PPI Reclaiming discussion Part II

busbyh

tiggrae wrote: »

you could add the following in - making it in reference to your daughters post natal depression - never used this arguement myself but it appears to be avalid legal one

as they breached Consumer Credit Act 1974. "A clause in the contract which states that a signature indicates full acceptance is not valid where it would be unlikely that the customer would have the skill and inclination to go through the fine detail". See case Howard Maine v A Ogden 1975.

Many thanks TiggraeXX

marshallka

matty4113 wrote: »

You guys are great, many thanks. One last thing. Before the 20k loan i had a 15k one with a&l which started in 2005. I then borrowed a further 5k in 2006. They said they cant just lend me another 5k. i have to take out a new loan for 18,789, clear the 15k one thus getting my 5k if that makes sense. I presume it was 18k rather than 20k as i had already paid that off the previous loan.

Anyway that was the same with ppi which i paid for 13 months before upping the loan, however i dont have the paperwork from this agreement as i threw it all out when i got the new loan. Can i write and ask for statements as you can with the bank charges? Only problem i dont know the previous account no.
Bet you've never heard this one before lol
Nothing is simple in my life

I would just ring the A and L ask for a copy of the agreements. They have to supply you with these but i think they can request a payment of £1 for these. Another thing you could do is request a Subject Access Request from them which is all the information they hold of you including telephone calls etc and this cost you £10. If the agreements are enough for you then just get these but if you want your mind refreshing then request the lot and they have helped with lots of claims here. There is a template letter on here to request one. I will post it in a min.

When you had to clear the old loan and take out the new one did you get anything back for the PPI (if this had PPI???). I bet you only got a small proportion and again would have been paying interest on this for the full term and this would have resulted in a higher settlement figure.

When in 2005 was this other one taken out?? If it was after the 14th January, 2005 then it makes it easier to make a complaint to the FOS as the FSA started to regulate the sales of Insurance. You first need a copy of these agreements and also a breakdown of the settlements so you can see if you got anything back and then make a complaint for misselling.

I had not got my agreement with Firstplus but just rang them and requested it. You are not the only one.

Template letter below for SAR

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

(thanks Laini)

matty4113

Yes it was april 2005. I suppose i could put it in this letter im sending could i? The original 15000 loan i applied for on the net, the second one i did by phone. So i will ask for a copy of my loan agreement from 2005 plus a breakdown of the settlements of that loan as I believe i may have been mis sold ppi.
Sound ok?

matty4113

cancel that, il do a seperate letter like the one you posted. many thanks

marshallka

matty4113 wrote: »

cancel that, il do a seperate letter like the one you posted. many thanks

This one is all the information that they hold and costs you £10. Sometimes there is no need for this but people do find it helpful. I would first request the agreement and see from there and a breakdown (they will probably send this quick )as the SAR takes up to 40 days for them to comply with it and they do make you wait.

Send everything recorded delivery as well. You have proof then.

matty4113

will do, many thanks. Il let you know when something arrives.

di3004

I have received some very useful information in some of my SAR's, yet other SAR's there's only been about 3 pages, I then rang the loan company and asked where my terms and conditions was, she asked "what do you mean?, we don't understand" and another compliance dept asked what a SAR was ?:rolleyes: :rolleyes:

di3004

D day for me tomorrow (Click), not long now, and yet I can see me keeping on tomorrow for a response..........:mad:.
However, I plan to write an email tonight, so they will read it first thing, what do you think Marshallka ?:D

Wonder if I will also get a reply from the FSA tomorrow.....:rolleyes:

marshallka

di3004 wrote: »

D day for me tomorrow (Click), not long now, and yet I can see me keeping on tomorrow for a response..........:mad:.
However, I plan to write an email tonight, so they will read it first thing, what do you think Marshallka ?:D

Wonder if I will also get a reply from the FSA tomorrow.....:rolleyes:

More emails/letters/phone calls never do any harm i don't think. I just think sometimes its slipped their minds (yeah right) and you need to jog their memory.:D

As regards the FSA it took them ages to reply to my letter and the OFT too. Just had one last week from the OFT about a query/complaint i put in about two and half months ago.

marshallka

matty4113 wrote: »

will do, many thanks. Il let you know when something arrives.

Keep us posted and also if you need any more help just shout. There are lots on here with experience from their own experiences that may be able to help.