Alliance& Leicester ppi problem - please help!

di3004

Katat wrote: »

Hi di3004

I received the letter below from A&L today. This was in reply to the reminder I sent on 13 Jan 09 as I had not had a response to my initial letter. Someone else had written a few days ago saying there was no recording of the call nor a copy of my original contract and I have already replied to that one saying not good enough and I don't accept their account of my requseting the PPI on the phone. Seems like more than one person is dealing with this?

As expected the letter below tells me to get stuffed or go to the FOS so not sure what to do next. I maintain I did not request PPI as they say I did given past experience with them about PPI when I had a loan which I explained in my initial post. Any suggestion as to what to do? I have not sent the SAR letter yet and now not sure who to send it to.

Thanks!
K

Letter received today 11.02.09

Dated 02.02.2009

Dear xxxx

Account xxxxx

Thank you for your letter dated 13.01.09 regarding the Payment Protection Cover (PPC) and the additional issues on your Alliance & Leicester credit card account which is issued by MBNA Europe Bank Ltd.

I note from your letter that you feel you are ineligible for the PPC due to your employment status and are now requesting that we issue a full refund of premiums. I confirm that even though you are self employed you are still eligible for PPC. However there are certain criteria that must be met in order for you to claim.

Our records show that the PPC was applied to your account following a conversation with one of our specialists on 6 May 2003. At A&L credit cards we are not required to record 100% of our calls, we are however confident that our sales process is compliant. Our associates are trained and assessed to a high standard and as an additional measure the bank conducts thorough call listening quality reviews on a regular basis; these are completed by both the team manager and a stand-alone quality team with the bank.

Furthermore, our associates receive regular coaching and feedback and are equipped with a fully compliant script when offering an insurance product. This script ensures all customers are provided with detailed information regarding the policy, including key features and benefits, eligibility and exclusions to allow them to make an informed decision. To ensure compliance with legal and regulatory requirements no advice or recommendations are given as part of our sales process.

We do not require signed confirmation as you agreed to the cover verbally and the terms and conditions were issued. These provided you with 30 days in which to read and cancel, should the policy not meet your requirements. Also you could have contacted us at any time to discuss the details of the policy should you have had any questions relating to the benefits and exclusions applicable to the cover.

Since the policy was applied updated versions of the PPC have been issued. These were sent in November 2004 confirming the change of insurers and more recently in January 2007 advising a change to the benefits and increase in cost. These also provide you with a further opportunity to contact us to discuss the details of the policy.

PPC premiums have clearly shown on each of your monthly statements where a balance has remained outstanding. The terms and conditions of the credit card state that it is the customers responsibility to ensure they check each statement and contact us if they dispute any transactions.

The cover is an optional benefit and can be cancelled at any time. Following my investigations I note that you contacted us on 10 July 2007 to request the cancellation of the PPC. In line with the terms and conditions of the policy we require 30 days notice to cancel the cover, therefore a further premium was charged.

I regret to advise you that I am unable to issue a refund of the premiums. Having considered all details of this case I am satisfied that the cover was requested and that you have ben covered in line with the terms and conditions of the policy.

Finally, I am aware that my response may not meet your expectations; however I believe this issue has been fully addressed. It therefore appears that we have now exhausted our internal complaints procedure. Consequently, this is our final response.

If you are still dissatisfied with this final response you may refer your complaint to the Financial Ombudsman Service within 6 months of the date of this final response letter.

Their address is as follows:

Financial Ombudsman Service
Customer Contact Division
South Quay Plaza
183 Marsh Wall
London
E14 9SR

We will not enter into any further correspondence regarding this matter unless instructed to do so by the Financial Ombudsman Service.

Yours sincerely,

Gail Powell
Vice President

Enc. Financial Ombudsman Service booklet.

Hi hun

Thanks for posting this.

Right hun from here then its time to move on, I take it you want to go this direction free through the FOS and not the courts?

Take a few photocopies of your letter here and enclose this with the complaint form to the FOS, and also take a photocopy of the completed FOS complaint form and send one to A&L, tell them you have now moved this on t the financial ombudsman service to investigate your complaint.
(you never know even though your complaint is within the FOS, they may change their views on it, if that is the case them let the FOS know).

