'thegfb vs NatWest - PPI' ***Refunded ***

[alanalana]

Ok, well firstly now all of the accounts are actually settled (the last loan was paid off about one month ago). From the information supplied, I can calculate the total PPI that I think I am owed over the three loans, so would you say I go ahead with my complaint over missold PPI, and not wait to lodge my complaint with Information Commissioners Office? Do I actually need to see the CCA to make a complaint about missold PPI? (Why not claim your PPI and complain to the ICO. You do not need a CCA to claim mis-selling but you can bet Natwest will respond with a "we do not agree you were mis-sold so you can go to the FOS if you want" Problem there is no CCA to attach to the FOS complaint form)

 

Since you have experience with this, do you think I ought to send three separate PPI misselling complaint letters or make it into one? (If the loans were refinancing ie one following on from the other etc then you can bang in one request if the loans were not refinancing ie one paid off then another one started etc then you could put in three complaints. IMO probably better to put them all into one so you do not lose track. You will then know any correspondence is about all three.

 

You are right in that NatWest still haven't fully complied with my DSAR because I asked for copies of all transactions and statements, and none have been forthcoming.

 

PS - I know we are only May now, but the original loan was taken out in early October 2003. This means in about 5 months it will be 6 years since the credit agreement was made

 

Time to move then:eek: better to send correspondence recorded delivery so you can keep track through the Royal Mail website.

 

Claim the mis-selling, Complain to the ICO as this could help you if time runs out and you can point the finger at the bank for not complying fully with your DSAR.

 

Complain to as many regulators as possible ICO, OFT, FSA, FOS, BBA.

 

It gives them something to do in their spare time one letter copied to the lot.

 

aa

[thegfb]

Thanks for your continued support aa

Well, looking through what NatWest sent me the first and second time, despite saying in the letter that I am not entitled to the CCA under the DPA, they have actually sent copies of the CCA for loans 2 and 3 (chronologically). I assume the CCA is the form which I signed which is headed at the top something along the lines of 'Credit agreement as regulated by Consumer Credit Act 1974'?? I've tried to have a read around the site and this is something that seems to have mixed opinions, some people receive what they believe is actually their CCA but it isn't?

So for loan 1, they state that they cannot locate the agreement. Does this mean that I cannot make a complaint to the FOS with regard to this loan PPI, should it get to that stage?

 

What is the actual legislation that entitles me to a copy of the CCA? Are NatWest legally compelled to give me the 3x CCAs despite the accounts being settled? I'd like to quote this if I fire off another non-compliance letter. Thanks

Edited May 11, 2009 by thegfb

[thegfb]

Just been sat here getting really mad at work so that's always a good time to write a quick letter. Here's my latest response, comments are ALWAYS welcome

 

My address

 

Their address

 

11th May 2009

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Dear Sir/Madam,

Thank you for your recent correspondence dated 6th May 2009.

I am writing to inform you that you have still not complied with my Subject Access Request dated 31st March 2009. The disclosure of personal data is incomplete on the basis that you have not yet supplied me with

· Full copies of ALL contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same (namely Consumer Credit Agreements as regulated by Consumer Credit Act 1974)

· A complete list of all transactions or statements relating to ALL of my loan accounts with your organization.

Accordingly, I have to tell you that you have still not yet complied with your obligations under the Data Protection Act 1998.

My original request was dated 31st March 2009 and I have proof that the request was delivered by post on 1st April 2009. I allowed a further 2 days in addition to the statutory 40 days allowance, to account for postage. The 42nd and final day is tomorrow, 12th May. I therefore feel it is reasonable to expect the information to be sent to me expeditiously upon receipt of this letter.

Failure to comply will result in a formal complaint to the Information Commissioners Office.

Yours faithfully

thegfb

[thegfb]

Well, despite posting the letter 1st class recorded on Monday lunchtime, when I check the track and trace it still simply says 'your item was accepted at xxxx post office on 11/05/2009'.

 

Do you reckon this means that it's lost?

[alanalana]

Well, despite posting the letter 1st class recorded on Monday lunchtime, when I check the track and trace it still simply says 'your item was accepted at xxxx post office on 11/05/2009'.

 

Do you reckon this means that it's lost?

