Credit Card PPI - Cant Remember When/How Account Was Opened!

dazed_and_confused_3

Hi

Apologies in advance for any stupid questions but I haven’t been able to find an answer to my query using the main PPI reclaiming part of the site, other PPI threads on the forum or by using the search tool.

Basically, I believe I am able to reclaim for mis-sold PPI on my Halifax credit card for a number of reasons, including the fact that as I was at uni when I first took out the credit card I was either unemployed or working part-time, and thus would have been of little or no use to me. To my embarrassment I was actually unaware it was even an optional feature until I looked at this site re: late/over-limit charges, and I certainly never knowingly asked for it or received any explanation of what it was about.

I have pretty much all my statements dating back to Jan 2003 but I’m not sure if it was 2001 or 2002 when the account was opened, and I don’t appear to have a copy of the CCA. In truth I don’t actually remember receiving/signing one (although I surely must have) & I’m sure I would have kept it if I had. Would it have been possible for Halifax to have issued a card without such an agreement being sent out with it and/or me signing something to agree to the terms?

Also, I’m not 100% sure of how I opened the account. I am certain I responded to either a cold call or an offer through the post (it definitely wasn’t in-branch), but around the time I started uni Halifax was bombarding me with offers for cards/loans via the phone/post so I cant remember the exact circumstances of how I took out the card (and thus the insurance policy).

Will this affect my ability to reclaim? And can I proceed with my opening (stage one) letter without this information, or should I send a CCA request or SAR first to obtain the date/method of the account being opened? My concern is that if I do the latter Halifax may try & hold it against me when I make my claim.

Ultimately what I really need to know is:
1) Given the above, should I send a CCA request or SAR before sending my stage one letter?
2) What information (if any) regarding when/how the account was opened would a CCA/SAR provide me?
3) How else can I find out when/how the account was opened? Would my branch or customer services be able to tell me, and would it be wise to ask them in light of me going on to reclaim the PPI?

Sorry for the long-winded post… would really appreciate any advice anyone can offer as the whole thing is beginning to baffle me. Thanks.

marshallka

Hi, if this was taken out in the last 6 years then you could request a SAR from them. A template is here

http://forums.moneysavingexpert.com/showthread.html?t=1475553

You then have to give them 40 days to supply all the information and it will include how you came to take out the card also.

Don't forget to send by recorded delivery if you go this way and ask away if you need help with the reclaiming.

Reading your post again, I think is the only way of finding out "how" you came to take this out.

Good luck

sunnygirls

dazed_and_confused wrote: »

Hi

Apologies in advance for any stupid questions but I haven’t been able to find an answer to my query using the main PPI reclaiming part of the site, other PPI threads on the forum or by using the search tool.

Basically, I believe I am able to reclaim for mis-sold PPI on my Halifax credit card for a number of reasons, including the fact that as I was at uni when I first took out the credit card I was either unemployed or working part-time, and thus would have been of little or no use to me. To my embarrassment I was actually unaware it was even an optional feature until I looked at this site re: late/over-limit charges, and I certainly never knowingly asked for it or received any explanation of what it was about.

I have pretty much all my statements dating back to Jan 2003 but I’m not sure if it was 2001 or 2002 when the account was opened, and I don’t appear to have a copy of the CCA. In truth I don’t actually remember receiving/signing one (although I surely must have) & I’m sure I would have kept it if I had. Would it have been possible for Halifax to have issued a card without such an agreement being sent out with it and/or me signing something to agree to the terms?

Also, I’m not 100% sure of how I opened the account. I am certain I responded to either a cold call or an offer through the post (it definitely wasn’t in-branch), but around the time I started uni Halifax was bombarding me with offers for cards/loans via the phone/post so I cant remember the exact circumstances of how I took out the card (and thus the insurance policy).

Will this affect my ability to reclaim? And can I proceed with my opening (stage one) letter without this information, or should I send a CCA request or SAR first to obtain the date/method of the account being opened? My concern is that if I do the latter Halifax may try & hold it against me when I make my claim.

