PPI Reclaiming Discussion part 4

di3004

sunny8 wrote: »

Good luck to everyone today

Just thought i would update you with an email i have just sent to the CEO of Clydesdale Bank due to them upholding 1 of my loans but not the other 3 due to the banks retention policy ( my account has been closed since the branch closed in 2006)....here goes..

"Good Morning.

I refer to my on going complaint with regards to reclaiming PPI on previous loans that were held with your company.

As you will be aware from previous correspondence, i have had several rolling loans with yourselves, however due to the retention policy that you have to legally adhere to, you claim to have no information held on file which identifies these loans and/or the PPI that was applied to them. You are currently upholding one of the several loans i undertook from your corporation, however, are unable to uphold the other loans - to which were all rolling loans due to having lack of information regarding these loans.

I am aware that you need to have this information to discover the details of the finance/ppi but my concern is the issue with the retention of my documents and non despondent request for previous, personal data.

As from previous correspondence you will be conscious that i have forwarded a DSAR to yourselves to try and obtain this information. I received my returned DSAR yesterday that states under the Data Protection Act 1998 you are unable to locate my documents as these have been destroyed. However, when the DSAR was returned there were no details/dates of any destruction/certificate of destruction relating my details, or, any data signed and/or certified from the data security officer that should have been bestowed to me to officially state that my personal data has been officially destroyed.

As i have worked within the NHS for several years i am knowledgeable with relevant legislation with regards to record keeping/data protection and freedom of information as these are guidelines that i have to adhere to myself, therefore, i am conscious of your retention policy that was legalized in January 2005 by the FSA in regards to record keeping and storage/destruction of data. However, i am also aware that documents are not destroyed once the 6 years retention is completed as they are stored in a centralized location. However, i am also aware that it is your discretion as to how long you keep the data, post 6 years. This has been clarified on several telephone calls with your customer service representatives, as i have called several times over the last two weeks to elucidate location and/or time limitations of stored data post retention period.

As stated previously, i have been advised by the PPI team that if i possessed the original agreements/account numbers, you would be able to deal with this issue, so, therefore if i provided you with the relevant account numbers, you would be able to locate this data immediately, therefore this proves that there must still be my personal data on file.


Your staff; Carol Craig & Gina Arthur -to which have been dealing with my case, have been most amiable, obliging and cooperative, and, i do appreciate the time that has been undertook to look in to my complaint.

I have contacted the ICO and FSA to gain advice with regards to my complaint who have advised me to speak with you again in regards to obtaining this information and you solving the issue by addressing all my previous loans. I am defiant that ALL finance was taken in consistent and identical situation. I personally have statements to prove monthly repayments that were made from my current account to my loan accounts, therefore, you MUST be able to retrieve this information as this is what i was provided with on the last request for information from yourselves some time ago.


The FSA Handbook produces guidance and regulations to which financial business's adhere to. I have been advised about guidance which states:

3.2.7.G: The firm should consider all of its sales of payment protection contracts to the complainant in respect of re-financed loans that were rolled up into the loan covered by the payment protection contract that is the subject of the complaint. The firm should consider the cumulative financial impact on the complainant of any previous breaches or failings in those sales.

3.3.3 G: The firm should recognise that oral evidence may be sufficient evidence and not dismiss evidence from the complainant solely because it is not supported by documentary proof. The firm should take account of a complainant's limited ability fully to articulate his complaint or to explain his actions or decisions made at the time of the sale

3.3.8 G: The firm should not draw a negative inference from a complainant not having kept documentation relating to the purchase of thepolicy for any particular period of time.

I request that you kindly reconsider your position and re-evaluate my situation and/or provide me with appropriate information that legally informs me of destruction of my personal data.

I look forward to hearing from you shortly."

What do you guys think :think: xx

What a superb letter!:T:T:T:T absolutely fab, well done and fingers crossed x;):j:j

cappo

sunny8 wrote: »

Good luck to everyone today

Just thought i would update you with an email i have just sent to the CEO of Clydesdale Bank due to them upholding 1 of my loans but not the other 3 due to the banks retention policy ( my account has been closed since the branch closed in 2006)....here goes..

"Good Morning.

I refer to my on going complaint with regards to reclaiming PPI on previous loans that were held with your company.

