Determined100
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Everything posted by Determined100
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Thanks Dx - will try that first then - but my experience of FOS so far has not been that great! Here's hoping....
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Hi, can anyone help with a template for 'particulars of claim' in regard to miselling of ppi please? Have decided to pursue Santander in small claims action as they have continually rejected my PPI claim. Have previously sent them (Oct 17) a 'letter before action' but they have ignored/rejected detail provided. Not undertaken any action like this before so totally confused/concerned about getting it right!! Any help much appreciated?
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Hi Ford, Yes - that is my original thread in PPI issue....
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Thanks Dx100uk - unfortunately - whilst I do have many of the statements there are some significant gaps - so might struggle to get sensible outcome from the FOSrunning sheet?
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Many thanks Ford. I feared it wouldn't be simple!! Yes, have exhausted route with 2 banks - made original complaints (via Resolver) but one bank claims I have not had PPI on my account - despite my providing copies of statements that clearly show I have! Have queried several times - but they are holding their position and stating thats their final decision? The other bank state I requested PPI on telesales call - which I definitely did not (took out in-store for storecard with pre-ticked application form). I considered escalating through FOS but varying reports/experience on their level of expertise in resolving matters - so issued an LbA to banks and thought I would try and pursue via small claims procedure??
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I am considering starting a small claims action - to recover mis-sold PPI premiums from apprx 20 years ago! Please can someone advise as to whether I have to calculate/show the interest element I am asking for in restitution - or do I just show the value of premiums paid and ask the Court (if my claim is successful!) to award interest as they see fit? Equally, if I have to identify value of interest - do I use statutory or ask Court to award compound interest in restitution - calculated at contractual rate of agreement (15%) charged to date of claim (even if I could do this - am concerned that 'compound' calculated over 20 years on few hundred pounds could take my claim over £10k - therefore no longer being able to be considered in Small Claims track? Very confused!! All help much appreciated!!
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Really difficult to do - as they dont detail on statement what interest rate they were charging!! Just "interest will be charged at applicable rate"!! That helps! But it does seem as though the PPI premiums were just lumped in with the other transactions providing a total o/s which they charged interest on? Rough calc seems to suggest 2% per month on total - but can't break down?
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Thanks Dx - lots to read but few comments fairly old now and fear situ may have changed - and still not sure which spreadsheet to use as no-one seems to have progressed? It does seem that not a lot of people have much success with these culprits? But will press ahead regardless ..... Odd - that nobody else seems to have identified unusual 'annual' PPI premiums on Burtons card even though some comments from similar era?
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Yes - confused me! Clearly identifies on statements 'Premium to protect payments' £47.50. It appears on 1st statement - Feb 94 - and then every Feb statement thereafter??
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No - but in similar vein!! This is a Burtons storecard - but same organisations involved. They have not provided any decision on this account - just asked for more time to investigate but I'm fairly sure I know their next letter! Same as Debenhams account and won't accept any responsibility? (Satan's that is). They still have not complied with SAR as yet (6 days remaining)
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Trying to assess likely PPI charges to reclaim against old storecard ('94 - '98). Unsure which of the spreadsheets to use? I have all the statements and they show an 'annual charge' being applied for PPI - not monthly. So not really a single premium type policy on a loan - but equally is based on an annual charge which does attract interest I'd be paying during course of year - or greater - if balance to limit? I will likely have to follow through small-claims process when they reject my claim - so not really concerned with FOS calcs of redress as sure they'll say not appropriate as facility so old? Any thoughts appreciated please?
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In order to calc likely claim for a storecard - do I use the FosRunning PPI v102 spreadsheet for those statements I have at moment?
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Thanks Dx100 - will have a thorough read - all very confusing though!!
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Yes, the good old Debenhams store card from 1999, originally via GE Capital - now Santander - insurers Axa. Taken out in-store (although bank maintain I took out over the phone with their sales team couple months after)
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Bank has now provided 'final decision' and rejected my claim - as has the insurer, Axa. Have sent SAR to bank but still awaiting results - although do have my original agreement and statements etc. Bank suggest as account prior to 2005, I cant go to FOS with complaint against them - but can against Axa?? If I wish to proceed and reject their decision - poss small claims - do I go after the insurer or bank as original creditor?