Ultimately what I really need to know is:
1) Given the above, should I send a CCA request or SAR before sending my stage one letter?
2) What information (if any) regarding when/how the account was opened would a CCA/SAR provide me?
3) How else can I find out when/how the account was opened? Would my branch or customer services be able to tell me, and would it be wise to ask them in light of me going on to reclaim the PPI?

Sorry for the long-winded post… would really appreciate any advice anyone can offer as the whole thing is beginning to baffle me. Thanks.

Hi there i didnt have the date when i claimed back on my cc or any contract i just put my cc number on the top of the letter , i would just write that you have just become aware that ppi is optional and it is unlikely at the time it was added to you card you would have been able to make use of it and you cant ever remember asking or agreeing to it ,be honest . Halifax i think from my experiance are one of the better banks at dealing with ppi . I think their cs are very good too ,you could ring and tell them you believe you have been missold ppi they may log it then but be sure to follow up with a letter Good Luck Sunny

dazed_and_confused_3

Thanks Marshallka & Sunny for the replies/advice. :cool:

It was definitely taken out over 6 years ago (either 01 or 02) as I have statements dating back to Jan 2003, although the policy was only ended within the last 6 years, 2007 (by Halifax) which still makes me eligible to reclaim from what I understand.

Can I take it then Marshallka that sending an SAR would be pointless as Halifax would likely claim not to have held any records from longer than 6 years ago?

Surely though they would have to have kept a record of the CCA no matter how long ago it was? Otherwise what proof would there even be of an agreement to open the account to begin with? If neither myself nor Halifax have a copy of the CCA or any documentation regarding the "application" how would either of us be able to prove when the account was opened & as a result the circumstances surrounding the “purchase” of the PPI?

marshallka

dazed_and_confused wrote: »

Thanks Marshallka & Sunny for the replies/advice. :cool:

It was definitely taken out over 6 years ago (either 01 or 02) as I have statements dating back to Jan 2003, although the policy was only ended within the last 6 years, 2007 (by Halifax) which still makes me eligible to reclaim from what I understand.

Can I take it then Marshallka that sending an SAR would be pointless as Halifax would likely claim not to have held any records from longer than 6 years ago?

Surely though they would have to have kept a record of the CCA no matter how long ago it was? Otherwise what proof would there even be of an agreement to open the account to begin with? If neither myself nor Halifax have a copy of the CCA or any documentation regarding the "application" how would either of us be able to prove when the account was opened & as a result the circumstances surrounding the “purchase” of the PPI?

They should hold records for 6 years from when the account ended so they should have these still.;)

I was unlucky with one account of mine with the bank, I had the agreement BUT not the settlement (I ended it early) so they claimed not to be able to help with that one as they had no record of what we actually settled at. You should be fine though as mine was going back to 1997:eek:.

Good luck

dazed_and_confused_3

Thanks again Marshallka :cool:, yeah they should definitely have the necessary info as the policy only ended in the last 2 years & the account itself is still open.

Sorry for continuing with the silly questions, but after a bit more research I’m pretty sure all I need in order to confirm whether I have a valid claim is confirmation of when the account was opened & a copy of the T&C’s of the PPI at the time it was taken out.

I’m sure a CCA request (& the cheque for £1) would obviously give me the date of the account opening but would it also provide me with the necessary T&C’s of the PPI? Or would I need to send a SAR for that information?

If neither a CCA/SAR is suitable, could anyone tell me what is the best/easiest way to obtain a copy of the original T&C’s of the PPI?

Also, could anyone point me in the direction of a good CCA request template letter?

The closest I have found on the main PPI page of the site seems to be geared more towards either requesting a copy of a loan agreement (rather than for a credit card account) and/or for requesting copies of credit card charges/statements (which I don’t need as I have the majority of them already). And it doesn’t appear to be a CCA request as it ends by saying the bank has 40 days to respond rather than the 12+2 days that a CCA request would require the bank to respond within.

Thanks in advance to anyone who can help.

marshallka

dazed_and_confused wrote: »

Thanks again Marshallka :cool:, yeah they should definitely have the necessary info as the policy only ended in the last 2 years & the account itself is still open.

Sorry for continuing with the silly questions, but after a bit more research I’m pretty sure all I need in order to confirm whether I have a valid claim is confirmation of when the account was opened & a copy of the T&C’s of the PPI at the time it was taken out.

