PPI Reclaiming discussion Part II

petermb_2

cflarry wrote: »

I have started writing my first letters to the loan companies: First Plus, Loans.co.uk, Endeavour finance and First National, yes, have been a serial loaner!!!

First Plus/Loans.co.uk - waiting for SAR from Loans.co.uk and final reply from First Plus before I ring FO! as none are taking my complaint seriously.

First National - still havent had a reply from my first letter

Endeavour Finance - waiting for copies of my redemption settlement

My question is can I go to the FO with three:cool: seperate complaints from these sharks?

Please do not claim for just ppi with these loan companies. seek out Homer-J. he will give you some advice that will allow you to call the loans themselves into question.

doing this will allow you to claim far more than just the ppi premiums and interest

angelwillow

Don't know if anyone can help but any advise would be appreciated.
In January 2005 after many tearful sleepness nights I stupidly took out a loan that I really wish that I hadn't. The paperwork says GE but it was actually through HBOS(found this out later). Anyway I agreed to a loan of £13000 after they phoned me out of the blue and because I was desparate I was keen to go ahead with it. I didn't notice at the time but the advisor - who was very pushy and said I probably wouldn't get the loan without ppi,but that's a different story - put my monthly income as higher than it was (and still is way more as I had to take a downgrade at work due to being treated with depression which I did have before and told them so) and told me that I could easily afford the loan. Alas I couldn't and after struggling on for awhile had to admit defeat and go into default and pay a reduce sum each month (due to effectively 'losing my job' due to my illness which I also told them about). Because of this they gave me a total amount to pay of £28267.84 which obviously I have even less chance of paying than the £13000. What irks me is having to pay the ppi plus insurance when I can no longer use it - not that I would have anyway as it was for unemployment and having worked for the government for 20 years felt pretty secure and any redundancy would more than pay it off.
I have tried to claim back the ppi through misselling but have been refused despite them saying they do not have a phone record of the 'application'.
I know this is really my own fault but can I do anything about this - I only have a copy of the original credit agreement which gives figures showing it was definately a single premium cover.
Sorry for rambling on but this is causing me even more sleepless nights and more medication!

Laini

angelwillow wrote: »

Don't know if anyone can help but any advise would be appreciated.
In January 2005 after many tearful sleepness nights I stupidly took out a loan that I really wish that I hadn't. The paperwork says GE but it was actually through HBOS(found this out later). Anyway I agreed to a loan of £13000 after they phoned me out of the blue and because I was desparate I was keen to go ahead with it. I didn't notice at the time but the advisor - who was very pushy and said I probably wouldn't get the loan without ppi,but that's a different story - put my monthly income as higher than it was (and still is way more as I had to take a downgrade at work due to being treated with depression which I did have before and told them so) and told me that I could easily afford the loan. Alas I couldn't and after struggling on for awhile had to admit defeat and go into default and pay a reduce sum each month (due to effectively 'losing my job' due to my illness which I also told them about). Because of this they gave me a total amount to pay of £28267.84 which obviously I have even less chance of paying than the £13000. What irks me is having to pay the ppi plus insurance when I can no longer use it - not that I would have anyway as it was for unemployment and having worked for the government for 20 years felt pretty secure and any redundancy would more than pay it off.
I have tried to claim back the ppi through misselling but have been refused despite them saying they do not have a phone record of the 'application'.
I know this is really my own fault but can I do anything about this - I only have a copy of the original credit agreement which gives figures showing it was definately a single premium cover.
Sorry for rambling on but this is causing me even more sleepless nights and more medication!

You poor thing, I know what depression can do and your mind isnt in the right place.(did the same thing just took the loan and hoped it would make things better but it just makes it worse)
why not ask for a SAR as your phone calls should be in your file and any notes they have.
they have to prove you werent mis sold, have they given you their final response if so down load the FOS application fill it in and put a copy of your final response letter in with it and any relevant information concerning your health and finances to the FOS.
I am sure M.COLAK and Tiggrae will suggest something too.

