PPI Reclaiming Discussion part 4

Dizzywithmoney · 10 April 2011 at 8:20PM

Hi All - just been chatting to 79 year old father in law about loans and stuff and just happened to mention about us trying to claim stuff back!! We are worried about his finances anyway and try to help him as best we can, obviously he is a pensioner but he was given a car loan about 3 years ago over a 5 year term!! Now who on earth gives a 76 year old a car loan for 5 years anyway but for him to be paying £200 per month on a pension is outrageous. The car is not anything special either and its not new by anymeans!! After pressing him about this loan he agreed to look to see if he was paying PPI and bring the forms for me to read next week. He did go on to say that they pressurised him into, what sounds like, some form of GAP insurance because he says it was if the car got damaged in any way and he said he that £30 a month of the loan is this insurance. Now we are really wondering if he has become confused and part of this £30, or even all of it, is PPI insurance. Could anyone advise if he has been sold PPI insurance would this have been mis-sold with him being a pensioner and not working at all. Also he has several medical problems and his wife at that time was disabled and she died not long after he took this loan on.

Gunnersaurus · 10 April 2011 at 8:23PM

di3004 wrote: »

Hiya

So sorry to hear that.

Now when you mention that they refuse to send you any proof of the calls, did you request this in terms of a Subject Access Request (SAR) there is a letter template for this below link and they MUST comply and send ALL data they hold on the account.
They have 40 calendar days to do so.
For this though you enclose £10 cheque or postal order.

If they have these details and informed you that you agreed on the phone then they must still have the evidence for this somewhere in your data, so they should be able to prove it.
I would be wondering myself otherwise.

If they still don't send you the copies of calls in forms of transcipts of cd etc, then I would write back and tell them they must have had proof of this on data and you will now contact the Information Commissioners Office (ICO) to make a complaint.
(If they have the details then they should disclose them, afterall its what they are saying you asked for and I would not take their word for it without the evidence).

You can still continue to make the complaint with the FOS if you want to.
Was it the final decision?
If not then maybe you could ask them to reconsider otherwise first.

Good luck.

Thank you so much for your help! I didn't request the information as a SAR, but I will do this. I requested evidence from Capitalone to prove that I had signed up to it. They just stated on their letter that they won't provide the telephone transcript, and this was their final decision. I will write to them anyway requestiong the info, and if they don't provide it, then I'll have a letter ready to go to the FOS.

Thank you once again, I really do appreciate your help.

Kind regards
G

di3004 · 10 April 2011 at 8:25PM

Dizzywithmoney wrote: »

Hi All - just been chatting to 79 year old father in law about loans and stuff and just happened to mention about us trying to claim stuff back!! We are worried about his finances anyway and try to help him as best we can, obviously he is a pensioner but he was given a car loan about 3 years ago over a 5 year term!! Now who on earth gives a 76 year old a car loan for 5 years anyway but for him to be paying £200 per month on a pension is outrageous. The car is not anything special either and its not new by anymeans!! After pressing him about this loan he agreed to look to see if he was paying PPI and bring the forms for me to read next week. He did go on to say that they pressurised him into, what sounds like, some form of GAP insurance because he says it was if the car got damaged in any way and he said he that £30 a month of the loan is this insurance. Now we are really wondering if he has become confused and part of this £30, or even all of it, is PPI insurance. Could anyone advise if he has been sold PPI insurance would this have been mis-sold with him being a pensioner and not working at all. Also he has several medical problems and his wife at that time was disabled and she died not long after he took this loan on.

Hiya
I would first be inclined to get hold of the loan agreement for this account, if this is PPI as such then I assume it would be disclosed on the loan agreement, worth checking it out.

Write a simple letter, enclose £1 cheque or postal order, request for a copy of the loan agreement, and ask them to supply by 12 days.

I am not too sure on GAP insurance myself - nor if its the same as PPI, but still always best to make sure he wasn't sold something that is not actually required.

I did find some details on GAP whether or not its the same GAP insurance though...... here.
http://www.click4gap.co.uk/terms.asp

di3004 · 10 April 2011 at 8:28PM

Gunnersaurus wrote: »

Thank you so much for your help! I didn't request the information as a SAR, but I will do this. I requested evidence from Capitalone to prove that I had signed up to it. They just stated on their letter that they won't provide the telephone transcript, and this was their final decision. I will write to them anyway requestiong the info, and if they don't provide it, then I'll have a letter ready to go to the FOS.

Thank you once again, I really do appreciate your help.

