PPI Reclaiming discussion Part II

marshallka

chipbeck wrote: »

Slight misunderstanding. Never asked for never cancelled never reinstated. GE kindly managed these transactions by themselves.

Then you need to start your court proceeding with them. It could be thrown out under the limitations act so it may be a risk. If you take a look at the last couple of court hearings on here you will see they did.

di3004

marshallka wrote: »

You are in the right place.

Right,you could request a sar from them (subject access request) and then you will get all the information that they hold about you and also any telephone conversations they have too all for £10. This may give you some indication as to whether you opted for it or whether it was put on by them. If it was put on by them then if you take a look at martins guide down the right hand corner you have to decide whether to go for the misselling. You really shoud be able to tell if you could of used it.

Was it a front loaded policy and paid up front, if so were you made aware of this? Was it for the full term of the loan? Were any medical conditions asked about prior to this? These are all things that you could read about then request your SAR and find out how you bought it.Some of these policies are ok and needed but if you were say "self employed" there are clauses whereby you have to have been self employed and paying ni (class 2). Take a look and get back with any questions.


oops, sorry di, you beat me to it.

lol, no worries hun, in fact i think you have explained it more in detail, so thats very cool and helpful for Kareno.....:D .
I have not had the chance to check on the site properly yet but are there SAR templates on here hunni ? for kareno to use ?:D


Cheers.
Di.
xxx

marshallka

Laini's sar here page 21

address
X
X
X


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

kareno

marshallka wrote: »

You are in the right place.

Right,you could request a sar from them (subject access request) and then you will get all the information that they hold about you and also any telephone conversations they have too all for £10. This may give you some indication as to whether you opted for it or whether it was put on by them. If it was put on by them then if you take a look at martins guide down the right hand corner you have to decide whether to go for the misselling. You really shoud be able to tell if you could of used it.

Was it a front loaded policy and paid up front, if so were you made aware of this? Was it for the full term of the loan? Were any medical conditions asked about prior to this? These are all things that you could read about then request your SAR and find out how you bought it.Some of these policies are ok and needed but if you were say "self employed" there are clauses whereby you have to have been self employed and paying ni (class 2). Take a look and get back with any questions.


oops, sorry di, you beat me to it. (still not done my tats)

Thanks a lot. No I do know it wasn't paid up front, and it was for the full term of the loan. Can't remember about any medical conditions but neither me nor my husband have any so that's not applicable in my case. Neither are we self-employed. Will they really have telephone conversations going back 6 years ago!? If I was missold I think it will have been a case of being told we wouldn't get the loan unless we took it out. We had a very poor credit rating at that time and I know in that instance we would have agreed to the insurance.

That is so helpful. Thanks a million, Marshallka!

di3004

Kareno an SAR letter above hun, use that one that's the one Laini added to the site posted by Marshallka.;)
By using this you will and should be provided with all requesting on the letter.

When you recieve this SAR we will see what is what from there hun then get the ball rolling.;)


All the best.
Di.
xxx

tiggrae

chipbeck wrote: »

Slight misunderstanding. Never asked for never cancelled never reinstated. GE kindly managed these transactions by themselves.

if you're trying to reclaim going back to 1996 the courts will not support this as it's way outside the 6 year statute of limitations, however, you could try from when GE took over as you can prove cancellation and re-instatement - when did that take place?

tiggrae

kareno wrote: »

Thanks a million, Di. No, I haven't requested a SAR, never heard tell of it and haven't a clue what it means! Is it copies of the forms I filled in? All I have to do with the loan is the credit agreements.

you'll need to make your complaint quickly or the 6 year limit on reclaiming a 'debt' could come into force !!!!

kareno

Yeah, I was thinking that myself! Would it be worth just sending off one of Martin's template letters without sending for the SAR?

I'm sorry for my stupidity over all this. It all just seems so complicated to me.

di3004

kareno wrote: »

Yeah, I was thinking that myself! Would it be worth just sending off one of Martin's template letters without sending for the SAR?

I'm sorry for my stupidity over all this. It all just seems so complicated to me.

Hi hunni, you are not stupid hun.......;) , we all live and learn, been there and done it, so no worries hun, your in the right place for help and guidance and made a start by doing this, so well done to you.;)

I would send off one of Martin's templates hun, and I know you are limited, but if you've hardly information I believe an SAR would be useful too, you will have this then to back you with your complaints, I found some very useful information in some of my SAR's that have helped win past claims. So hopefully, if you get the SAR done today, send off by recorded post as soon as, today if you have time, add the £10 cheque payment, check out who to send the payment too, like if they have a separate compliance dept, and hopefully this should be with you before the 40 days deadline.
Its entirely up to you but the more info the better hunni.

Sorry for missing this but how long ago was it again when you had this product hun ?

Di
xxx

marshallka

tiggrae wrote: »

if you're trying to reclaim going back to 1996 the courts will not support this as it's way outside the 6 year statute of limitations, however, you could try from when GE took over as you can prove cancellation and re-instatement - when did that take place?

Could they use section 32 of the limitations act Tiggrae or try to. I have read lots on the consumer forums where this has been used.

I wish all the Bespoke/Freedom customers would use this against them.

I know this is really off topic but could this section 32 be used against a claim for Tax credits for 2001/02 as the deadline was January, 2008 for claims of the £520 due to people and we did not claim it. We did not know anything about it so could we use this against a claim for this amount now.