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PPI Reclaiming Discussion part 4

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  • cappo
    cappo Posts: 2,121 Forumite
    Belle84 wrote: »
    Hi

    I'm sorry to bother you all but i was after a little advice if possible.

    I am going to be sending off the SAR letter to HSBC asking for details for my mums account. She has been with them for many years and has had many loans and a credit card with them.

    I was wondering if i just asked for details on her bank account only (as she hasn't changed names and has always had this account) would they send details of the loans that she has had and credit card. As my mum has no details of any loans etc but remembers paying ppi.

    Any advice would be helpful before sending off the letter with the £10.

    Thanks:)




    Hi belle with a sar they should technically give you all the info they hold on you if there is anything missing you are within your rights to ask for it as the banks have to comply under the data protection act 1998 and thats the law, good luck.
  • arthurk
    arthurk Posts: 43 Forumite
    edited 29 December 2011 at 7:09PM
    I wrote to HSBC to send me the paperwork for the loan I've paid off as I don't have it and have no way of confirming PPI was sold. Basically I've took a load and as far as I remember they created new account to which I was paying the loan back but since it was paid off I have no way of finding this account number so in the paperwork I've stated my current account number. Here's what HSBC wrote back:

    I used this template: http://www.moneysavingexpert.com/redir/3b580615

    The request you have made under Section 77 of the Consumer Credit Act 1974 is not valid and HSBC has no obligation to provide the documentation you seek. This is because the reference number you have provided does not pertain to any loan held by you. Please note Section 77 does not apply to closed/repaid loan that is no longer in force.

    I've only took 1 loan with them. Is there anything I can do to get this paperwork ?
    Regards,
    Arthur
  • di3004
    di3004 Posts: 42,579 Forumite
    arthurk wrote: »
    I wrote to HSBC to send me the paperwork for the loan I've paid off as I don't have it and have no way of confirming PPI was sold. Basically I've took a load and as far as I remember they created new account to which I was paying the loan back but since it was paid off I have no way of finding this account number so in the paperwork I've stated my current account number. Here's what HSBC wrote back:

    I used this template: http://www.moneysavingexpert.com/redir/3b580615

    The request you have made under Section 77 of the Consumer Credit Act 1974 is not valid and HSBC has no obligation to provide the documentation you seek. This is because the reference number you have provided does not pertain to any loan held by you. Please note Section 77 does not apply to closed/repaid loan that is no longer in force.

    I've only took 1 loan with them. Is there anything I can do to get this paperwork ?


    Hi there

    I personally think a full Subject access request (SAR) would be more appropriate, as they MUST comply to this request and provide you with all data still held on the account, so basically with this being a little different to the one you sent, this SAR they normally provide details on all accounts taken out with them at least the last 6 years, so even if the account was paid off within the last 6 years, some businesses hold data for even longer, but they must comply to this one under the Data Protection Act (DPA).

    There is a full template letter for this below link the knockback is that you pay more for this at £10 cheque or postal order, but if you taken out a few accounts with them this one payment and letter covers for all.
    They have 40 calendar days to comply.

    https://forums.moneysavingexpert.com/discussion/1475553

    Any problems from there, you can threaten to complain to the Information Commissioners Office (ICO).

    Hope this helps.

    Good luck.:)
    The one and only "Dizzy Di" :D
  • arthurk
    arthurk Posts: 43 Forumite
    Thanks, will give this a try.
    Regards,
    Arthur
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    HebeR wrote: »
    Hello and festive greetings!

    Thanks to MSE helpfiles for encouraging me to take the plunge and apply for a PPI reclaim.

    Would someone be able to advise me? Co-operative have been helpful and straightforward with my application for PPI reclaim. However they can only find records dating back to October 2000. I found evidence from credit reports that show the account began in February of that year, but apparently this is not enough to increase the PPI payment offered. Below is an excerpt from the letter I received this month:

    "I understand you have asked for us to recalculate our offer of [£xxxx.xx], which covers the term of October 2000 to November 2011, as you have provided credit reference reports indicating that your account opened in February 2000.
    "Our offer was based on evidence of Payment Protection Insurance (PPI) transactions located on the monthly statements available on our systems. Although we are only obliged to hold such information for a period of six years, in this instance we were able to locate statements as far back as October 2000. Whilst the information you have provided matches our own data regarding when your account opened, February 2000, we only offer refunds of transactions for which we have evidence.
    "Based on the above, I can confirm that the offer in our letter of November remains unchanged. However, if you are able to provide statements predating October 2000, which show PPI transactions being added to the account, we will be happy to add these to our offer."


    Is it worth pursuing this in anyway? If so, what can I do?
    I cannot find a copy of the credit agreement - is it likely the bank will still have a copy?
    I cannot find any statements from that time to back up my claim.