You can download a complaint form here
http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Or ring them where they will send one through the post with a ref number.

I would continue to send the complaints form into the FOS and if you receive anything to support this later on through the SAR, you can send these at a later date.

I have an address here for A&L to request a SAR below and the SAR template letter is on the SAR thread you will see on this thread.
ADDRESS for Data Protection Act S.A.R.

ALLIANCE & LEICESTER PLC
CARLTON PARK
NARBOROUGH
LEICESTER
LE19 0AL

Keep us posted hun, hopefully some useful info will come through within the SAR.;)

Di
X

Katat

Hi di

Thanks for your reply. I have downloaded the FOS complaint for to fill in and will send it off today or tomorrow. Should I include a covering letter once again reiterating my reasons? I have always been diligent in keeping copies of all my correspondence with A&L and I have all my bank statements going back over 10 years including the ones from 2003 to 2007 showing PPI charges. In my files I cannot find a copy of the letter they say they sent in November 2004 about changes to insurers and new policy details and the 'letter' they say they sent in Jan 2007 is a leaflet about changes to PPI policy benefits starting 1st Feb 2007. It is not addressed to me or referring to a specific policy but a general info leaflet that they must have sent to all A&L customers so I would not have read it thinking it had anything to do with my account. I still have it in my files along with other general mailshots sent out by A&L over the years as that is what it seems to be - a mailshot.

As I have 6 months to send my complaint to the FOS do you think I should wait to hear back from the other person I wrote to on Monday saying I did not accept his claim that I requested PPI on the phone and where I gave my reasons? If I don't get a reply within the 14 days I stipulated then I will assume I won't be getting one and go ahead and post my FOS form, but if I do hear back within the 14 days there might be some useful info in his reply that may be relevant to my complaint to the FOS?

Sorry to sound so wishy washy but I want to make sure I get it right and include all comments from A&L that may help my case from the outset.

In the meantime I will send the SAR letter though.

I would prefer to do this through the FOS rather than going to court but if that becomes necessary I will do it. I am so fed up with big corporations getting away with underhand practices because they manage to intimidate individuals who dare to complain and I am prepared to follow it through doggedly despite what they say in their letters about having done everything by the book. With help from people you and this site I am sure I will have the courage to do it!

K

di3004

Katat wrote: »

Hi di

Thanks for your reply. I have downloaded the FOS complaint for to fill in and will send it off today or tomorrow. Should I include a covering letter once again reiterating my reasons? I have always been diligent in keeping copies of all my correspondence with A&L and I have all my bank statements going back over 10 years including the ones from 2003 to 2007 showing PPI charges. In my files I cannot find a copy of the letter they say they sent in November 2004 about changes to insurers and new policy details and the 'letter' they say they sent in Jan 2007 is a leaflet about changes to PPI policy benefits starting 1st Feb 2007. It is not addressed to me or referring to a specific policy but a general info leaflet that they must have sent to all A&L customers so I would not have read it thinking it had anything to do with my account. I still have it in my files along with other general mailshots sent out by A&L over the years as that is what it seems to be - a mailshot.

As I have 6 months to send my complaint to the FOS do you think I should wait to hear back from the other person I wrote to on Monday saying I did not accept his claim that I requested PPI on the phone and where I gave my reasons? If I don't get a reply within the 14 days I stipulated then I will assume I won't be getting one and go ahead and post my FOS form, but if I do hear back within the 14 days there might be some useful info in his reply that may be relevant to my complaint to the FOS?

Sorry to sound so wishy washy but I want to make sure I get it right and include all comments from A&L that may help my case from the outset.

In the meantime I will send the SAR letter though.

I would prefer to do this through the FOS rather than going to court but if that becomes necessary I will do it. I am so fed up with big corporations getting away with underhand practices because they manage to intimidate individuals who dare to complain and I am prepared to follow it through doggedly despite what they say in their letters about having done everything by the book. With help from people you and this site I am sure I will have the courage to do it!

K

Hi hun

Yes get a few photocopies done and enclose copies as well, it all helps.
A&L may send everything you require within the SAR and the changes leaflet as well.