As you will be aware from previous correspondence, i have had several rolling loans with yourselves, however due to the retention policy that you have to legally adhere to, you claim to have no information held on file which identifies these loans and/or the PPI that was applied to them. You are currently upholding one of the several loans i undertook from your corporation, however, are unable to uphold the other loans - to which were all rolling loans due to having lack of information regarding these loans.

I am aware that you need to have this information to discover the details of the finance/ppi but my concern is the issue with the retention of my documents and non despondent request for previous, personal data.

As from previous correspondence you will be conscious that i have forwarded a DSAR to yourselves to try and obtain this information. I received my returned DSAR yesterday that states under the Data Protection Act 1998 you are unable to locate my documents as these have been destroyed. However, when the DSAR was returned there were no details/dates of any destruction/certificate of destruction relating my details, or, any data signed and/or certified from the data security officer that should have been bestowed to me to officially state that my personal data has been officially destroyed.

As i have worked within the NHS for several years i am knowledgeable with relevant legislation with regards to record keeping/data protection and freedom of information as these are guidelines that i have to adhere to myself, therefore, i am conscious of your retention policy that was legalized in January 2005 by the FSA in regards to record keeping and storage/destruction of data. However, i am also aware that documents are not destroyed once the 6 years retention is completed as they are stored in a centralized location. However, i am also aware that it is your discretion as to how long you keep the data, post 6 years. This has been clarified on several telephone calls with your customer service representatives, as i have called several times over the last two weeks to elucidate location and/or time limitations of stored data post retention period.

As stated previously, i have been advised by the PPI team that if i possessed the original agreements/account numbers, you would be able to deal with this issue, so, therefore if i provided you with the relevant account numbers, you would be able to locate this data immediately, therefore this proves that there must still be my personal data on file.


Your staff; Carol Craig & Gina Arthur -to which have been dealing with my case, have been most amiable, obliging and cooperative, and, i do appreciate the time that has been undertook to look in to my complaint.

I have contacted the ICO and FSA to gain advice with regards to my complaint who have advised me to speak with you again in regards to obtaining this information and you solving the issue by addressing all my previous loans. I am defiant that ALL finance was taken in consistent and identical situation. I personally have statements to prove monthly repayments that were made from my current account to my loan accounts, therefore, you MUST be able to retrieve this information as this is what i was provided with on the last request for information from yourselves some time ago.


The FSA Handbook produces guidance and regulations to which financial business's adhere to. I have been advised about guidance which states:

3.2.7.G: The firm should consider all of its sales of payment protection contracts to the complainant in respect of re-financed loans that were rolled up into the loan covered by the payment protection contract that is the subject of the complaint. The firm should consider the cumulative financial impact on the complainant of any previous breaches or failings in those sales.

3.3.3 G: The firm should recognise that oral evidence may be sufficient evidence and not dismiss evidence from the complainant solely because it is not supported by documentary proof. The firm should take account of a complainant's limited ability fully to articulate his complaint or to explain his actions or decisions made at the time of the sale

3.3.8 G: The firm should not draw a negative inference from a complainant not having kept documentation relating to the purchase of thepolicy for any particular period of time.

I request that you kindly reconsider your position and re-evaluate my situation and/or provide me with appropriate information that legally informs me of destruction of my personal data.

I look forward to hearing from you shortly."

What do you guys think :think: xx

Excellent my sunny woman that should make them think

sunny8_2

cappo wrote: »

Excellent my sunny woman that should make them think

i wish...they have turned me down :( xx

cappo

sunny8 wrote: »

i wish...they have turned me down :( xx

have you been in touch with the ico sunny?

cappo

sunny8 wrote: »

i wish...they have turned me down :( xx

take this to the fos now sunny you will win this i'm sure the fos view things a bit diffrently i'm sure you will be successful i am gutted about this my woman, anyone on here got any ideas for sunny?:mad::mad::eek::eek::(

Rae115

Di hiya question for you.

following on from my many rants regarding opus their 16 weeks ended today and guess what nothing.