    I must say I was very surprised to be offered anything at all, and would be happy with what I have been offered, except for a tiny voice in my head, which is wondering if due to lack of knowledge, I could be shortchanged. The credit card helped to bridge the gap while a student, and repayments with the unbeknownst addition of PPI were quite a burden. It would be nice to be able to claim back to the start of account, which is undoubtedly when the PPI would have been added.

    Hope you can help to put my mind at ease over this issue. Many thanks fellow forum users.
    Hi there, if you have statements that show you paid ppi before 2001 then you can send copies of these and ask them to reconsider.
    Your agreement may be of no use to you as ppi on a card is usually put on when you telephone to activate the card,you are lucky they are going back 10 years,some only go back 6 without proof.
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Thanks amersall I thought I was advising the right way to go but just needed that confirmation that I was correct - It is a big responsibility for me to be advising someone that trusts you.

    I think I will still try for copies of statements going back the start of the PPI for me to see how the Charges/Interest have kept him going just over limit because of not knowing when Charges coming and to leave some JSA in to cover because if he hadnt got the PPI and Interest charge coming out odd times up tp limit wouldnt have happened.

    Thanks for your advice and I will update after Bank visit - I will then need a bit of help with the Claim letter and Form
    Good luck,do a SAR for the statements,dont just ask the bank for statements,they could charge you for each one!!.
  • So, was all set to send my letter to the boss of the FOS today, but was contacted by the FOS rep on another thread They have offered to pass my letter on and look into my complaint for me.

    Should have grumbled on here a while ago!!

    I'll let you all know what happens.

    Stunty
  • cappo
    cappo Posts: 2,121 Forumite
    edited 29 December 2011 at 10:56PM
    Hello there Sunnyk

    I'm sorry to hear about the delay. I can take a look into this for you, just email me your reference number or postcode to forumresponses@financial-ombudsman.org.uk. Alternatively, if you call the adjudicator dealing with your case directly they should be able to give you an update.

    Thanks
    Phillipa





    Hi phillipa having a bit of bother with barclays had a rejection on a morgan stanley card, sent it in to you guys then barclays agreed to uphold it without liability and get this had a letter from them (barclays) just before christmas saying that i did'nt have ppi so they won't uphold it now what a load of ~#ap, i've talked to the fos and they've asked me to send barclays latest letter back, it's news to them as it is to me. I have a letter going back to march (original rejection letter) telling me that morgan stanley applied the policy in 2004 and ppi payments show on my statements, barclays are now saying that i did'nt have ppi and they will send my statements to the fos as the statements don't show ppi, i think they might have reconstituted my original statements to make them look like i never had the ppi, i'm now sending my letter back to the fos for them to sort it out, what do you think, it sounds extremely fishy to me how can you do an investigation reject it then uphold it then do another investigation and reject it again. thanks,steve
  • lrboylin
    lrboylin Posts: 7 Forumite
    edited 6 January 2012 at 8:38AM
    Hi
    I thought i would add my success story.
    I took out a loan with first plus in 2005:( and finally finished paying for it in August 2011:j:beer: After reading all sorts of horror stories on the web and other forums about there cash-back and how much i would pay at the end, i was worried to say the least :eek: Well after contacting them for the last 6 payments, every month until the last payment, i was scared that i would not get the loan PPI cash-back as promised at the start of the loan, well i have to say that i got it back and had no problems:jand was quick and painless.
    I do think that if you have any problems it is down to missing payments etc...
    So i thought hang on, what about all the interest that i have paid on the insurance, so after using MSE PPI reclaim tools, sent the letter off in October 2011 and thought i would get a letter saying 'get lost' but they kept me informed with a couple of letters through October and November and then in December sent me a settlement figure for a £1000 MORE than i had requested...ching ching happy days!:T:j:beer:
    So all i can say is that i did not have any issues with first plus and they were very good.
    PPI cash-back as promised at start of loan = £4404
    My reclaim request for loss of interest was £921 but they offered me a settlement figure of £1991!
    So total cashback from first plus = £6395
    I just wanted to add a happy success story after using first plus and there cash-back/PPI reclaim process, the only downside to them was there interest rates were far too high.
    Would like to say thanks to MSE site and the free tools / forums that are on here to make things like this much easier and painless :T:beer:

    update 06/12/2012, just received the cheque for £1991 yesterday and they said it would be 6-8 weeks but only took 2 weeks and that included the letter coming before Xmas....only downside is that i have to get my ECU unit on my car repaired now!!
  • Thanks Cappo.

    I will give it a go. I was lucky enough to come across a loan agreement with Halifax and have just had the settlement cheques this morning. Holiday here we come.

    Thanks again
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