Kind regards
G

Your very welcome.

Well with a SAR, they should comply to the Data Protection Act (DPA), more info on the ICO website in case you also need to get in touch with them.
http://www.ico.gov.uk/for_organisations/data_protection.aspx

https://www.ico.gov.uk/Global/contact_us.aspx

Good luck x:)

Munro_Bagger · 10 April 2011 at 8:48PM

Hello everyone,

I'm posting this for my other half, and would really appreciate your advice and help (he knows I'm posting this!). You guys have already been very helpful with my own posts about Nationwide and Northern Rock.

My OH is unemployed (not receiving benefit because of my income) and has been since end 2006. He has a CCCS DMP plan in place for all his creditors, which has been in place since end 2006. Here goes;

(1) EGG credit card account opened November 2003. Still active, but not used. Paid monthly via DMP. We don't have all the statements but from the few I've seen, the description 'credit card repayment protector' appears. The amount is variable - often more than £20, sometimes less. I asked my OH if he'd knowingly signed up to PPI. He said no.

(2) MINT credit card. Not sure when the account was opened (don't have the original terms & conditions etc) but the first statement I can find is May-June 2004. Still active, but not used. Paid monthly via DMP. We don't have all the statements but from the few I've seen, the description 'payment protection insurance' appears. The amount is variable - often more than £30, sometimes less. I asked my OH if he'd knowingly signed up to PPI. He said no.

The MINT issue is complicated further, in that various statements from 2004 onwards show descriptions for 'late payment fees'. These are £20.

Question: are these 'late payment fees' considered bank charges, and hence, can be reclaimed?

So, two credit cards have PPI, of which one has (potentially) bank charge issues combined. I'd like to approach each company separately, for PPI and bank charges, using the guidance provided on the forum for each. I'd personally find it easier to keep track of reference numbers etc that way, and I'd know I'd be following each stage explained in the guidance, without it becoming muddled.

I was going to request terms & conditions from Egg and MINT (£1 each) giving 14 days to respond (PPI) and then make bank statement requests using the templates (£10 each) giving 40 days to respond.

BUT - would it be easier and quicker to make a SAR to Egg and MINT instead (£10 each), asking them for all the information they hold on the accounts, including terms & conditions, telephone transcripts and all bank statements, up to and including the date of the letter? This would achieve what I want (i.e. bank statements that would show charges and PPI, as well as terms & conditions etc) in one go, within one 40-day timescale?

Then, once I have all this information, I would pursue the PPI aspect via the PPI reclaim questionnaire, and the bank charges aspect via the 'request to repay fees' letter.

Has anyone out there done this? If so, how do I get my mitts on a SAR template? If I were to fill it out, could anyone help look it over to make sure I've not been a complete idiot? I'm sorry to keep asking so many questions about this. Thank you.

amersall · 10 April 2011 at 9:02PM

Hi. i have posted on your other thread

Munro_Bagger · 10 April 2011 at 10:17PM

Many thanks amersall, but I'm now very confused

The PPI guidance suggests asking for terms & conditions (12-14 days), writing to your seller (with the questionnaire), following up your complaint, and then if all else fails complaining to FOS.

The credit card reclaim guidance suggests getting your statements (40 days), asking for your money back, what to do if they place you on hold, threatening court action and sending a FOS complaint form.

However, at least one of the lenders fits into both categories. Whilst I'm going to tackle PPI and credit card charges separately (as mentioned before), I just can't get past a mental barrier.:o I'm really sorry for taking up so much forum space.

For PPI, I thought I'd need to know how many instances of PPI have been applied to the accounts (from statements), so I can add this up should I ever get to the stage where an offer is made. Or, so I can put it down on the 'why are you now unhappy with the insurance' part of the questionnaire. Or, just because I genuinely don't know!
If this supporting statement information plugs the gaps, then should I not ask for it?

I wanted to use a SAR to get these PPI statements (because there was no PPI statement request template), and because I thought I could also use it to ask for terms & conditions (and anything else relating to the account) at the same time. I'd hoped to get both the statements and terms & conditions I needed, before writing to the seller with the questionnaire.

Can I use a SAR for PPI? (amersall, you kindly offered advice elsewhere and said you weren't sure on this point).

If I can't use a SAR, after I've asked for my terms & conditions, can I adapt the 'getting your bank statements' template used for charges, to say I'd like details of my PPI charges over the last 6 years?

This would be the only instance where my PPI and credit card reclaim approaches converge. Using the same 'getting your bank statements' template to request statements; one amended for PPI, the other unchanged for credit charges.

After that, my PPI reclaim would continue with the questionnaire; my credit card reclaim would continue with 'asking for your money back'.

I really appreciate everyone's advice, help and time in replying to my posts. Thank you so much.

W1zz · 11 April 2011 at 7:35AM

Hi, I'm wondering if I have grounds for a claim on a Mortgage Payment Protection cover policy I didn't realise I was paying for on an old mortgage.

I've recently been going through my old paperwork on different mortgage and noticed that the redemption statement on the previous mortgage showed an entry for 'Mortgage Payment Insurance Debits'.

The mortgage was taken out at the Leeds & Holbeck Building Society in 2002 and looking at my original paperwork, does list Mortgage Payment Protection, but with a monthly premium is £0.00. At the time of taking out that mortgage (in a branch) I wasn't aware I'd opted to take out any payment protection insurance. I've never taken this type of insurance before or since, and it's something I've always declined when offered. At the time I'd been working for the same company for 12 years (now 21yrs) and have never taken a day off sick.

My dilemma is, that I have another letter in Jan 2003, which says:

A very important benefit currently applies to your mortgage and provides Mortgage Payment Protection Cover.

The Society has been able to provide this benefit to you free of charge for the first 6 months and it is important that the cover is maintained now this period is drawing to a close.

So that you do not lose the protection provided by this cover, your payment has been ammended to £xxx.xx, with effect from Feb 2003. This payment now includes one twelfth of the annual Mortgage Payment Protection premium(s).

Please note that from March 2003 this amount will change to £xxx.xx. This payment supersedes that quoted in your annual mortgage statement package and will be collected automatically by direct debit, if you pay by this method. If you pay by any other method, please rrance to adjust your payments accordingly.

I do hope that the free cover period, for this important insurance, has been of benefit to you.

If you wish to make any amendments to your MPPI cover, or require any help or information generally concerning your insurance policies, please feel free to contact our Insurance Team on Leeds xxxxxxxxx. They will be please to assist with any enquiries you may have.

Please find attached a revised schedule of cover for your records and safe keeping.

I'm unable to find any 'revised schedule of cover' only a leaflet about MPP (Strange, as I keep all my documents together).

It looks as though I've been paying £20+ per month on a payment protection from Feb 2003 until I closed the mortgage in Jun 2004 (approx £320).

Only by re-reading the above letter I received in Jan 2003, do I realise that I could have cancelled the cover, to prevent my payment going up.

Do I have grounds for a claim or just chalk it up as being careless?

TIA

di3004 · 11 April 2011 at 11:03AM

W1zz wrote: »

Hi, I'm wondering if I have grounds for a claim on a Mortgage Payment Protection cover policy I didn't realise I was paying for on an old mortgage.

I've recently been going through my old paperwork on different mortgage and noticed that the redemption statement on the previous mortgage showed an entry for 'Mortgage Payment Insurance Debits'.

The mortgage was taken out at the Leeds & Holbeck Building Society in 2002 and looking at my original paperwork, does list Mortgage Payment Protection, but with a monthly premium is £0.00. At the time of taking out that mortgage (in a branch) I wasn't aware I'd opted to take out any payment protection insurance. I've never taken this type of insurance before or since, and it's something I've always declined when offered. At the time I'd been working for the same company for 12 years (now 21yrs) and have never taken a day off sick.

My dilemma is, that I have another letter in Jan 2003, which says:

I'm unable to find any 'revised schedule of cover' only a leaflet about MPP (Strange, as I keep all my documents together).

It looks as though I've been paying £20+ per month on a payment protection from Feb 2003 until I closed the mortgage in Jun 2004 (approx £320).

Only by re-reading the above letter I received in Jan 2003, do I realise that I could have cancelled the cover, to prevent my payment going up.

Do I have grounds for a claim or just chalk it up as being careless?

TIA

Hiya

I would ask Dunstonh on Mortgage PPI, if you post this on a separate thread ( Mortgage PPI help), then I'm sure Dunstonh will be along to give some help on this for you.
Stay within the reclaiming threads but keep it separate if you know what I mean, so it won't be missed.;)
Good luck.

klflosser · 11 April 2011 at 12:01PM

Letter from Barclaycard this morning putting decision on hold due to JR. That makes 4 now. Original 2 barclays loans sent to FOS some time ago but nothing more heard at present. Let's hope we all hear something about the JR soon. Suppose it is more promising than a definite NO.

PPI Reclaiming Discussion part 4

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