my 2 complaints were very close to being resolved , I rang this morning to be told that " your complaints are not one of the pre April 20th ones and you could be waiting until October " !!! Mine were logged on 10th of May , 16 weeks from then is 16th of September at the latest . Also , I have letters from Barclays & Barclaycard which say " we will reply to your complaint no later than 31st of August " , I told the advisor this and she said I would have to send them a copy of this letter as this was "obviously" sent to me in error .
What is going on ?? Last week the advisors were being far more helpful , this week it seems that they have been told under no circumstances to deviate from their phone contact script .

beamerguy

beverleykim wrote: »

Hi, yes I have sent the standard SAR letter requesting everything, and just referring to the rejection letter received this morning, and stating that even though this was their final response, I do not believe this as being correct and that I was most definately mis-sold this insurance and therefore request proof from EGG with regard to their online process and once received, will be taking the matter further with the FOS.

BEV, take no notice of the "final response" rubbish, when mis-selling or fraud is taking place, until you are 100% satisfied, there is no "final"

Go for them gal .... leave them with EGG on their face:rotfl::rotfl::rotfl:

beamerguy

wilfymusic wrote: »

Not Happy !!!
After having been told by Barclays last week that my 2 complaints were very close to being resolved , I rang this morning to be told that " your complaints are not one of the pre April 20th ones and you could be waiting until October " !!! Mine were logged on 10th of May , 16 weeks from then is 16th of September at the latest . Also , I have letters from Barclays & Barclaycard which say " we will reply to your complaint no later than 31st of August " , I told the advisor this and she said I would have to send them a copy of this letter as this was "obviously" sent to me in error .
What is going on ?? Last week the advisors were being far more helpful , this week it seems that they have been told under no circumstances to deviate from their phone contact script .

I would ask the advisor what records they hold and keep if they want you to send them a copy

marcusarelius

wilfy - 16 weeks from the 10th May is actually today (unless my maths is off lol! - my complaint is about the same date) - Barclays last week told me a final response letter was being sent out today. Will ring them later if i get chance to check if thats still the case

beamerguy

Attention of Rich Fairbank
rich.fairbank@capitalone.com

Dear Sir,

I have received from your Rachel Groves a hard copy of her email to me plus many copies of letters of past history

It is noted that in ALL letters you denied you mis sold a PPI to me and no refund was available.

Now, your letter of the 3rd of August offers me a refund of £541.15
This is an admission by Capital One that you traded illegally and that your PPI was fraudulent as Capital One mislead me into thinking I was covered (Fraud Act 2006)

Your previous constant denial letters and threats made by your debt collectors caused me harassment and distress. You then damaged me by marking my credit file.
In reality, there is no difference to when I complained to Capital One in the first instance to your recent letter offering me £541.15
In other words, what you have offered now, you could well have offered then

It is also noted that Rachel Groves keeps referring to your "final response" ???? Mr Fairbank when it comes to mis-representation
and fraud, there will never be a final response until I am 100% happy

I again enclose my Claim for Compensation and damages against Capital One and remind you that I will persue you for this claim by whatever means are available to me
============================================
If anyone here would like a template of my Claim for Damages and Compensation form, please PM me

beverleykim

beamerguy wrote: »

BEV, take no notice of the "final response" rubbish, when mis-selling or fraud is taking place, until you are 100% satisfied, there is no "final"

Go for them gal .... leave them with EGG on their face:rotfl::rotfl::rotfl:

I just love your comments - not just this one, but others you have made in the past, you put a smile on my face because you are so determined, and rightly so.

Would you bother with the SAR then (as I shall be £10 out of pocket) or just ask them to reconsider?

Bev

beamerguy

beverleykim wrote: »

I just love your comments - not just this one, but others you have made in the past, you put a smile on my face because you are so determined, and rightly so.

Would you bother with the SAR then (as I shall be £10 out of pocket) or just ask them to reconsider?

Bev

Thanks for that Bev, oh yes i am determined as I will not de-frauded.
The SAR demands the info from them and maybe before that, lay down the facts to them and do not be afraid to use the word fraud, it's what these monkeys have been doing for a long time anyway.

Read through the Fraud Act 2006 below. Section 5 is a good start
Fraud by false representation

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a)the person making the representation, or

(b)any other person.

(4)A representation may be express or implied.

(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

wilfymusic

marcusarelius wrote: »

wilfy - 16 weeks from the 10th May is actually today (unless my maths is off lol! - my complaint is about the same date) - Barclays last week told me a final response letter was being sent out today. Will ring them later if i get chance to check if thats still the case

I re-checked my calender , and you are corrrect , the 16 weeks is up today . I rang Barclays to query this , they say I am wrong , the 16 weeks is 10 th September !! and If am not happy , then write to the FSA .
I have it in writing that I will recieve a response by 31st of August, and the 16 weeks waiver granted by the FSA expires today , do you think it is the case that the advisors simply do not know what is happening with the complaints ?