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Well - Cap1 cant supply statements as too old - figures quoted were based on their estimation and they claim in accordance with FCA guidelines. Escalated to FOS - not complaining about PPI premiums (as cant prove otherwise) nor associated interest on premiums - but on the 8% as this does not take account of the age of the debt. FOS have just called me saying they cant do anything - calc is right. Therefore, If the claim had been for an account that ended a month ago - the amount calculated would probably be the same for an account closed 20 years ago! This seems rubbish to me! If the idea is to put you back in a position as if you had not purchased PPI - then it surely has to reflect the age of the supposed debt? They have had £230 of my money for 17 years - and to compensate they have paid £7 plus the original £230?? They may well have followed the rules - but the rules are a nonsense! If I'd have had the banks money for 17 years I would have been paying min 17% per annum compound interest (and the rest!) Clearly it must be me - insane - and missing the point!
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Thanks re-read the posts and will write to them again. However, my issue is that 1) not sure I'll remember all my addresses over last 20 years, 2) if it's genuinely only limited to 6 years - pointless exercise, 3) I thought a SAR required all information 'uniquely and personally identifiable' to you - which an address is not - whereas a proper name and 'date of birth' is very much unique to me and easily searchable/identifiable?, 4) My current account is with them and at current address - which they haven't even found 5) they clearly do have info beyond 6 years which they have failed to disclose - as they are dealing with PPI claims older than 6 years (and rejecting them based on the records they hold - even if incorrect!) Have reviewed ICO website regards longevity of data which doesn't suggest any cap of 6 years - just as long as company holds data, in accordance with rules of DPA and their own compliance policy? So surely, if they HAVE the data (which they clearly do) - they have to release it?
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Recently submitted SAR to Santander- the same bank who was handling and rejecting couple of old PPI claims. They have stated they hold no data for me - despite my having a current account with them for last 12 years - which is registered to my current address - detailed on my original SAR. Excerpt of letter below:- Can anyone advise whether you have to detail ALL previous addresses where they may have held data - I originally provided full name, current address, date of birth - and asked for data held on any and all addresses for me. Equally, I'm not sure they are allowed to suggest they only hold data for 6 years - when, whilst trying to log a PPI claim, they found data on old store cards going back 17 years? SAR rejection003.pdf
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Absolutely. Brought items in store - signed an agreement which assistant marked up and advised apparently needed to have PPI if you want immediate approval! Bank now suggest that this was perfectly acceptable practice and I would have had the opportunity to review T's & C's at the point of signing - what!!! Stood in a queue, clutching a pair of jeans and a couple of shirts - with people waiting to pay behind you - well of course I'll have a review of your piggin terms to see if I'm being stitched-up - even though the terms do not state how much this PPI farce will cost me. Bank suggests I would have had 30 days to cancel if I wasn't happy - but they didnt send the formal info in post to me till 60 days later??? Not amused!
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Santander have rejected my PPI claim (store card) from 17 years ago on the grounds they believe it was sold in a proper manner (over the phone - which it wasnt - as I signed-up in-store with an agreement the assistant ticked for PPI) and was offered as optional and appropriate for me etc etc - which I absolutely disagree with. I have issued a SAR - but already do have copies of Agreement and statements etc. Unsure of whats best as next move - do I escalate issue with FOS (that I'm not hearing good reports about!) or small claims action? The amount of money involved is probably fairly small (circa £200 in PPI premiums?) Any thoughts appreciated!
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Will call Cap1 as suggested and see how they arrived at figures - and if not satisfactory, for the sake of a tenner, will go for a SAR - as you never know what else that may throw up! If nothing, guess best route forward is to just accept as it is and concentrate on (hopefully) more rewarding CC conflicts! Just one final point on the Cap1 offer - aside from figures for PPI mis-sell - they state in letter, regards 'Plevin' issue that it is not relevant where the PPI complaint has been upheld? Is this true??? Have tried to attach excerpt from letter ........ Thanks Ford & dx100 Cap1 letter - Plevin003.pdf
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Ok, thanks all - guess a SAR is the only realistic way to go in order to calculate properly - but for the difference of £100 or so - highly questionable whether worthwhile?? Guess the banks realise that too!
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Thanks Ford - have read the thread you suggest although still confused as to the stat interest compensation - some suggest simple 8% per year (on total of PPI charges and associated interest) from account closure to date of redress - whereas others refer to the 8% being calculated "if the sum of this PPI refund would have put you into a positive balance" - which I would have no idea of! This doesn't seem to provide redress for the 18 years they have held my monies (given that they accept the PPI was mis-sold)? Their calculations (!) :- PPI Premiums paid: £157 Associated Interest: £65 8% Interest: £7.12 Less tax on the 8%: -£1.42 Total amount being £228 - for an 18 year old debt - seems poor to me!
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Many thanks.... Certainly not straightforward!! Had previously read their guidelines but struggled to interpret that to an account closed 18 years ago without all paperwork and where the company just provides headline figures for their calculation without explanation - very confusing! Thanks dx100 - will try....
