PPI Reclaiming discussion Part II

Laini

toneog wrote: »

Thanks for responding M. colak and Laini.

I will check to see if rule 78 is written anywhere on the agrement later.

It might sound daft but what is a SAR ??


I have sent 1 letter to Paragon who came back trying to fob me off saying that i agreed to PPi and that it is a problem for Freedom Finance.

heres one I use

lol
Laini xx:j

X

X

X

X

DATE

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






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

m.colak

kittycatsam wrote: »

Hi Sampainter
I'm assuming from your post that Petermb will be reffering to the fact that your contract could be irredeemably unenforceable due to technicalities in the way it was written out and being pre April 2006 changes to CCA. I aren't really au fait with this myself as it's a bit confusing but after going to a seminar about this I have some paper examples of contracts which are unenforceable due to various reasons. If you want me to I'll post these to you for a look see and compare them to your contract.
Sam

Hi kittycatsam,

thank you for clearing that up. Basically you are saying that the contract might be invalid as it wasn't laid out correctly with all the relevant and pertinant details of the loan (including breakdown) not all included. I agree that in some case's this may be the case and you could possible argue the validity of the loan. However it takes a very clever person (or one with all the right paperwork:D ) to be able to spot this and you will have to be able to argue contractual law which again i'm not really that good to do so. If you can then fair play.

TwinsMum_2

m.colak wrote: »

Hi twinsmum,

You haven't touched the Hamper yet have you??. Have you received anything in writing saying that the hamper was a gift and not compensation in kind?. Not being sceptical here but beware of trojan horse's.

No I haven't but it did state that it was because I had been waiting so long, you got me thinking now. Just checked label on box it is a gift as an apology.

kittycatsam

There are easy basic checks you can do...

One of the first and easiest things to check is did your contract just have the option for single/ joint insurance and NO option to tick for 'no insurance'
also
did it just not have any options of ticking boxes and it was just written up listed with the amounts for distribution. Either was it voids the contract.

Also, if there was a brokers fee to pay and this was not clearly listed seperately in the contract, same applies. Some contracts only have it listed in your disbursement statement so for example contract says 5k loan, no mention of broker fee there but you only received 4.5k due to the fee deduction. If this is only on the other paperwork ie application forms and not on the contract it's unenforceable for agreements prior to April 06.

After that it gets all technical and confusing with regards to restricted/unrestricted credit and it throws me completely!

katiekittykat

Ok - have filled in my claim form and sent all my info to the FOS

xxx

marshallka

m.colak wrote: »

Hiya,

send another letter and state that the OFT released a paper in 1997 (Get the exact paper name from the link i previously posted) telling all unregulated financial bodies (Which Firstplus was) to stop using rule 78 and therefore you beleive the company deliberately went against policy and will take this matter to court if absolutely necessary, to that end you would like a full breakdown of the cost incurred by Firstplus relating to this Loan and a full breakdown of the settlement figure including all the relevant charges within 14 days.

i have now drafted my letter to firstplus and note that in the oft guidance it states that a cap should have been used which firstplus say they have done. How much realistically do you think they overcharged. All my details are in my previous post.

kfer_kaz

I started my claim against London Mortgage company Nov last year, I had to go to the ombusman and they have finally made their decision in my favour:j . However, London Mortgage are still disputing my claim:mad: so it now has to go to a senior ombudsman, gawd knows how much longer I have to wait. Fingers corssed it will be worth it. Just a not to say the ombudsmen are very very thorough and fair, well I would say that wouldn't I :rotfl:

Good luck to everyone else on thier claims, be patient

Janebo12

I have just received a reply from Halifax declined my complaint.

I took out the loan with PPI on 2nd December 2005, whilst I was on maternity leave, however I told the salesperson that I was due to go on a career break, but she went ahead with it all anyway. My career break was due to start on 15th December 2005.

Halifax's letter says "You have also stated that you were on an unpaid career break when you took the policy out. According to our records at the time of the sale 2nd December 2005, your occupation was that of civil servant. Whilst I have read your letter regarding your career break, it is important to note that at the time of sale you were in work which satisfies part of the eligible criteria for the personal loan repayments cover. In addition to this, whilst I note that you embarked on a career break, this did not exclude you from certain elements of the cover..."

Halifax have not said that this is their final response, but say if I am unhappy to go to the financial ombudsman.

What I would like to know is that if they knew that I was going on a career break, should they have still sold me the policy? According to them I was not excluded from certain elements on the cover which would have been death etc which would have been covered on my life insurance policy which incidentally I held with them at that time?

Would it be worth pursuing this further or am I just flogging a dead horse?

Thanks in advance for any advice.

toneog

Laini wrote: »

heres one I use

lol
Laini xx:j

X

X

X

X

DATE

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






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

Thanks, 1 more question though - is it worth us cancellinig the PPI NOW if it is possible ??

Laini

toneog wrote: »

Thanks, 1 more question though - is it worth us cancellinig the PPI NOW if it is possible ??

not sure I think m colak can answer that more confidently
but I think it is a yes.
i am going after mis sold and unfair rebate cos we had already settled the loan.
so i havent had to cancel.
sorry its vague but dont want to give wrong info

Laini xxx:rolleyes: