PPI Reclaiming successes and failures

husaberg

Moneyineptitude wrote: »

As I said, expect a long drawn out process with a very uncertain conclusion. The Bank would not be still offering a "goodwill" payment if they still actually had your account history.

But the card ended the end of january 13.... surely they must have six years statements by law?????

If so why not give me the statements, and i'm surprised the FOS hasn't requested them?????:(

[Deleted User]

husaberg wrote: »

surely they must have six years statements by law?????

There is no "law" that requires them to keep information for six years. The FSA merely recommends that information no longer required is destroyed after six years.

husaberg wrote: »

If so why not give me the statements, and i'm surprised the FOS hasn't requested them?????:(

Why would FOS request statements? They have already upheld your complaint.

boylesarah

Hi,

Just a wee post to say we have had our first successful claim. Cardif Pinnacle have agreed to pay out on an old First National loan! so pleased i have spent many hours researching this before going for the plunge!
Claim took about 4 weeks from start to finish. :j

husaberg

Moneyineptitude wrote: »

There is no "law" that requires them to keep information for six years. The FSA merely recommends that information no longer required is destroyed after six years.

Why would FOS request statements? They have already upheld your complaint.

To get the actual amount of ppi that has been taken from me??

And i really thought they had to keep records for 6 years

treesinwind

husaberg wrote: »

To get the actual amount of ppi that has been taken from me??

And i really thought they had to keep records for 6 years

I registered specially to say this, as I used to work in information management. Are you saying the bank have destroyed records of an account closed less than a year ago which was subject to a regulator complaint? There is no way this meets the legal requirements, which don't have a specific date but do require adequate retention. A complaint to the ICO would almost certainly be upheld.

What dates does your complaint refer to?

husaberg

treesinwind wrote: »

I registered specially to say this, as I used to work in information management. Are you saying the bank have destroyed records of an account closed less than a year ago which was subject to a regulator complaint? There is no way this meets the legal requirements, which don't have a specific date but do require adequate retention. A complaint to the ICO would almost certainly be upheld.

What dates does your complaint refer to?

I'd been charged ppi on my credit card for 10 years without my knowledge, the fos found in my favour, lloyds denied liability and said they'd make a good will gesture, the ombudsman said that they should pay me £.79 for every £100 outstanding i then waited for my redress, which was £490.80
This was based on their average payout, which knowing my credit card balance over the last 10 years was undervalued....a cop out

I've since requested my statements from virgin credit card services, and my balance transfer from my lloyds card to the virgin card was £5k 2 months earlier i'd bought a hot tub on the lloyds card £7,300
i've requested all my bank statements going back 10 to find out how much i've paid to the credit card, and i've tried to request a sar for the remaining years of my credit card statements, so as to get a fairer more accurate redress,i believe my average balance was around £4k per month, but lloyds are giving me the run around.......well thats how it feels
the account was closed by lloyds without my knowledge at the end of january 09 probably because the card was inactive

[Deleted User]

husaberg wrote: »

I'd been charged ppi on my credit card for 10 years without my knowledge

So you never checked your credit card statement for ten years? That's 120 statements which you never looked at?

husaberg wrote: »

I've since requested my statements from virgin credit card services, and my balance transfer from my lloyds card to the virgin card was £5k 2 months earlier i'd bought a hot tub on the lloyds card £7,300

You do realise that you'd only have paid PPI on these amounts if you failed to pay them off at the end of the month.

husaberg wrote: »

i've requested all my bank statements going back 10 to find out how much i've paid to the credit card, and i've tried to request a sar for the remaining years of my credit card statements,

You'll only receive whatever information the Bank still holds. You say your account was closed in 2009 and Banks typically keep records going back only six years.

husaberg wrote: »

the account was closed by lloyds without my knowledge

Do you ever read any letters from the Bank? Did you not query why you no longer receive statements?

I think, as I've said before, you are fighting an uphill battle with this. Unless you can provide evidence of PPI payments from your own archive you're going to have to accept that the Bank are only going to pay based on the remaining records.

[Deleted User]

treesinwind wrote: »

Are you saying the bank have destroyed records of an account closed less than a year ago which was subject to a regulator complaint? There is no way this meets the legal requirements, which don't have a specific date but do require adequate retention.

The credit card account was closed in 2009, so there is no breach of data protection at issue here. Check the OP's posting history for the full details, but FOS has already upheld the complaint and the Bank are refusing to budge on paying out any more than they still have records of.

The ICO is a pretty toothless regulator anyhow...

treesinwind

I have looked at Husaberg' s posting history and based my comments on yesterday's post saying the card ended January 2013. If it ended 2009 then it is a grey area, though it wouldn't be best practice to have destroyed those records and I'd be surprised if there were none available. Have you actually gone into a branch and asked what they have?

[Deleted User]

treesinwind wrote: »

I have looked at Husaberg' s posting history and based my comments on yesterday's post saying the card ended January 2013.

He does seem a tad confused, I agree. In an earlier post he says he "remembers" a sale for £16,000 but he subsequently amended this to £7,000.
I think his reference to the card "ending" in 2013 was the expiry date on the card which obviously didn't apply since the account was closed in 2009 due to inactivity.
Husaberg wants the Bank to pay out based ONLY on his recollection of how often he used the card and paid PPI, understandably Lloyds are reluctant to do this.

treesinwind wrote: »

Have you actually gone into a branch and asked what they have?

He doesn't need to, the Bank have already written to him stating that they have no records.

LloydsTSB_offer_to_Husaberg wrote: »

we no longer have any detailed records relating to your credit card account.
the absence of detailed records means that even if we were to assume the transactions and payments on the card based , for example on your recollections, there is no guarantee our calculations would be accurate as we have no way of knowing when the card balances was cleared or if any claims have been paid under the policy
in a genuine attempt to resolve your complaint our offer of £490.80 is equal to our average compensatory payment taking into account the period during which you held the credit card and were paying for your ppi cover. we believe that an average payment method in cases such as yours is fair and reasonable https://forums.moneysavingexpert.com/discussion/comment/61314775#Comment_61314775

Don't forget, the Bank will only have closed the credit card account after a long period of inactivity, so 2009 won't be the date of the last transaction-it will have been far earlier.

As I've said all along, Husaberg is going to be fighting a very uphill battle with this. I think if he expects the Bank to provide ten years of detailed statements for a such an old card he is going to be very disappointed.