PPI Reclaiming Discussion part 4

debtfreemission

Thanks, I was hoping to claim for credit card charges from them and A&L but difficult without the documentation which they will not provide. Regards to the loan agreement I have one copy of a top up loan so will have to work with it. Might try one final sars and see. If I could afford it I would get legal advice but defeats the purpose as you have to pay them. Anyway will keep everyone posted

Thanks for your help

marshallka

debtfreemission wrote: »

Thanks, I was hoping to claim for credit card charges from them and A&L but difficult without the documentation which they will not provide. Regards to the loan agreement I have one copy of a top up loan so will have to work with it. Might try one final sars and see. If I could afford it I would get legal advice but defeats the purpose as you have to pay them. Anyway will keep everyone posted

Thanks for your help

I assume the accounts were closed then over 6 years ago as this is when they do not have to supply data. If they were closed anytime within the last 6 years then they should.

Let us know how you go on and good luck

Gem_30

Hi Everyone

Need some help. I am trying to claim PPI for my partner, he took out on 2 store cards both with capital one which are now santander. I sent the first letter off and within two weeks received the same reply for each one. Basically saying no to my request for a refund.

In the letters they have sent back are copies of the original forms in which he signed to take out the store cards back in 2000 and 2004 both include PPI.

Does this mean I don't have a chance in claiming anything back?

Any help would be very much appreciated as I am not sure what to do next.

Many Thanks

marshallka

Gem_30 wrote: »

Hi Everyone

Need some help. I am trying to claim PPI for my partner, he took out on 2 store cards both with capital one which are now santander. I sent the first letter off and within two weeks received the same reply for each one. Basically saying no to my request for a refund.

In the letters they have sent back are copies of the original forms in which he signed to take out the store cards back in 2000 and 2004 both include PPI.

Does this mean I don't have a chance in claiming anything back?

Any help would be very much appreciated as I am not sure what to do next.

Many Thanks

If you take a look through the guide here it will give you some idea of what other things can result in misselling. Just because you signed does not mean you were not missold.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

If anything is applicable to your complaint then write back and they will send you a final response. If their letter is a final response then you can ring and ask the FOS if they will look into the complaint for you.

skintmumofone

di3004 wrote: »

Hi hun and your welcome.;)

Sorry to hear of the runaround here, its not on is it?

Yes unfortunately 8 weeks they have, how long has this been with them so far?

Hi Di today was only the 3rd week so technically have to about the 14th October before I kick !!! again lol.

Cant believe how stupid that girl was today when I phoned the local branch then they gave me a number which I phoned and she put me on hold and I was back where I started again lol was sad!

Got letter from Abbey advising they are looking into my complaint again and will revert back to me in due course? I have this with the FOS they hammered me in over £400+ bank charges when trying to take 2 direct debits out at least 5 times each one and when I phoned them before the charges were due to be added they refused to help me until I was overdrawn! I was sooo mad!

Not heard from the Halifax re my other 3 loans, Direct Line or the other ones GE Capital they also have been with the respective companies for 3 wks, just a waiting game.......

The waiting game is not a nice game to play especially when "impatient" ismy middle name lol:rotfl:

PaulinWeston

marshallka wrote: »

If the accounts are actually settled now then they do not have to actually provide these agreements but you can request them in a SAR. I assume you actually sent them £1 for the agreements and not a full Subject Access request for the charge of £10. If it was the SAR you had requested and the accounts are over 6 years old since you settled then again, they do not have to supply them. They are only obliged to keep records for a maximum of 6 years since closing any accounts.

If you ask for the "STATEMENTS" then they can charge you any amount they choose to provide them!!! - the £10 fee for a SAR is for the information they hold.... Make sure you ask for the right thing or else you may get the run-around!!

the words I used (successfully) were:

I am writing to request a fully comprehensive list of all the default charges for late payments or going over my credit limit that you have charged on the above account over the last six years; together with a copy of my credit card agreement with xxx.

Please find enclosed a postal order for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but a fully comprehensive list of all the default charges for late payments or going over my credit limit that you have charged , which I’m entitled to by law.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

I look forward to your response within 40 days, as XXX is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.
Hope this helps

PaulinWeston

Gem_30 wrote: »

Hi Everyone

Need some help. I am trying to claim PPI for my partner, he took out on 2 store cards both with capital one which are now santander. I sent the first letter off and within two weeks received the same reply for each one. Basically saying no to my request for a refund.

