PPI Reclaiming discussion Part II

sarahc5388

marluc wrote: »

Hi,
Don't know whether you have been reading my posts, but FF solicitors had until 9th June to submit documentation to the court and to me.
In the meantime however, the solicitor has phoned and emailed me to see if I will reach an out of court settlement.
Today, as we speak ie 12th June, FF solicitors have still not submitted any documentation. But they have come up with my request of £4575 which is what I asked for yesterday via email. Their original offer was £1000. They will do everything so as not to go to court, they know they will lose.
Hope this has been of some help Sally. You will win as they know they will lose. Stick at it.
Take care.

well done - give yourself a huge pat on the back and a large drink!:beer:

nothingwitty

Would appreciate any comments on the letter I posted on page 101 - really could do with feedback as not usre if I did the right thing. All comments, good or bad, gratefully received!

jadest

sparky0107 wrote: »

Hi jadest,
When they rang me on the second occasion to say I owed them money, the man I spoke to askedfor the money I said I dont owe you any, if you look at your records you will see I reclaimed the PPI for mis-selling, that's where the figure of £399 comes from. The cheeky sod then said to me "what gives you the right to reclaim PPI?" I said Consumer Credit Law, but I never asked for his name or I would be writing a letter of complaint about him. I'm still waiting for them to remove the 2 late payment notices from my credit report. I told the last person I spoke to that I was entering a credit agreement at the weekend, and if they had affected my ability to get credit I would sue them for defamation of character.

I don't blame you, they are pushing it I am sure this kind of behavour from Halifax can't be in line with FOS. I will give them a week to remove my late payment from credit agency (Experian) and then I am going to contact FOS I have printed out page saying the Direct Debit is still active from Internet banking and proof that loan payment was in my account wiating for them to withdraw the money for loan. they are definely doing this because I dare to try to claim and they still have not replied to my claim at all. I am so disappionted in the Halifax. I did not think they would stoop so low.

sparky0107

MWH1 wrote: »

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!

Thanks MWH1,
I have had 5 telephone conversations with Halifax (Bag of Sh*te) BOS, I checked my experian report staright after receiving the second phone call, that's when the late payment notices went on. I've also told them that I will be moving my ISA, Current Account, Savings Account & Credit card to another provider. I've also started a complaint procedure against the person who asked me what gives me the right to reclaim PPI. They have until 10:00 am Friday morning to clear my credit file of the late payment notices, or I will be going to the Information Commissioner at 10:01 am Friday morning.

Watch this space

tiggrae

nothingwitty wrote: »

Would appreciate any comments on the letter I posted on page 101 - really could do with feedback as not usre if I did the right thing. All comments, good or bad, gratefully received!

Hi - it's fine - won't stop them applying for the judgement to be set aside but it does have a couple of nice touches particularly about I look forward to receiving your defence....

sarahc5388

Tiggrae, please could you look at the following for me - thanks in advance

xXXXXl
Customer Care
Lloyds TSB Insurance
Tredegar Park
Newport
South Wales
NP10 8SB

Dear Ms XXXXX,

Re: Account number: XXXXXXXX

References:

A. Your XXXXX dated 9 June 2008 (copy).
B. My letter to you dated 7 June 2008 (copy).
C. Your XXXXXdated 29 May 2008 (copy).
D. My letter to you dated 11 May 2008 (copy).

Thank you for your very very swift response at Reference A, to my letter (Reference B, copy enclosed)) which you received on Tue 10 Jun 08. I would like to reiterate the following:

"I am writing in response to your letter dated 29 May 2008 , with regards the insurance sold with my loan. Your reference is XXXXX.

I do not feel your letter has offered a satisfactory justification that my policy was sold fairly, reasonably and within my best interests so I request that you look into my complaint again.

I would like to add that when the policy was sold to me, your salesperson stated that because I wanted to borrow an additional £1000 on top of an existing loan, I had to renew the loan and that because I had PPI on the previous loan I must also have it on it on the new loan for the application to succeed. I now believe this to be untrue."

If I do not receive a more favourable response within 14 days I shall be taking my complaint to the Financial Ombudsman.





Also:

Re: Account number: XXXXX

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 yourselves 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 calendar 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.

Request for Further Information

I also request the following information:

Procedures in place at the time of sale to ensure customers did not buy policies on which they could not claim or which provided only very limited cover;

The Controls and Systems in place at the time of sale to stop staff giving advice or providing information that amounted to giving advice;
Systems in place at the time of sale to assess suitability adequately (ie what advice could and could not be given, how did you assess a customers suitability for specific products);

What Controls were in place at the time of sale to assess the quality and timeliness of product and price disclosure;

Provide details as to the level and structure of inducements and targets for sales staff in place at the time of sale;

What training was provided to the Salesperson involved with the sale of the Insurances and how was the competence of the specific sales staff assessed (please provide copies of actual training records and competency assessments;

What Compliance Monitoring was in place to ensure compliance with good practice; and

Copy of any Internal or External Audit reports into the Sale of Insurances within the company issued since the sale of the insurances took place.


Yours Sincerely




XXXXX

Encls:

1. Reference A.
2. Reference B.
3. Reference C.
4. Reference D.
5. Postal Order for £10. Specifically for DPA/SAR request – not to be credited to any account.

sparky0107

jadest wrote: »

I don't blame you, they are pushing it I am sure this kind of behavour from Halifax can't be in line with FOS. I will give them a week to remove my late payment from credit agency (Experian) and then I am going to contact FOS I have printed out page saying the Direct Debit is still active from Internet banking and proof that loan payment was in my account wiating for them to withdraw the money for loan. they are definely doing this because I dare to try to claim and they still have not replied to my claim at all. I am so disappionted in the Halifax. I did not think they would stoop so low.

Hi jadest,
I've given them till tomorrow morning, I had the manager squirming, I told him I was entering into a credit purchase tomorrow, that I was travelling 200 miles to complete it, and that I knew that I would be refused credit with the late payment notices on my credit report. I don't think they're used to people having access to their credit reports. After this I'm moving all my accounts from the Halifax.

sparky0107

sarahc5388,
Nice letter hun, looks very professional.

jadest

I got a letter again from littlewoods saying they need more time to fully investigate my claim and they sent me a questionare saying do I have other insurance when I took out PPI andif so what it was. also if I had any medical diagnosise when the PPI was taken out. Why would they ask all thse question. I am not sure of some of the answer as I asked for my SAR 5 weeks ago and still haven't recieved it, I can't remember when the PPI was taken out. All I know is I never asked for it on the application for the account as I have copy of application I just notice I was paying it a few months ago on close scrutany of my statement. I didn't have other insurance that would cover payments as I get full pay when of sick and there is no redundancy policy so wouldn't need it

TwinsMum_2

Laini wrote: »

I emailed him when I was trying to get them to change their decision whilst going through FOS in jan 2008 but he just said he couldnt do anything and re directed me back to head of complaints who I emailed my letter to the other night she said she would respond to the letter and get back to me before end of june so its a waiting game - I know I really upset them with my letters and said I would not stop until I got justice and was so glad the FOS backed us up and they have to cough up now.
thanks for your help too!
Laini xx:j

How long have they quoted you. I even managed to get a free hamper because I had made a complaint it wasn't a cheap one either. You could try emailing him again giving him the details of your current position. They settled mine even before the broker (CentralTrust) had settled with them If I can help you any more please PM me and I will do all I can to help.