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PPI Reclaiming discussion Part II

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  • di3004
    di3004 Posts: 42,579 Forumite
    tiggrae wrote: »
    the Data Protection Act is a funny piece of legislation - when you make a request for information they have to send a copy of everything held under your name - in otherwords if an agreement is in your name all they have to do is send a copy of that agreement but not necessarily a copy of the agreement you physically signed.

    Thanks Tiggrae, maybe that explains why I have a few copies of the blank ones then? (not signed).
    I have a few true copies and some blanks.
    The one and only "Dizzy Di" :D
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    marshallka wrote: »
    But the CCA asks that they send a true executed agreement (if the loan is still active) and asks that it has prescribed terms on it being signatures of both the lender and borrower. The prescribed terms are for all agreements whether active or not.

    I am not going to have them for this but just wanted the adjudicator to look at just how they dealt with "legalisation" at the time.
    to be honest I think the adjudicator is going to wonder what on earth your complaint it about - a unfair rebated PPI or problems with the CCA - remember issues regarding CCA didn't come under their jurisiction until 6 April 2007
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    di3004 wrote: »
    Thanks Tiggrae, maybe that explains why I have a few copies of the blank ones then? (not signed).
    I have a few true copies and some blanks.
    The UK Data Protection Act is a large Act that has a reputation for complexity. While the basic principles are honoured for protecting privacy, interpreting the act is not always simple. Many companies, organisations and individuals seem very unsure of the aims, content and principles of the DPA. Some hide behind the Act and refuse to provide even very basic, publicly available material quoting the Act as a restriction.

    taken for Wikipedia
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    to be honest I think the adjudicator is going to wonder what on earth your complaint it about - a unfair rebated PPI or problems with the CCA - remember issues regarding CCA didn't come under their jurisiction until 6 April 2007
    I just wanted to point out that they did not follow anything. Di has said she would do the same here. Its just another string to my bow in my eyes. Why do you think I have done wrong here?? I have only just added it that they did not comply with my request for copies and when they did they are not signed. My complaint here is about the Co-op ones and not unfair rebate. Its about four loans with them that are for misselling. I think it all adds up to what they did at the time of my loans in that nothing was followed like it should have been.

    Co-op are dragging their heels are replying to the FOS for some reason and I have been told that this is holding up my complaint. They never replied 3 weeks ago when the adjudicator rang me and said that it was unusual for a company not to get back and 3 weeks later they still have not.

    Blummin heck Tiggrae, they use the fact that we actually signed the agreement when we are complaining. They always say "you signed the agreement to show you wanted the PPI". They use "our" signatures in complaints.
  • di3004
    di3004 Posts: 42,579 Forumite
    tiggrae wrote: »
    The UK Data Protection Act is a large Act that has a reputation for complexity. While the basic principles are honoured for protecting privacy, interpreting the act is not always simple. Many companies, organisations and individuals seem very unsure of the aims, content and principles of the DPA. Some hide behind the Act and refuse to provide even very basic, publicly available material quoting the Act as a restriction.

    taken for Wikipedia


    Interesting thanks Tiggrae.;)
    The one and only "Dizzy Di" :D
  • mlucyminx
    mlucyminx Posts: 201 Forumite
    Thanks for your advice everyone. will keep you informed on the out come
  • di3004
    di3004 Posts: 42,579 Forumite
    mlucyminx wrote: »
    Thanks for your advice everyone. will keep you informed on the out come

    Fingers crossed for you hun - we look forward to hearing the outcome of this.
    Thanks.:D ;) .
    Di.
    x
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    The UK Data Protection Act is a large Act that has a reputation for complexity. While the basic principles are honoured for protecting privacy, interpreting the act is not always simple. Many companies, organisations and individuals seem very unsure of the aims, content and principles of the DPA. Some hide behind the Act and refuse to provide even very basic, publicly available material quoting the Act as a restriction.

    taken for Wikipedia
    I think that the ICO are a complete and utter waste of time and money. I rang them about Barclays First Plus not complying with my SAR and they said to "they wouldn't want to incriminate themselves would they??"

    What kind of an answer is that from a firm that are supposed to watch over things like that. I asked what they could do and they said "nothing" as I had to prove things were missing.
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    marshallka wrote: »
    I just wanted to point out that they did not follow anything. Di has said she would do the same here. Its just another string to my bow in my eyes. Why do you think I have done wrong here?? I have only just added it that they did not comply with my request for copies and when they did they are not signed. My complaint here is about the Co-op ones and not unfair rebate. Its about four loans with them that are for misselling. I think it all adds up to what they did at the time of my loans in that nothing was followed like it should have been.

    Co-op are dragging their heels are replying to the FOS for some reason and I have been told that this is holding up my complaint. They never replied 3 weeks ago when the adjudicator rang me and said that it was unusual for a company not to get back and 3 weeks later they still have not.
    it's just an unsigned agreement is an issue regarding the CCA and the FOS can't look at those - you've got to keep your complaint simple and unambiguous - if you send in information about possibly problems with the actual agreement then all it does is muddy the waters - I feel like taping oven gloves to your hands to stop you itching away at it !!
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    marshallka wrote: »
    I think that the ICO are a complete and utter waste of time and money. I rang them about Barclays First Plus not complying with my SAR and they said to "they wouldn't want to incriminate themselves would they??"

    What kind of an answer is that from a firm that are supposed to watch over things like that. I asked what they could do and they said "nothing" as I had to prove things were missing.
    couldn't agree more
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