PPI Reclaiming discussion Part II

chrisrawl

sarahc5388 wrote: »

Forget about the loan and debt collection for the moment - the initial issue is whether you feel you were mis-sold the PPI, LTSB sold you it, not the collection agency, so you would claim against them, check the mis-selling list and if you feel you were mis-sold you should write to the company using Martins template, stating the reasons why you feel you were mis-sold, they will no doubt send you a reply stating that you signed for the PPI so they don't have to give you anything back, then send off the 2nd letter, they need to state that it is their final response before you can take this to the FOS. You should also request a SAR and enclose a cheque or postal order for £10. It may also be worth giving the FOS a ring and explaining eveything to them, it may be that you could get a freeze on the repayments to the debt collection agency whilst your complaint to the bank is fully investigated. I am not an expert on all this - just starting myself, but don't panic, there's loads of helpful people on here going through the same thing who will help and advise you along the way.

Many thanks for the sound advice. The first letter will be sent to lloyds this week.


I will investigate on this site to find out what a SAR is... still doing all my reading and research to be up with all the jargon!


Thanks agins,
Chris

marshallka

hey sarah, you are taking over from m colak here. Keep it up:beer:

Dicky2K

How long does it normally take for a reply to the first letter, Send mine on the 5th recorded delivery, and according to the tracker it was signed for on the 6th.. Just wondering if anybody had got a reply from theirs within the first couple of weeks.
Thanks in advance, regards, Richard.

nothingwitty

Hi folks

A letter received from HBOS followng my default judgement award by the court:-

Dear *****

"I have received a copy of the judgement you obtained again BOS on 22nd May.

You may be aware that on the same date I attempted to file a defence on behalf of the bank.

The bank believes it has a good prespect of defending your claim and therefore it intends to apply to have your judgement set asise. Once the application is made any attempt by you to enforce judgement will be suspended.

You should hear from the court within two weeks

Yours sincerely,

***** "

I spoke with MCOL who said thier defence was submitted late and had been returned to them. MCOL said they could still apply for the judgement to be set aside. No problem. I decided to write to them...

" Dear Mr. *****

Re: Claim ******* ******* ******* –v- Bank of Scotland plc

Thank you for your letter dated 3rd June 2008, the contents of which I have noted.

I find it disappointing that HBOS plc has drawn this matter out for so long, especially since my first letter was sent almost 9 months ago. As I stated in the particulars of my claim (*******), I furnished **** ****** of Bank of Scotland customer relations with full particulars of my claim on 26th January 2008. In the letter accompanying said full particulars I expressed my desire to resolve my complaint without the need for legal action. I received no reply to my letter, although I have confirmed its receipt with Bank of Scotland’s customer relations team. I submitted my claim on the 18th April 2008 and drew attention to the fact the full particulars had already been supplied to Bank of Scotland.

Your letter of 3rd June 2008 states that you attempted to file a defence on behalf of the bank on 22nd May, the day on which I entered for default judgement. I have spoken with Northampton County Court who advised that your defence was not in fact received until 29th May 2008. Given that I had already provided Bank of Scotland with full particulars of the claim in question in January 2008, I find it surprising that the bank was late in filing a defence. I also wish to draw your attention to the fact that I phoned Bank of Scotland’s customer services team on a number of occasions following the default judgement, as I sought to avoid issuing a warrant for enforcement of the judgement in order to try to save your bank money. I did this as a gesture of goodwill. It is only after my phone calls that a defence was entered. I will leave it to you to guess how I view this action on the Bank’s part.

I look forward to your application to set the judgement aside, primarily because I am not aware of any valid reason as to why there was an apparent delay in the submission of a defence on your part. As mentioned previously, my complaint has been drawn out over many months and I can only surmise that this is a further stalling tactic on the Bank’s part. Of course, I am happy to be corrected on this point.

I also note that you believe that the bank has a good prospect of defending the claim. Given that the insurance was added to three of my policies without my knowledge and given that there is no way that I would have signed up to PPI of over £500 in one instance, I will be interested to hear your defence.

