Help Needed! Bank Sent Threatening Letter

petesmile · 8 April 2018 at 9:08AM

I have read Martin's PPI page and used the template letter to contact my bank to request clarification whether PPI was applied to my credit card.

My bank responded stating that, should they not be able to provide me with the required documents (original credit agreement) under the s78 request, this might result in my card credit limit being reduced and any renewal cards due will not be issued, and the account would be subsequently closed once expired.

Can they do this? (I know they can; they can do whatever they want; however, are they entitled to do that?) What can I do to counter?

I would appreciate your thoughts and thank you in advance.

Partridge89 · 8 April 2018 at 10:25AM

The bank thinks you!!!8217;re asking for a copy of the agreement to get out of having to make any more payments. Might be best to give them a call to clarify. At the same time, you could ask if you had PPI.

societys_child · 8 April 2018 at 10:31AM

Why did you need to ask if you had PPI on your (still active) credit card?

If you paid any ppi charges they would be clearly itemised on the monthly statement(s).

Did you specifically ask for the original credit agreement?
Sounds like you may have set warning bells ringing.

dunstonh · 8 April 2018 at 11:16AM

Help Needed! Bank Sent Threatening Letter

It is not a threatening letter. It is a letter explaining the consequences of your actions.

Can they do this? (I know they can; they can do whatever they want; however, are they entitled to do that?) What can I do to counter?

The issue is that you are the one that is acting in a more "threatening way". The bank is protecting itself. S78 requests are typically made by people who are looking to find ways to get out of paying their debts. It is not required for PPI complaints.

I have read Martin's PPI page and used the template letter to contact my bank to request clarification whether PPI was applied to my credit card.

You get a statement month. If you had PPI, it would appear on the statement. You dont need to see the original agreement. I don't know if Martins guide actually tells you to get the agreement on a credit card or not (it shouldnt do as its only loans where it may be of use) but this is a step you do not need to take.

Nasqueron · 8 April 2018 at 2:28PM

societys_child wrote: »

Why did you need to ask if you had PPI on your (still active) credit card?

If you paid any ppi charges they would be clearly itemised on the monthly statement(s).

Did you specifically ask for the original credit agreement?
Sounds like you may have set warning bells ringing.

It's possible they had PPI and cancelled it at some point (which would of course trigger time bars).

I'm not sure where on the MSE site/guide it says to request the original contract though, that sounds more like one of the money saving "tips" involving trying to get out of paying what you owe that some elements of this site support

[Deleted User] · 8 April 2018 at 9:40PM

The MSE guide suggests those who are not sure whether they had PPI could request a copy of the Agreement. At £1, this is cheaper than a full Subject Access Request (SAR) so obviously in the spirit of money saving. Unfortunately, requesting the Agreement when the Bank can't provide it leads to the situation described in the OP.

The MSE guide should instead suggest potential complainants simply ask their lender if they had PPI. The issue is well known now and Banks do not withhold such information.

petesmile · 8 April 2018 at 10:00PM

Basically, I used the following template from this website: "I am writing to request a copy of the credit agreement for the above account under sections 77!!!8722;79 of the Consumer Credit Act 1974. I enclose payment for £1. I would also like to request a copy of the terms and conditions that were applicable to the above account at the time I took out my agreement, as I no longer have a copy and would like to check some of the details."

I was under the impression that I needed to send the above to the bank - which I did - for them to confirm to me whether PPI was sold to me.

Let me know if I'm being a bit dim here...

Thanks.

petesmile · 8 April 2018 at 10:02PM

Thanks for your response. I did get some insight from what you say - it's useful.

However, I disagree with you that I am the one who's threatening the bank. I simply requested info.

dunstonh · 8 April 2018 at 10:10PM

You are not being dim. Unfortunately, if the article says that then it's badly written. There is absolutely no requirement to ask that information on a credit card PPI complaint. Also, most credit card PPI was added post sale (typically over the phone when the card was activated or a later service event). So, agreements wouldnt help.

PPI, if you have it on a credit card that is still open would appear as a transaction on each monthly statement. you dont need agreements and even if you had them, they are usually of no use.

However, I disagree with you that I am the one who's threatening the bank. I simply requested info.

On that basis, the bank simply responded by giving info and didn't threaten you.

I was just making the point that you said the bank threatening you. Yet it was you that initiated the process that is typically used by people trying to get out of paying their debts (usually without success). It is not the method used by people making a PPI complaint.

petesmile · 8 April 2018 at 10:16PM

Thanks. That's very useful info.

[Deleted User] · 8 April 2018 at 10:42PM

Did you even have PPI, I wonder?

If you'd simply asked this at the outset all this palaver could have been avoided.

Help Needed! Bank Sent Threatening Letter

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