Yes I know what you mean, you want to get it right first time. I can understand that.

Its up to you if you want to wait for an outcome from the other person as you do have 6 months from the date of letter.;)

Please keep us posted so we can continue to help you if you wish and as you know the FOS are free, and if you did decide on the courts I am sure someone will be able to help and advise here in this case, but I imagine it will all go well within the FOS.

Fingers crossed and look forward to hearing from you.

Di
X

Katat

Hello di,

Just to keep you updated:

I posted the SAR letter with a £10 postal order this morning. I understand they have 40 days to respond.

Does it make any difference to my situation that when I sent the CCA letter request with £1 the response was that A&L are unable to retieve a copy so unable to send it? Is this in my favour or against it? I am about to complete the FOS form and send that with relevant copies of correspondence. Is there anything else I need to do at this point or just sit back and wait?

Best,

K

di3004

Katat wrote: »

Hello di,

Just to keep you updated:

I posted the SAR letter with a £10 postal order this morning. I understand they have 40 days to respond.

Does it make any difference to my situation that when I sent the CCA letter request with £1 the response was that A&L are unable to retieve a copy so unable to send it? Is this in my favour or against it? I am about to complete the FOS form and send that with relevant copies of correspondence. Is there anything else I need to do at this point or just sit back and wait?

Best,

K

Hi hun
Thanks for posting.

Please remind me to save looking back how long ago was it that you had taken out finance with A&L?
If less than 6 years they should send this to you, if your having problems with retrieving this document I would maybe contact the ICO (information commissioners office to see what they say about this, as this is actually the main document here:
https://www.ico.gov.uk/Global/contact_us.aspx

The SAR does come in handy to find other PPI info but the agreement is the main item needed.
Did they write back and tell you they were unable to supply this?
As this document should only take 12 days to come back after request.

It may or may not come back within the SAR but as this item could have been delivered to you within 12 days, we could have acted quicker, so if you can check again here or any more problems here contact the above link added, please let us know what they say, cheers hun and good luck.;)

Katat

Hi di
Thanks for getting back to me so quickly.

I originally had a loan with A&L on 10/11/98 so that was more than 6 years ago. In 2000 I wanted to pay it off early when I was made redundant and they refused my PPI claim because I decided to become self employed and not claim unemployment benefit so they said I was ineligible to make a claim.

That is not the PPI I am trying to claim back now though; the only reason I have brought that one up in my current dispute is that they knew I was self employed when they suddenly started applying PPI to my credit card in 2003 (after having the card for 9 years without PPI and within 2 months of passing the account to MBNA!) and that they had turned down a previous claim based on that fact. They say I asked for it on the phone though they have no recording of the conversation so cannot send proof of such a conversation. I am saying I didn't ask for it as being self employed I knew it was a useless insurance to me and it was only in 2007 I realised I had been paying it all that time (yes, I know I should have checked my statements more diligently!)

So, the PPI I am arguing about with A&L was from 2003 to 2007.

I first asked for the copy of my original agreement and a breakdown of PPI charges month by month on 15.11.08 but it was ignored. I sent a reminder on 12.12.08 and on 23.12.08 I got a letter saying I would receive a response within 5 working days. The next day I got another letter saying I would get a response within 10 working days.

On 13.01.09 I wrote again as I had still not received a response as promised. No response once again. On 02.02.09 I sent the CCA template letter requesting the info once more and enclosed a cheque for £1. I then received a letter dated 04.02.09 which stated " Thank you for your letter dated 19th January 2009. I am unable to retrieve a copy of your initial credit card application form* and signature pack as this was completed prior to your account being administered by MBNA. I confirm that MBNA took over the administration of of your account from the previous credit card holder Alliance &Leicester in March 2003. Your credit card application was completed in May 1994" It was in the same letter that they said they have no recording of the so called telephone call from me asking for PPI.

(*The letter refers to my CC application form though the CCA letter I sent asked for a copy of the agreement which I think is different?)

So, 3 months after my initial request I got a reply but no copy of the agreement as they are unable to retrieve it.

Does all this make sense?

