PPI Reclaiming Discussion Part 5

brookej

I wonder if anyone can help me!

I have requested a copy of my credit agreement from Egg in accordance with the Data Protection Act 1998 using the online template. I also attached a cheque for £10.00 as the account is no longer active as the account was paid of in 2007.

Egg have cashed the cheque and sent me a letter explaing that the have no obligation to provide such documents as the account is closed in accordance to the Consumer act 1974.

If this is the case then how can anyone who has closed an account and no longer has the credit agreement documentation claim?

Seems to be a bit unfair>

Let me know your thought all!

Thanks

cappo

brookej wrote: »

I wonder if anyone can help me!

I have requested a copy of my credit agreement from Egg in accordance with the Data Protection Act 1998 using the online template. I also attached a cheque for £10.00 as the account is no longer active as the account was paid of in 2007.

Egg have cashed the cheque and sent me a letter explaing that the have no obligation to provide such documents as the account is closed in accordance to the Consumer act 1974.

If this is the case then how can anyone who has closed an account and no longer has the credit agreement documentation claim?

Seems to be a bit unfair>

Let me know your thought all!

Thanks

Hi they are correct they don't have to honour a cca when an account is closed saying that you should have only sent them £1.00 not £10.00, they are obliged closed account or not under the data protection act to furnish you with a sar (subject access request 1998) this is a legal requirement and becomes a problem for the ico if the lender breaches the act, namely doesn't reply this is a tenner and will show up everything they have on you.



https://forums.moneysavingexpert.com/discussion/1475553

brookej

Hi there - Thanks for your prompt reply!

I may have confused the matter - I requested a SAR and enclosed £10.00 but they have still refused to supply the documentation as they say that under the Consumer act they do not have to do so!

Can I still claim if I do not have the Credit Agreement?

Thanks

Chrislop

Hi all,

First time poster here. I received a final letter from Lloyds last year stating that my complaint was not to be acted on. I have since taken it up with the Ombudsman and it has been sat in a queue with them for 5 months. My understanding is that it could take 12 months before my case is looked at.

From your experience, is it worth me going back to the bank and challenging? I was around 19 at the time of the loan and didn't know what PPI was and did not have it explained. In addition, I was not in full-time employment but instead was being paid as a temp worker for an agency. Surely this would make PPI redundant in my case?

I'm looking to get back the money I believe I'm owed asap due to going through a hard time with a recent bereavement and the hassle of having to deal with it. The money would represent a small pick-me-up!

trolop

nee666 wrote: »

You will need to provide some sort of proof for them, ie statement showing the loan transaction or a copy of the loan agreement, or you could do a sar, however they are very slow, I've been waiting 40 days so far, they haven't even produced my sar info yet.......

At the risk of sounding stupid....what is an SAR?Thanks

jay-1

It is a subject access request and costs £10. See the "sticky" near the top of the page. There is a template letter there and they have to disclose all the information on any loans CC that you have held with them.

brookej

cappo wrote: »

Hi they are correct they don't have to honour a cca when an account is closed saying that you should have only sent them £1.00 not £10.00, they are obliged closed account or not under the data protection act to furnish you with a sar (subject access request 1998) this is a legal requirement and becomes a problem for the ico if the lender breaches the act, namely doesn't reply this is a tenner and will show up everything they have on you.


Hi there - Thanks for your prompt reply!

I may have confused the matter - I requested a SAR and enclosed £10.00 but they have still refused to supply the documentation as they say that under the Consumer act they do not have to do so!

Can I still claim if I do not have the Credit Agreement?

Thanks

cappo

brookej wrote: »

Hi there - Thanks for your prompt reply!

I may have confused the matter - I requested a SAR and enclosed £10.00 but they have still refused to supply the documentation as they say that under the Consumer act they do not have to do so!

Can I still claim if I do not have the Credit Agreement?

Thanks

Hi brooke i'd remind them of there obligations, they are obliged to give you the information they have, closed account or open it doesn't matter, if they will not comply threaten them with the ico see link below.


http://www.ico.gov.uk/Default.aspx

cappo

brookej wrote: »

cappo wrote: »

Hi they are correct they don't have to honour a cca when an account is closed saying that you should have only sent them £1.00 not £10.00, they are obliged closed account or not under the data protection act to furnish you with a sar (subject access request 1998) this is a legal requirement and becomes a problem for the ico if the lender breaches the act, namely doesn't reply this is a tenner and will show up everything they have on you.


Hi there - Thanks for your prompt reply!

I may have confused the matter - I requested a SAR and enclosed £10.00 but they have still refused to supply the documentation as they say that under the Consumer act they do not have to do so!

Can I still claim if I do not have the Credit Agreement?

Thanks

Yes you can still claim without the credit agreement, i have with my 13 loans and 6 credit cards and I've not been asked for it once.

Mia_1313

Hey Guys,
I'm wondering if u think I could have a claim for this. A number of years ago I booked an appointment with a Halifax loan advisor to cancel my PPI, when I arrived I was faced with a panel of 4 people who proceeded to grill me as to why I wanted to cancel. They also asked whether my parents were wealthy as did I realise that if I died my debt would pass to my parents to pay off.

Needless to say I didn't cancel my PPI!
Is this worth persuing or is PPI claiming just for taking out at the beginning of a loan?

I posted this in June and made a claim, I had a reply yesterday the have offered £1,094.00. The have said I wasn't mis-sold PPI but the letter and report didn't mention the appointment that I'd had in the bank and the comments that the branch manager made to me. Do think I should appeal this as they don't seem to have investigated my actual complaint or should I accept the money?
Also the cheque arrived today so they haven't even given me chance to appeal!
Thanks for your advice in advance.