In the letters they have sent back are copies of the original forms in which he signed to take out the store cards back in 2000 and 2004 both include PPI.

Does this mean I don't have a chance in claiming anything back?

Any help would be very much appreciated as I am not sure what to do next.

Many Thanks

There's still a chance for you (I've been in a similar position) Basically the limitation period starts from the time that you discovered the 'mistake' (or might reasonably have been able to discover it).

I am in the process of a county court claim where the company I am complaining about are arguing that my case should be dismissed as it is time barred. However, I have sought advice from a barrister who states:

Section 32 (c) of the Limitation Act 1980 postpones the commencement of the limitation period in cases of mistake. In [this] case, [the] mistake was in believing what I was (and was not) told by the salesman acting as an agent for the company.

I thought that it was lawful to make PPI compulsory even though I stated I did not want it. I only learned that it was not lawful to do so earlier this year when I took advice after reading about just this type of mis-selling of PPI in the press and on the internet .

The House of Lords in Kleinwort Benson v Lincoln City Council [1998] UKHL 38 changed the law of mistake so that 'ignorance of the law' is now no longer 'no excuse'. The consequence of that decision is that limitation will only now run from the date of my first knowledge of my remedy in law.

Hope this helps....

amersall

skintmumofone wrote: »

I am still waiting on my letter from WF with the amount they are paying back and the breakdown, but I noticed on my bank statement they are still taking the full payment of £320 out should I phone them and find out what my new payment will be as they said in the letter they would be cancelling my PPI and giving me a note of what my settlement would be am a bit stuck as I was in arrears with the payments of £261.59 and have paid £320 for the last 8 months to catch up on the arrears - hoping that once they calculate and take all the interest charges and default charges off me that I wont be owed them anything fingers crossed.

Received my compensation cheque from BOS last week for £100 so right into the bank it went lol.

Sent the form away for hubbys claim to Black Horse so just waiting on payment. Getting there sloooowly but getting there just waiting on replies from Halifax about the 3 loans then going to tackle the 6 credit cards lol oh the joys.......hehe

well done to you for not giving up.you will get there in the end, the banks hope we will get fed up and forget about it, but we are made of stronger stuff you go get em

Cutiesinger1976

I had received a letter a while back from Cap One and they stated that they would not be refunding me my PPI so I sent my second letter to them and it worked!

They have offered me £112.89 including the interest as a goodwill gesture, now I was with them for 4 years so is this a good offer? Should I accept?

Also my bank, First Trust in Belfast have said no to my first letter so I will be sending my second letter to them as they would owe me a hell of a lot more as my PPI with them was for a loan of £10,000 which was then topped up so they would owe me a tridy wee sum methinks!

Also Mint got back to me too offering me £26!!!! Ive been with them 1 year, surely thats a joke?

Any advice on Cap One folks would be greatly appreciated! :T

Im STILL awaiting a decision from Barclaycard also.

Anyway a good result at least I reckon.

Thanks all.

Marianne:A

di3004

Cutiesinger1976 wrote: »

I had received a letter a while back from Cap One and they stated that they would not be refunding me my PPI so I sent my second letter to them and it worked!

They have offered me £112.89 including the interest as a goodwill gesture, now I was with them for 4 years so is this a good offer? Should I accept?

Also my bank, First Trust in Belfast have said no to my first letter so I will be sending my second letter to them as they would owe me a hell of a lot more as my PPI with them was for a loan of £10,000 which was then topped up so they would owe me a tridy wee sum methinks!

Also Mint got back to me too offering me £26!!!! Ive been with them 1 year, surely thats a joke?

Any advice on Cap One folks would be greatly appreciated! :T

Im STILL awaiting a decision from Barclaycard also.

Anyway a good result at least I reckon.

Thanks all.

Marianne:A

Hi Marianne

If your not happy with the outcome of the offers, you can always try writing back, by still holding them responsible for mis selling, then this way if they finally admit to it they have to or should repay you the whole lot of PPI you have already paid, plus the interest etc.

If they do not resolve in your favour, then you have the chance to move on to the Financial ombudman service (FOS).

It is entirely up to you hun either way good luck with all of these.:beer: