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PPI Help
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Had a few replys from the letter iv'e sent,SPPL are investigating my complaint and Capital 1 want me to confirm my ID and address with a copy of a bill etc,my query is that Egg have sent back my cheque with a letter that says basically that as my account is closed they are under no obligation comply with my request for a copy of the original agreement.
It says
Thank you for your recent request for an exuted copy of the credit agreement for account
with egg banking plc under section 78 (1) of the consumer credit act 1974.
As the account you refer to is now closed i have to inform you that Egg are under no obligation to comply with a request for a copy of the executed agreement under the consumer credit act as we no longer have a contractual relationship relating to this account,nor are we seeking to enforce any agreement on the acount.
The right to be provided with this information from egg banking plc ended with the closure of the account.
section 78 (3) (a) of the consumer credit act states that section 78 (1) does not apply where no sum is or will or may become,payable by the debtor' the right to request an executed copy of the agreement is found in part V1 of the act,which is entitled 'matters arising during currency of credit or hire agreement' so where an agreement is no longer current the right to request or be provided with a copy of the executed agreement therefore ceases.
Looking at the account i only had it for 6 months before i paid it off (2006)but i can't remember why i closed it so i would like to get all the info on it to see if i did have PPI .
Do i now send a SARs or will they use the same excuse.
thankagain for all your help,:T0 -
This is rubbish!!! people have claimed from paid up loans. Do you have the loan account number? if so just put a complaint in for mis sell for ppi. Then they will have to look for this info from the closed "account" and as this was only 2006 then trust me it is there.Had a few replys from the letter iv'e sent,SPPL are investigating my complaint and Capital 1 want me to confirm my ID and address with a copy of a bill etc,my query is that Egg have sent back my cheque with a letter that says basically that as my account is closed they are under no obligation comply with my request for a copy of the original agreement.
It says
Thank you for your recent request for an exuted copy of the credit agreement for account
with egg banking plc under section 78 (1) of the consumer credit act 1974.
As the account you refer to is now closed i have to inform you that Egg are under no obligation to comply with a request for a copy of the executed agreement under the consumer credit act as we no longer have a contractual relationship relating to this account,nor are we seeking to enforce any agreement on the acount.
The right to be provided with this information from egg banking plc ended with the closure of the account.
section 78 (3) (a) of the consumer credit act states that section 78 (1) does not apply where no sum is or will or may become,payable by the debtor' the right to request an executed copy of the agreement is found in part V1 of the act,which is entitled 'matters arising during currency of credit or hire agreement' so where an agreement is no longer current the right to request or be provided with a copy of the executed agreement therefore ceases.
Looking at the account i only had it for 6 months before i paid it off (2006)but i can't remember why i closed it so i would like to get all the info on it to see if i did have PPI .
Do i now send a SARs or will they use the same excuse.
thankagain for all your help,:T0 -
Hi Amersall
I do have the account number (now) as they quoted it in their letter.
Would i not be beffer of sending a SAR and getting copys that way so i can make sure i did have PPI before putting in a claim. ???0 -
Hi there, you can if you want. If you put a claim in for mis sell (as you believe you were)then the 8 weeks for them to reply will start from the day they get your letter of complaint and they may respond before the 8 weeks are up. If you dont have ppi on this then they will tell you, then you will know they have the agreement:D they must have as they have given you the account number.. how do they know what this if they dont have the agreement?.They must have this as the loan is under 6 years and they have to keep info for this period.Do a sar if you want it is up to you.They are fobbing you off!!!!!Hi Amersall
I do have the account number (now) as they quoted it in their letter.
Would i not be beffer of sending a SAR and getting copys that way so i can make sure i did have PPI before putting in a claim. ???0 -
Hi,
Wonder if anyone can help. I wrote to Capital Bank requesting an SAR on my credit card. They cashed the £10 cheque but never sent the SAR. I waited the 40 days and sent another letter saying that if I did not hear from them in 7 days I would complain to the Information Commissioner, which I did as I did not hear from them. This was back in August and all I have heard from the Information Commissioner is an acknowledgemnet of my complaint. Question is 'How long should I wait'?
Any advice greatle appreciated.0 -
Hi, wait for what? I don't really know what the ICO does accept to tick the business off and get them to change the way they deal with things?munchybunch wrote: »Hi,
Wonder if anyone can help. I wrote to Capital Bank requesting an SAR on my credit card. They cashed the £10 cheque but never sent the SAR. I waited the 40 days and sent another letter saying that if I did not hear from them in 7 days I would complain to the Information Commissioner, which I did as I did not hear from them. This was back in August and all I have heard from the Information Commissioner is an acknowledgemnet of my complaint. Question is 'How long should I wait'?
Any advice greatle appreciated.0 -
Hi there, get back in touch with capital bank and ask them why you have not got your sar and you want your sar or your money back.munchybunch wrote: »Hi,
Wonder if anyone can help. I wrote to Capital Bank requesting an SAR on my credit card. They cashed the £10 cheque but never sent the SAR. I waited the 40 days and sent another letter saying that if I did not hear from them in 7 days I would complain to the Information Commissioner, which I did as I did not hear from them. This was back in August and all I have heard from the Information Commissioner is an acknowledgemnet of my complaint. Question is 'How long should I wait'?
Any advice greatle appreciated.
Is this for mis sold ppi? if it is you should have details of ppi on your statement if it is taken monthly.
This is where if you go mis sell that they may say you knew each month you had ppi and should have picked up on this sooner. Sorry if this doesnt help much.
If you have the account number you can put a claim in for mis sell, you dont need a sar to do this, and take it from there. Look here for reasons for mis sell.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance#checklist
If you go mis sell please let us know how you get on. Send the letter recorded.0 -
Hi there, get back in touch with capital bank and ask them why you have not got your sar and you want your sar or your money back.
Is this for mis sold ppi? if it is you should have details of ppi on your statement if it is taken monthly.
This is where if you go mis sell that they may say you knew each month you had ppi and should have picked up on this sooner. Sorry if this doesnt help much.
If you have the account number you can put a claim in for mis sell, you dont need a sar to do this, and take it from there. Look here for reasons for mis sell.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance#checklist
If you go mis sell please let us know how you get on. Send the letter recorded. (you could phone fos and see what they say about capital bank not giving sar but taking money)0
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