TC

Laini xxx:think::grouphug::coffee:


Heres the SAR template

X

X

X

x

date

X
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 xxxx 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.

alleybabes

tiggrae wrote: »

yes it's just scare tactics - they can't ask for costs if it's a small claim !!! you need to write back and put in a CPR 18 Request for further informtion - look back on todays posts I've listed a CPR request

thanks very much its nice to see so many people willing to help its much appreciated

murphy1212

marshallka wrote: »

There is a template letter somewhere on here for a SAR. I have just tried to find it for you and can't locate it at the moment. You are certainly in a better position than some on here (myself included) with regards to dates. Don't just ask him for a copy get the full documents to back up your claim. You have to pay £10 for it and then you get everything.

There are lots on here to help you along the way. Just ask.

Good luck

one here

I know this is not a template but this is the sort of thing you send



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 very much for the above, i will send off this next week, do you think its worth talking to this guy anyway to see if there is any negotiation o their behalf?

marshallka

Freedom Finance have just responded to my request for a SAR from them with the following.

Thank you for your letter received today requesting a SAR.

To comply with this request we will need the following documentation for both of you due to the DATA protection act 1998

Proof of identity Copy of photographic driving licence or passport

Proof of current address A utility bill or bank statement

Once we receive the above we will provide you with the data asap. It is a legal requirement that we have a max of 40 day to comply.

Anyone else ever had this when requesting a SAR. This seems strange.

Laini

marshallka wrote: »

Freedom Finance have just responded to my request for a SAR from them with the following.

Thank you for your letter received today requesting a SAR.

To comply with this request we will need the following documentation for both of you due to the DATA protection act 1998

Proof of identity Copy of photographic driving licence or passport

Proof of current address A utility bill or bank statement

Once we receive the above we will provide you with the data asap. It is a legal requirement that we have a max of 40 day to comply.

Anyone else ever had this when requesting a SAR. This seems strange.

Sometimes this happens as the account may have been closed or settled for a while.
its just so they know its you who is asking for it.As you and they dont want it to get into the wrong hands
I was expecting Nemo to ask for ID when I sent a SAR to Nemo as it had been a year since we had settled.
I think they were expecting us to ask for our info as we had complained to them last year and then to FOS this year.

Laini xx:j

marshallka

Laini wrote: »

Sometimes this happens as the account may have been closed or settled for a while.
its just so they know its you who is asking for it.As you and they dont want it to get into the wrong hands
I was expecting Nemo to ask for ID when I sent a SAR to Nemo as it had been a year since we had settled.
I think they were expecting us to ask for our info as we had complained to them last year and then to FOS this year.

Laini xx:j

yeah, just rang the ICO and they are allowed to ask for this. Sending it by return of post and can't wait for the SAR from them. God this has cost me about £25 already but you have got to try. I will try anything to get back whats MINE and FAIR.:mad:

brunettegirl

Black Horse PPI
I sent the first letter and they replied the same day to say get lost you could have cancelled. I was never given documentation about the PPI and I was told without it I couldn't have credit for the car loan. Have done the second letter, but not sure if I need to go into more detail.....

I am writing in response to your letter dated Tuesday 20th May 2008, with regards the insurance sold with my Carloan.

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. The leaflet was not supplied at the time of purchase and I was informed by the salesman that without the Gold PPI I would not be able to take out the car loan. If I do not receive a more favorable response within 14 days I shall be taking my complaint to the Financial Ombudsman.

marshallka

brunettegirl wrote: »

Black Horse PPI
I sent the first letter and they replied the same day to say get lost you could have cancelled. I was never given documentation about the PPI and I was told without it I couldn't have credit for the car loan. Have done the second letter, but not sure if I need to go into more detail.....

I am writing in response to your letter dated Tuesday 20th May 2008, with regards the insurance sold with my Carloan.

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. The leaflet was not supplied at the time of purchase and I was informed by the salesman that without the Gold PPI I would not be able to take out the car loan. If I do not receive a more favorable response within 14 days I shall be taking my complaint to the Financial Ombudsman.

Thats fine i think. If they respond next time it may include in the wording "this is a final response" and then you can take it to FOS as he has to have that in a letter before he can investigate.