I’m sure a CCA request (& the cheque for £1) would obviously give me the date of the account opening but would it also provide me with the necessary T&C’s of the PPI? Or would I need to send a SAR for that information?

If neither a CCA/SAR is suitable, could anyone tell me what is the best/easiest way to obtain a copy of the original T&C’s of the PPI?

Also, could anyone point me in the direction of a good CCA request template letter?

The closest I have found on the main PPI page of the site seems to be geared more towards either requesting a copy of a loan agreement (rather than for a credit card account) and/or for requesting copies of credit card charges/statements (which I don’t need as I have the majority of them already). And it doesn’t appear to be a CCA request as it ends by saying the bank has 40 days to respond rather than the 12+2 days that a CCA request would require the bank to respond within.

Thanks in advance to anyone who can help.

I am not too sure but would think you can request the Terms and Conditions of the PPI at any time without a SAR. After all its only the terms etc.... something which you would (or SHOULD but some have not received!!) have received when they threw it onto you. You can request just a copy of the agreement (if the account is still up and running that is) for £1 and they have to provide it and takes up to 12 days. If its closed then a SAR would be your best bet BUT they sometimes only go back 6 years and takes up to 40 days.

dazed_and_confused_3

Just to be clear, the terms & conditions I will be asking for are the those that were in effect at the time I opened the account/policy (around 2001/2002), not Halifax’s current PPI T&C’s.

So just to clarify, can I ask for the PPI T&C’s from the time the account was opened via a CCA request, and do Halifax have to provide them? And/or would that info be automatically included in the CCA or would I have to specifically request the PPI T&C’s as well as the CCA?

I have checked Halifax’s current T&C’s & also have a copy from 2007, both of which contain clauses that would have made it impossible for me to claim on the insurance given my circumstances at the time the account was opened - ie I was at Uni & either unemployed or working PT & thus not earning enough to be paying the right class of tax to be eligible for the insurance in the first place. I just need to check that the T&C’s from that time also contain the same (or similar) clauses before starting my claim.

Thanks again for your help so far, genuinely appreciate it. :cool:

marshallka

dazed_and_confused wrote: »

Just to be clear, the terms & conditions I will be asking for are the those that were in effect at the time I opened the account/policy (around 2001/2002), not Halifax’s current PPI T&C’s.

So just to clarify, can I ask for the PPI T&C’s from the time the account was opened via a CCA request, and do Halifax have to provide them? And/or would that info be automatically included in the CCA or would I have to specifically request the PPI T&C’s as well as the CCA?

I have checked Halifax’s current T&C’s & also have a copy from 2007, both of which contain clauses that would have made it impossible for me to claim on the insurance given my circumstances at the time the account was opened - ie I was at Uni & either unemployed or working PT & thus not earning enough to be paying the right class of tax to be eligible for the insurance in the first place. I just need to check that the T&C’s from that time also contain the same (or similar) clauses before starting my claim.

Thanks again for your help so far, genuinely appreciate it. :cool:

If its the terms and conditions of the actual Loan at the time then yes, these should (but I only got a front copy of my agreement when I asked from Firstplus) be on the reverse.

If its the terms and conditions of the PPI then again, you may be able to get these without asking for a full SAR request. Some will send them, others not but worth a try. You would have to write to ask for these as these would not be included in a CCA request

I would almost be 100% sure that if you were at uni and not earning the right amount for tax etc or unemployed at the time of the account opening then this would not have covered you when you had it and that the terms would have been the same as at present for that particular clause.

Shout away if you need anything else or the above was not what you meant.;)

dazed_and_confused_3

Cheers, it's the T&C's of the PPI that I'll be asking for. I will crack on with that CCA request today & include a request for the relevant PPI T&C's with it (unless you think I should send that as a separate letter?) & see how I get on. :cool:

marshallka

dazed_and_confused wrote: »

Cheers, it's the T&C's of the PPI that I'll be asking for. I will crack on with that CCA request today & include a request for the relevant PPI T&C's with it (unless you think I should send that as a separate letter?) & see how I get on. :cool:

Maybe be OK to ask for the two together. They have two choices as to whether they send them though and then its better to request the SAR from them. Good luck;).