Best,
K

ps I just had a quick look at https://www.ico.gov.uk/Global/contact_us.aspx but not sure what I would be looking for on the site - any pointers?

di3004

Katat wrote: »

Hi di
Thanks for getting back to me so quickly.

I originally had a loan with A&L on 10/11/98 so that was more than 6 years ago. In 2000 I wanted to pay it off early when I was made redundant and they refused my PPI claim because I decided to become self employed and not claim unemployment benefit so they said I was ineligible to make a claim.

That is not the PPI I am trying to claim back now though; the only reason I have brought that one up in my current dispute is that they knew I was self employed when they suddenly started applying PPI to my credit card in 2003 (after having the card for 9 years without PPI and within 2 months of passing the account to MBNA!) and that they had turned down a previous claim based on that fact. They say I asked for it on the phone though they have no recording of the conversation so cannot send proof of such a conversation. I am saying I didn't ask for it as being self employed I knew it was a useless insurance to me and it was only in 2007 I realised I had been paying it all that time (yes, I know I should have checked my statements more diligently!)

So, the PPI I am arguing about with A&L was from 2003 to 2007.

I first asked for the copy of my original agreement and a breakdown of PPI charges month by month on 15.11.08 but it was ignored. I sent a reminder on 12.12.08 and on 23.12.08 I got a letter saying I would receive a response within 5 working days. The next day I got another letter saying I would get a response within 10 working days.

On 13.01.09 I wrote again as I had still not received a response as promised. No response once again. On 02.02.09 I sent the CCA template letter requesting the info once more and enclosed a cheque for £1. I then received a letter dated 04.02.09 which stated " Thank you for your letter dated 19th January 2009. I am unable to retrieve a copy of your initial credit card application form* and signature pack as this was completed prior to your account being administered by MBNA. I confirm that MBNA took over the administration of of your account from the previous credit card holder Alliance &Leicester in March 2003. Your credit card application was completed in May 1994" It was in the same letter that they said they have no recording of the so called telephone call from me asking for PPI.

(*The letter refers to my CC application form though the CCA letter I sent asked for a copy of the agreement which I think is different?)

So, 3 months after my initial request I got a reply but no copy of the agreement as they are unable to retrieve it.

Does all this make sense?

Best,
K

ps I just had a quick look at https://www.ico.gov.uk/Global/contact_us.aspx but not sure what I would be looking for on the site - any pointers?

Hi hun

Check this information out here:
http://www.ico.gov.uk/for_the_public.aspx

Its a good read and your rights to your data, this company if you contact them they should be able to guide you in the right direction with this matter, otherwise someone else may post up to give some useful info, hope this link helps and please keep posting if you need to, your most welcome.;)

Katat

Thanks di,

I have been looking at the ICO site since your last post and cannot find anything specific to PPI claims or CCA requests. However, I did read the info on SAR's and it says after 40 days if the request is not met or not satisfactorily met I can ask the ICO to intervene. Looks like I will have to wait for the 40 days and see what A&L send before I can do anything else.

Still not sure about what to do about not getting a copy of my CCA except cross my fingers and hope!

Not feeling too confident about a good result as I feel I have come up against a brick wall and cannot find out what my rights are or where I stand from reading the forums - so much conflicting info and advice which makes it all rather confusing.

Will certainly post anything that happens down the line.

Thanks so much for your help - it has been invaluable.

Best,

K

di3004

Katat wrote: »

Thanks di,

I have been looking at the ICO site since your last post and cannot find anything specific to PPI claims or CCA requests. However, I did read the info on SAR's and it says after 40 days if the request is not met or not satisfactorily met I can ask the ICO to intervene. Looks like I will have to wait for the 40 days and see what A&L send before I can do anything else.

Still not sure about what to do about not getting a copy of my CCA except cross my fingers and hope!

Not feeling too confident about a good result as I feel I have come up against a brick wall and cannot find out what my rights are or where I stand from reading the forums - so much conflicting info and advice which makes it all rather confusing.

Will certainly post anything that happens down the line.

Thanks so much for your help - it has been invaluable.

Best,

K

Not a problem, I have also sent you a private message.:D XX