Mortgage PPI - query

Zaxafreon

Guys - sorry but have to own up to feeling a bit of a **** when it comes to financial matters when all std common sense seems to go out the window.

Help and advice please

Remortgaged house October 2003 taking out an increased loan to consolidate some short term loans (bad move I know). Mortgage originally with Stafford BS - which has become now a Nationwide mortgage (via Portman).
The remortgage was arranged through a IFA working for Available Mortgages Ltd which according to paperwork they were registered with Mortgage Code Compliance Board (??).

The various bits of paperwork (showing mortgage offer costs /fees etc ) dont seem to mention ASU cover other than a footnote which talks about 4 months free ASU cover. However at the back of the Mortgage Illustration there is a separate sheet which does show that cover to be included @ ~ £20/month.
Also (unfortunately) a couple of sections in the mortgage paperwork it points out that the mortgage does not require compulsory ASU cover.

I cant find copy of the specific original forms I must have signed agreeing to taking this PPI out. The payments started in Jan 2004 I believe and must admit didnt notice for a while after that , and then I thought stuck with it - yes I hear you scream "why didnt I read the terms and conditions which would have told me I could have cancelled !!!"

My personal situation is that I have worked for same employer full-time since 1981,. The company has a very good redundancy package, and illness sickness benefits package (the latter giving full pay for 6 months then reducing down to half pay next 6 months).

I had never taken out any similar protection on previous mortgages taken out since 1989 and have never done so on any other loans etc (I am continually having to refuse the offers from credit card companies for the same).

Do you think have any case at all ?
If so would I have to send the letters to the broker ? How do I know if they were regulated by a valid regulator prior to FSA ?

I plan to cancel the payment now anyway so that I at least can start saving the £25/month

Thanks
in anticipation

maxdp

This SAR was kindly supplied by Incipience.

DATA PROTECTION ACT 1998
SUBJECT ACCESS REQUEST

Date: xx:xx:xxxx

Dear Sir/Madam
Name xxxxxxxxxxxx
Account No’sXXXXXXXXXXXXXXXXXX


I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts and credit cards accounts

I would be grateful if you would provide the following for ALL accounts or associated accounts I hold or have held with your organisation:

1. Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.
2. A complete list of all transactions or statements relating to ALL of my Loan Accounts with your organisation.
3. Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
4. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.
5. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
6. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
7. Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my account.

Where you have used abbreviations and/or codes, I would request that an accompanying sheet be provided so as to translate these abbreviations and/or codes and their meanings, I also request an accompanying appendices of the documents included and reference to the purpose or meaning to those documents.

I request that you provide all the information requested above, even though you may consider that it falls outside Data Protection.

I reserve the right to refer to the contents of this letter if an application for pre-action discovery is necessary relating to any of the documents requested herein.

I enclose a cheque in the sum of £10 to cover your fee.

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

I look forward to hearing from you in the first instance of receipt.

Your Faithfully.

.................................................. .................................................. .......................
Details of:
SAR (SUBJECT ACCESS REQUEST)




For anyone requesting a Subject Access Request (SAR), they have 40 days to comply and send you all the information they have on you on your accounts.

£10 cheque payment or postal order is required.

Always post by recorded delivery.

When you receive the SAR, you should receive all that is requested within the template, if in doubt just post up here where someone will be able to confirm what is what.

You will or should receive all information going back as far as 6 years, you may be lucky to receive information going back even further, every company varies from one to the other.

Write again to the company if you believe they have not given everything requested, they should write back within a short time and confirm if that is everything they do have on you and your account(s) with them.

You do not always receive recorded discs, however phone calls made Jan 2005 after may have been recorded, where they may then supply the recordings, but otherwise you should receive transcripts of dates, times etc of when calls were made and the reasons for the phone calls.

If there were a joint loan taken out, and you both require details, most companies will want 2 payments of £10 x 2 = £20 cheque or postal order and require 2 signatures, check this with the company concerned to save on time and any come backs.

Again if you feel let down you can always contact the Information commissioners Office, known as the ICO who will be able to direct you here, here is the ICO website for your interest, check this out, as more information will be within their website.
http://www.ico.gov.uk/for_the_public.aspx

dunstonh

Products sold through advisers are actually much harder to claim on than those that are not. Mainly as the adviser will have documented your financial status and identified your needs. So, as long as there is a financial need, they have to recommend it.

If you make a complaint saying you didnt need it and the client file shows you did then it will be rejected.

ASU wouldnt have shown up in many places back in 2003 as there was no requirement for it to back then. Mortgages themselves didnt become regulated until October 2004.

Also, ASU (or MPPI as its now called) is able to be paid without being tested against other benefits (employer or state). PPI is the one that is. So, claiming your employer would pay you doesnt matter. It would still pay out. Had it been PPI then you would have had a case.