As always, I remain open to discussion on the above and can be contacted on ***** *** *** should you wish to speak with me.

Yours faithfully

********


What do you think? A pre-emptive strike to their defence or a waste of time?

As always, thanks

MWH1

jadest wrote: »

Hi Sparky i wonder if Halifax are trying thesee tactics on people when they try to make a claim. I wrote to them with first letter 3 weeks ago but have heard nothing. My loan payment was due out of my back account on or around the 4th of each month and dispite the money being in my account they did not take it out. So yesterday I called them and they said I cancelled the direct debit which I have never done and also informed me that they have put it in as late patment to credit agency. so I piad there and then with card and have asked them for proff that I cancelled direct debit as according to my internet backing info it is still active I have ask they remove the late payment from credit reference and I have printed out the proof that the direct debit is still active on my internet banking with the date. It maybe just an error as they said it was, but I think it is a big coinsedance. What does anyone else think

Attn: Sparky and Jadest - I have a case coming up in the County Court against HBOS for a breach of the Data Protection Act. Make sure you hound them for proof that your credit history has been repaired. Also, do not take their word for it, as they stated in writing that they had resolved this, however Experian (Credit Reference Agency) confirmed otherwise. I had to take this matter to the Information Commissioners Office to obtain a ruling in my favour. Go get em!

Catmad

Hi, I was wondering if anyone else has had this experience.
After getting no luck claiming back my ppi with Lloyds TSB, I wrote to the FOS who have finally sent me a letter saying that they uphold my complaint against Lloyds TSB and have ruled in my favour. Hooray, however, Lloyds TSB do not like this decision (natrually) and have asked my adjudicator to re-consider her decision. The whole thing now has to go to another Ombudsman to look at afresh and my adjudicator say's that this new Ombudsman may not agree with her decision. Surely this can't be right? If so, do you think the new Ombudsman will go against the adjudicators initial decision? Any thoughts. Thanks.

sarahc5388

chrisrawl wrote: »

Many thanks for the sound advice. The first letter will be sent to lloyds this week.


I will investigate on this site to find out what a SAR is... still doing all my reading and research to be up with all the jargon!


Thanks agins,
Chris

SAR - SUBJECT ACCESS REQUEST

Dear

Re: Account number:

In the first part under the Data Protection Act 1998:

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with a complete list of transactions and charges relating to the above accounts held with you since they were opened.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.


For the avoidance of any and all doubt, I reiterate:

I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included).

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.





I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by XXXXX about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request.

This communication has been sent Recorded Delivery so I can ensure compliance on these issues within the legislative timeframes.

Yours Sincerely






Enc:
Postal Order for £10. Specifically for DPA/SAR request – not to be credited to any account.

I don't take credit for this - it was Lainis -

tiggrae

sarahc5388 wrote: »

Write again and enclose a copy of the agreement that you have, explaining your findings and ask them directly why you have been charged for PPI when it wasn't asked for - have you had a SAR, if not you need to request one, enclose a cheque or postal order for £10, there is a SAR request letter on here I think on page 21, make sure you send everything by recorded delivery.

You'll only get anywhere by starting proceedings, GE's company policy is to deny ALL claims if prior to 15.01.05 - you can write again but it will be a complete waste of your time and a stamp - remember you're not dealing with reasonable responsible people, you're dealing with a corporate body intent on making as much money as possible for their shareholders

sarahc5388

marshallka wrote: »

hey sarah, you are taking over from m colak here. Keep it up:beer:

Thanks! learnt so much from you guys on here - good to be able to give something back!

tiggrae

Dicky2K wrote: »

How long does it normally take for a reply to the first letter, Send mine on the 5th recorded delivery, and according to the tracker it was signed for on the 6th.. Just wondering if anybody had got a reply from theirs within the first couple of weeks.
Thanks in advance, regards, Richard.

by law they have 8 weeks