Well ive decided not to call them again as all they do is nothing which winds me up even more.

now what they say is the 16 weeks is from the date THEY acknowledge the complaint not when i sent it. so my 16 weeks has now turned to oct (end).

what do you suggest i do wait till october or resend it to back to the fos

can i send a holding letter / letter b4 acton????

vecbeads

i have had a credit card since '88 and was missold P.P.I.. i have contacted loyds and they have agreed to pay it back plus 8% but only have 6 yrs of info and having had a accident and being unable to work full time i paid off my balance 6 years ago and have used my card sparingly since but i had some statements of my active use going back to 2001. After 2 3/4 hours on hold, i got hold of someone and they told me where to sent info. 4 days later i got a letter offering me a final offer but not saying how they got to that figure.When i add up the P.P.I. they are only offering to repay the sum on the statements i sent and i only sent 1 every 3 months, as requested, as it shows the balance doesnt change that much in between. i spent another 1 1/2 on hold to ask how they came about the figure to be told the person did nt know but if i called again this week they may know then. i said i would not call but to write to me and give me a person i could contact ( preferably by e-mail) and was told no thats not possible. i have spent in total nearly 6 hours on hold and thats over £15. What do i do? i have contacted the ombusman but i then have to start the whole thing again

Ruth1969

Thanks Smitchy, you are quite right and I realised after I'd sent it that i meant to say "to deal with your complant", and not "reply", so apologies if I misled anyone.
I have an update on Lloyds claim, and I am delighted to tell you all that this morning the sum of £2072.91 was credited to my account. RESULT? Absolutely. However, things with Lloyds NEVER run smooth so imagine my shock when i also noticed this moring that a further £2087.04 has ALSO been credited to my account! Yep, it looks like they've paid me twice although the amounts differ!
I won't spend the extra payment of course, but I will sit on it and wait for them to come to and ask for it back. I am certainly not going to waste anymore of my time or money calling their 0845 number, sitting on hold for over an hour just to tell them they have made YET ANOTHER MISTAKE! i wonder how long it will take them to notice, less a 16, 12 or 8 weeks I expect! :O)

cappo

vecbeads wrote: »

i have had a credit card since '88 and was missold P.P.I.. i have contacted loyds and they have agreed to pay it back plus 8% but only have 6 yrs of info and having had a accident and being unable to work full time i paid off my balance 6 years ago and have used my card sparingly since but i had some statements of my active use going back to 2001. After 2 3/4 hours on hold, i got hold of someone and they told me where to sent info. 4 days later i got a letter offering me a final offer but not saying how they got to that figure.When i add up the P.P.I. they are only offering to repay the sum on the statements i sent and i only sent 1 every 3 months, as requested, as it shows the balance doesnt change that much in between. i spent another 1 1/2 on hold to ask how they came about the figure to be told the person did nt know but if i called again this week they may know then. i said i would not call but to write to me and give me a person i could contact ( preferably by e-mail) and was told no thats not possible. i have spent in total nearly 6 hours on hold and thats over £15. What do i do? i have contacted the ombusman but i then have to start the whole thing again

Hi vec this might have to be the route you take with the fos i'm afraid, i'm having this with them myself at the moment, another route you could take is to use a good claims management company who will push this hard for you, i'm going to get wrong for saying it as generally we advocate going and doing it ourselves on here but sometimes theres only so much you can do, saying that if you go down that route don't use a company that if rejected will just put a complaint into the fos, you can do that yourself for free and you don't want to be paying too much commission either what do you other guys think?:)

cappo

Ruth1969 wrote: »

Thanks Smitchy, you are quite right and I realised after I'd sent it that i meant to say "to deal with your complant", and not "reply", so apologies if I misled anyone.
I have an update on Lloyds claim, and I am delighted to tell you all that this morning the sum of £2072.91 was credited to my account. RESULT? Absolutely. However, things with Lloyds NEVER run smooth so imagine my shock when i also noticed this moring that a further £2087.04 has ALSO been credited to my account! Yep, it looks like they've paid me twice although the amounts differ!
I won't spend the extra payment of course, but I will sit on it and wait for them to come to and ask for it back. I am certainly not going to waste anymore of my time or money calling their 0845 number, sitting on hold for over an hour just to tell them they have made YET ANOTHER MISTAKE! i wonder how long it will take them to notice, less a 16, 12 or 8 weeks I expect! :O)

You've got that right ruth congratulations:):):):T:T:T:cool::cool::cool::D:money::money::money::j:j:j:j:beer::beer::money::money: