PPI Reclaiming successes and failures

di3004

gil8967 wrote: »

Thanks di, so what do I do now as I do not have the agreement. They are saying that it has not been kept as too much time has passed since it was settled, but that would only be 4 years ago? Gill

Hi Gill
You write to them to request for a true copy of your agreement (CCA), enclose a £1 postal order or cheque payment, tell them you look forward to receiving this by 12 days and post by recorded delivery.

If you no account number, as they will require some of your info in order to track this down, then just give them as many details as possible, such as any different addresses from when you taken this out, surnames and also write your date of birth.

If you any old statements you should find your account number on them, if you paid out of your bank account on a monthly basis, as the account number is normally shown next to the repayments, and if you bank online, this should allow you to go back 6 years to check them as well.

Hope this helps.;)

If you request this from their data dept if you have the address details for them, and of course you are requesting for this in writing, they should comply, if not after writing to them, let us know and we shall take it from there, they may be trying to pull a fast one, especially if you asked verbally.

di3004

mhairib wrote: »

2nd success for me this week!!
Provider - A&L
PPI on a loan back in 2004
Repaid - Monthly premuims - £306, Rebate adjustment - £853.61, Total refund - £1160.40, AND they have added interest - £513.14 on the total refund up until 30 Sept 2009 - so GRAND TOTAL of £1673.54.

So far claimed back from MBNA, Egg and A&L for the PPI. All done under 1 letter to each of the providers.

Mhairib :T:T:T:T

Brilliant :j:j
Well done and Congratulations.:T:T
:beer:

gil8967

di3004 wrote: »

Hi Gill
You write to them to request for a true copy of your agreement (CCA), enclose a £1 postal order or cheque payment, tell them you look forward to receiving this by 12 days and post by recorded delivery.

If you no account number, as they will require some of your info in order to track this down, then just give them as many details as possible, such as any different addresses from when you taken this out, surnames and also write your date of birth.

If you any old statements you should find your account number on them, if you paid out of your bank account on a monthly basis, as the account number is normally shown next to the repayments, and if you bank online, this should allow you to go back 6 years to check them as well.

Hope this helps.;)

If you request this from their data dept if you have the address details for them, and of course you are requesting for this in writing, they should comply, if not after writing to them, let us know and we shall take it from there, they may be trying to pull a fast one, especially if you asked verbally.

Thanks Di,

I do have it in writing from them that they don't have the details, after specifically telling them the start date & settlement date of the loan. They did send out info on another 2 loans (just put reclaim letters in). The one loan account, agreement, I was after though was settled with a new loan which I'm currently still paying. What do you think I am best to do now? Thanks, Gill

di3004

gil8967 wrote: »

Thanks Di,

I do have it in writing from them that they don't have the details, after specifically telling them the start date & settlement date of the loan. They did send out info on another 2 loans (just put reclaim letters in). The one loan account, agreement, I was after though was settled with a new loan which I'm currently still paying. What do you think I am best to do now? Thanks, Gill

Not a problem Gill.;)

I think they should still have the details myself, basically down to the fact that you taken out a new loan to take another, they should I believe hold the details.
You could contact the Information commissioners office (ICO) for their advice on this if you want to, tell them why you require this, they should be able to guide you in the right direction in regards of your data, here:
https://www.ico.gov.uk/Global/contact_us.aspx

And just as long as you still have the account numbers, I can't see no harm in trying to have a go at reclaiming on it, give it a shot and see what they come back with lol, if they come back with info on it then in my opinion this proves they still hold data on that account, and they may even surprise you with a copy of the agreement as well lol, I bet this have been known to happen.

Another way to try to retrive the account numbers maybe Equifax, or Experian, may hold these details, just a thought but normally for £2 they will send you a report, where all the details of your credit should be applied on them, as they defo hold the info for 6 years.
Google them in and you should find them online, good luck.;)

gil8967

Thank you Di, I will give them a phone tomorrow and see where I stand. Your help is very much appreciated!!;):T Gill

marshallka

di3004 wrote: »

Hi Gill
You write to them to request for a true copy of your agreement (CCA), enclose a £1 postal order or cheque payment, tell them you look forward to receiving this by 12 days and post by recorded delivery.

If you no account number, as they will require some of your info in order to track this down, then just give them as many details as possible, such as any different addresses from when you taken this out, surnames and also write your date of birth.

If you any old statements you should find your account number on them, if you paid out of your bank account on a monthly basis, as the account number is normally shown next to the repayments, and if you bank online, this should allow you to go back 6 years to check them as well.

Hope this helps.;)

If you request this from their data dept if you have the address details for them, and of course you are requesting for this in writing, they should comply, if not after writing to them, let us know and we shall take it from there, they may be trying to pull a fast one, especially if you asked verbally.

Di, can you request a true copy of an agreement under the CCA when an account is actually settled. Under section 77/78 of the act it states (paying particular attention to subsection 3). Sometimes people request thinking its their right on a settled loan and waste time writing back stating its wrong for them not to send and they are surprised to find out the firm was actually within their rights not to send.

—(1) The creditor under a regulated agreement for running-account credit, within
the prescribed period after receiving a request in writing to that effect from the debtor
and payment of a fee of 15 new pence, shall give the debtor a copy of the executed
agreement (if any) and of any other document referred to in it, together with a
statement signed by or on behalf of the creditor showing, according to the information
to which it is practicable for him to refer,—
(a) the state of the account, and
(b) the amount, if any, currently payable under the agreement by the debtor to the
creditor, and
(c) the amounts and due dates of any payments which, if the debtor does not draw
further on the account, will later become payable under the agreement by the
debtor to the creditor.
(2)
If the creditor possesses insufficient information to enable him to ascertain the
amounts and dates mentioned in subsection (l)©, he shall be taken to comply with that
paragraph if his statement under subsection (1) gives the basis on which, under the
regulated agreement, they would fall to be ascertained.
(3)
Subsection (1) does not apply to—
(a) an agreement under which no sum is, or will or may become, payable by
the debtor, or
(b) a request made less than one month after a previous request under that
subsection relating ~o the same agreement was complied with


From this above (and its cited from the actual CCA) you cannot request under section 77/78 if no debt is owing (ie account settled) and have no complaint if they do not comply. I have actually asked the ico about this (although its not to do with them really - its a criminal offence and something you can take to court if they cannot come up with an agreement that is not settled) and the only way to get a copy of the settled agreement is within a SAR request. You then have the trouble of if the agreement ended over 6 years previous then again they are not obliged to send information.

You can of course check this out with the ICO but with the agreement thing on settled loans you can "try" to request them but they are within their rights not to send them if there is no debt owing I think.

This is only my opinion though so not gospel cause I am not a consumer credit expert although have read it so many times on various threads here.

marshallka

gil8967 wrote: »

Hi,
How long should the bank hold records of settled a loan account for? I took out a loan in 2003 which I settled in November 2005 but the bank claims to have no record of this loan? Anyone? Gill

I got mine going back further than 6 years with my bank;).

di3004

marshallka wrote: »

Di, can you request a true copy of an agreement under the CCA when an account is actually settled. Under section 77/78 of the act it states (paying particular attention to subsection 3). Sometimes people request thinking its their right on a settled loan and waste time writing back stating its wrong for them not to send and they are surprised to find out the firm was actually within their rights not to send.

—(1) The creditor under a regulated agreement for running-account credit, within
the prescribed period after receiving a request in writing to that effect from the debtor
and payment of a fee of 15 new pence, shall give the debtor a copy of the executed
agreement (if any) and of any other document referred to in it, together with a
statement signed by or on behalf of the creditor showing, according to the information
to which it is practicable for him to refer,—
(a) the state of the account, and
(b) the amount, if any, currently payable under the agreement by the debtor to the
creditor, and
(c) the amounts and due dates of any payments which, if the debtor does not draw
further on the account, will later become payable under the agreement by the
debtor to the creditor.
(2)
If the creditor possesses insufficient information to enable him to ascertain the
amounts and dates mentioned in subsection (l)©, he shall be taken to comply with that
paragraph if his statement under subsection (1) gives the basis on which, under the
regulated agreement, they would fall to be ascertained.
(3)
Subsection (1) does not apply to—
(a) an agreement under which no sum is, or will or may become, payable by
the debtor, or
(b) a request made less than one month after a previous request under that
subsection relating ~o the same agreement was complied with


From this above (and its cited from the actual CCA) you cannot request under section 77/78 if no debt is owing (ie account settled) and have no complaint if they do not comply. I have actually asked the ico about this (although its not to do with them really - its a criminal offence and something you can take to court if they cannot come up with an agreement that is not settled) and the only way to get a copy of the settled agreement is within a SAR request. You then have the trouble of if the agreement ended over 6 years previous then again they are not obliged to send information.

You can of course check this out with the ICO but with the agreement thing on settled loans you can "try" to request them but they are within their rights not to send them if there is no debt owing I think.

This is only my opinion though so not gospel cause I am not a consumer credit expert although have read it so many times on various threads here.

I'm sure you posted on this the other day didn't you?:o silly me, but yeah I see what you mean though.;)

pm2326

Well after 16 long drawn out months, I finally have the Ombudsman's final decision and they found in my favour against Nemo!!

I dont have the figures yet as only got the letter from FOS today but I think it will be in the region of £5500.

Whoo hoo! :T:T:T:rotfl::rotfl::rotfl:

marshallka

pm2326 wrote: »

Well after 16 long drawn out months, I finally have the Ombudsman's final decision and they found in my favour against Nemo!!

I dont have the figures yet as only got the letter from FOS today but I think it will be in the region of £5500.

Whoo hoo! :T:T:T:rotfl::rotfl::rotfl:

Well done.:T