BANKS are giving incorrect advice on PPI

[joanneg]

They will also tell you you cannot claim back beyond six years as they do not keep records beyond six years.

 

All of this is INCORRECT. You must put them to strict proof that the records do not exist if they state they do not. This means you must insist they produce evidence of destruction of the documents certified by a registered data controller within their organisation as is required under the Civil Evidence Act 1995. This acts requires banks and other institutions to keep auditable records on documentation they hold and includes certification of destruction.

Am so pleased I looked at this thread... this is exactly the battle I'm having with Capital One at the mo.

 

The bog standard response ... having found Liam Quegan direct line number am very much looking forward to monday morning !

[means2anend]

I want to recalim my PPI from halifax, bundled in with a loan, but pre existing medical cond means I would not qualify, I do not appear to have any insuranc document (?) to say what I am covered for etc either.

 

Not necessarily...I HAD a pre-existing medical condition...which they KNEW about ...as it was disclosed...they added PPI...when it came to call upon my insurance as I had been made unemployed through sickness they did not want to pay out..I pushed for it and they LOWELLS closed my account on behalf of CAP ONE.. wiped out my debt..

[Fur]

Capital One, Egg and HSBC are proving to be the toughest ones I have yet to crack, though M & S money are also doing a good job. Best was Tescos Personal Finance. First said no, then I sent them a statement proving it was added, then they said it wasn't real, and I didn't have nay furtehr information so go away. I then sent them 183 pages of statements. They then jsut sent a cheque for £500 to go away. Spreadsheets showed it would be around £450 so i accepted. They all seem to hide behind the no information wall. lloyds was most honest.

[ghd]

Barclaycard sent me a response to my request for T&Cs for an old and out of use credit card account. They say no money will, may or is to be paid to me on the basis of the credit agreement and they therefore do not have to send me the necessary records. Is this correct? I have since found the account number of the old card so should I just fill in the FOS form on the information I have and see what happens or should I try another tack to get a copy of those T&Cs first?

 

Please help I've never done this before!

[ims21]

Barclaycard sent me a response to my request for T&Cs for an old and out of use credit card account. They say no money will, may or is to be paid to me on the basis of the credit agreement and they therefore do not have to send me the necessary records. Is this correct? I have since found the account number of the old card so should I just fill in the FOS form on the information I have and see what happens or should I try another tack to get a copy of those T&Cs first?

 

Please help I've never done this before!

 

Probably best to start your own thread in the ppi forum here

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?111-Payment-Protection-Insurance-(PPI)

 

and give us the background please

 

ims

[pink1808]

Some information for PPI reclaimers.

 

When you submit a claim for repayment of mis-sold PPI the financial institutions are returning letters to put you off continuing your claims.

 

They are using such excuses as:

 

The terms and conditions allowed you 30 days to cancel.

You signed the relevant box agreeing to the PPI.

We are not regulated by the Financial Services Authority so you will have to contact General Insurance Standards Council (GISC) or the Financing and Leasing Authority (FLA).

 

They will also tell you you cannot claim back beyond six years as they do not keep records beyond six years.

 

All of this is INCORRECT. You must put them to strict proof that the records do not exist if they state they do not. This means you must insist they produce evidence of destruction of the documents certified by a registered data controller within their organisation as is required under the Civil Evidence Act 1995. This acts requires banks and other institutions to keep auditable records on documentation they hold and includes certification of destruction.

 

Please do not accept what the banks say in response to your PPI claims if you are unsure then submit a formal complaint to the Financial Ombudsman Service and let them make a formal adjudication on the issue of mis-selling of PPI.

 

Additionally be aware that any loans that fall into arrears and end up as debt management plans DMPs such as CCCS etc. When a debt enters into a DMP the financial institution usually closes the account, stops the interest and accepts a reduced monthly payment until the debt is paid off.

 

 

BE AWARE WHEN THE ACCOUNT IS CLOSED AND YOU START TO PAY A MINIMUM MONTHLY PAYMENT. IT IS UNLIKELY THAT ANY PPI ON THE OUTSTANDING AMOUNT WILL HAVE BEEN REFUNDED. SO EVEN THOUGH THE ACCOUNT IS CLOSED AND YOU WILL NO LONGER HAVE PPI COVER YOU WILL STILL BE PAYING FOR IT.

 

IF YOU ARE ON A DEBT MANAGEMENT PLAN YOU SHOULD STILL SEEK TO CLAIM BACK MIS-SOLD PPI ON THE ORIGINAL LOAN AND ALSO CONTACT YOU DEBT MANAGMENT TEAM TO TELL THEM THIS IS WHAT YOU ARE DOING.

 

I HAVE JUST MANAGED TO CLAIM A £4K PLUS REFUND ON A DMP SO GO FOR IT.

 

aa

 

 

Santander have just wrote saying this to me :/ I have about 10 statements for my house of fraser account would you think I should complain again?

[dx100uk]

this info is infact many many years old now

and not all correct as such now

 

start a new thread

in the PPI forum please

 

thread closed

 

dx