 

check again in a day or two it should show the electronic proof of receipt with a signature normally signed by a numpty who cannot spell or write his own name:D

 

aa

[thegfb]

Ok will do aa thanks, it looks like they don't even start making enquiries on lost mail until 14 days are up anyway

[alanalana]

Ok will do aa thanks, it looks like they don't even start making enquiries on lost mail until 14 days are up anyway

 

This is true and if they agree they lost the mail all you get by way of compensation is 12 first class stamps (I have still got at least 28 of the 36 stamps sent to me:D)

aa

[thegfb]

This is true and if they agree they lost the mail all you get by way of compensation is 12 first class stamps (I have still got at least 28 of the 36 stamps sent to me:D)

aa

 

There seems to be some real irony that if they mess up when you are paying an extra premium (for recorded delivery), they compensate you with something that if you use it and they mess up again, that you can't complain about!!! :razz:

 

Anyway back to topic

[thegfb]

Hi, it's been a long time since I last posted.

 

Sorry I have no news, but that's because I've only just resumed this! I moved house and changed job very shortly after I started this process, and totally forgot all about this. It wasn't until I saw PPI on the news recently that I remembered, dug my files out and sent out my complaint letters.

 

I will keep you updated

[thegfb]

Had a reply from Natwest to each of my complaint letters telling me I need to attend a local branch to verify my signature since I signed each letter in block caps. They are however, investigating my complaints immediately...

 

Just going through the motions, because we all know they are going to insist that they are not at fault blah blah blah

[thegfb]

I went into my local branch today and spoke to some rude idiot behind the 'Customer Service' desk.

 

I explained I had been asked to attend to verify my signature, and his responses were less than helpful. This first thing he said was something along the lines of "I can validate your signature, but what do you expect me to do with it?". I simply repeated what the letters said I had to do, then he brought up a screen in his computer which showed me that they had no actual signature on file for me which he claimed was the problem. He kept trying to find out what my complaint was about, but I wasn't prepared to discuss it in front of the building queue behind me.

 

He then stamped a piece of paper, handed it to me to sign, stamped it again then chucked it across the desk at me and said "send that back to them then".

 

I just picked it up and walked out.

 

So my question is, if they don't actually have a signature on file for me, how can they claim my signature on my complaint letter doesn't match what they have on file? They do have copies of my signature because I have seen them on the copies of previous CCAs they have sent me. It seems they are just stalling again.

 

I have added a discreet 'uniqueness' to my signature on the paper he asked me to sign which is invisible to the untrained eye but which will allow me to see if they lift it. I can't see why they'd need to though.

 

The attitude of the person I spoke to in the branch today is representative of the whole organisation - nice as pie when you're lining their pockets, but as soon as you complain they turn into a bunch of rude, unhelpful tossers

[thegfb]

Good and bad news!

 

The good news first.... Natwest have offered me a full refund of PPI and statutory 8% interest, comes in over 5 grand, which is what I calculated roughly.

 

The bad news... ok, here goes...

 

I received the offer letter on 25th August. I immediately sent the signed acceptance form back the next day, first class recorded. Over a week later, it was still showing as being processed for delivery on Royal Mail's tracking site.

 

I then sent a copy of it with a covering letter explaining that it was showing undelivered, and asking them to confirm if they had received the original or not. This was sent first class recorded too, and is showing as undelivered too several days after posting it.

 

I'm not sure what is going on here. Royal Mail can really mess things up but I think it's a bit too much of a coincidence that two items running have gone AWOL? Also, no one ever answers the phones on the two numbers that have been given to me on every letter of correspondence from the bank.

 

Would it be something more sinister, ie they are refusing to accept items of mail? I'm definitely no conspiracy theorist and that sounds ridiculous doesn't it?

 

Maybe I should just go to the FOS?

[ims21]

Hi

 

Or get copies together and a covering letter to the relevant department and take it into a Nat West branch, insist they get it delivered through their internal system and get them to sign for it in the branch. Make sure you get the name of the person who signs for it and get them to print their name and position under their signature.

 

Regards

 

ims

[thegfb]

Good idea thanks

[thegfb]

Well, finally managed to contact Natwest by phone. It turns out they received my original form on 2nd September, so it's actually a Royal Mail **** up

 

Refund should be within 28 working days from 2nd September, I'll believe it when I see it

[thegfb]

Natwest have refunded me over £5.5k, can't believe I finally did it!

 

Persistence pays off people, I hope this can inspire you to success as well!

[ims21]

Excellent result...well done for coming back to it and winning.

 

Enjoy your windfall.

 

I'll ask for the thread title to be changed to reflect your success.

 

Regards

 

ims

[cerberusalert]

Title updated.

[thegfb]

Thank you, and thanks again for all the good advice from the members here which undoubtably helped me get the money back