on a mission v ppi

[dollies01]

I'm not suggesting that there are any mad, crazy, bunny boiling types on this forum but would strongly suggest you ******* your telephone number (just in case like! )

[hellhasnofury]

WooW Thanks so much for that. I did say that I was a bit wound up about it. I might have had the world and his wife ringing me for my professional advise (I don't think so)

 

No honestly many thanks for that. I thought I had edited all personal data from that post.

 

Ha Ha just jumped when the phone rang then and I was a bit cautious on answering, but It was XXXXX ofering me back a full refund. HAHA no:) Just Kidding

[reidnet]

Damm I missed getting hold of that Phone Number...Bummer..

 

Ian

[hellhasnofury]

Hi reidnet,

 

You will have to be a bit quicker next time. I probably will do something like that again. What a idiot I am!!! What did you think about my episode this afternoon!! See previous post. I think I might adment my letter and mention the Fraud act section blah blah telling porkies to save the company. There are more legal terms but I will have to look them up.

 

Speak soon

[hellhasnofury]

Hello,

I have yesterday received two letters from two different people and two different departments saying my complaint has been forwarded to them to deals with and they will write to me with their response of their enquiries within the next 10 working days. . Unfortunately for me and them the SAR runs out in 7days. I am getting a bit fed up with them now:evil: and complying letters. Its costing a fortune in recorded delivery. but I will continue as they have really got my back up now:evil: I have sent the folowing letter and if I don't get what I want within the 7days I will report them to the Information Commisioner and anybody know who else I can report them to.

 

Dear XXXXXXXX,

 

Data Protection Act 1998

Subject Access Request

.

 

I write in response to your letter dated 19th February 2007. You state that “In view of the nature of the matters I have raised, enquiries are currently taking place and when these are complete you will write to me with a full response within 10 workings days”. You enclose and formally oblige to advise me of XXXXXXXcomplaint handling procedures.

 

I have today, received another letter from XXXXXX(Customer relations team) who again is formally obliged to advise me of XXXXXXComplaint Handling Procedures and XXXXXXis raising enquires relating to my account and she will write to me with a full response when her investigations are complete. Enclosed is the leaflet explaining your Company’s approach with complaints and how you will keep me informed of your progress and what I can do if I remain unhappy with your outcome.

 

In response to these two letters, I am formally obliged to inform you, that I am fully aware of my rights under the Data Protection Act 1998. The Subject Access request was sent to you on the 14th of January 2007. Your Company has taken the £10 fee and therefore has entered into a legal contract with me under the Data Protection Act 1998, to send me all information pertaining to all accounts and activity, that I have had with your Company. This Subject Access request, by Law you must comply with.

 

I am formally obliged to inform you, that I have made a Subject Access Request and not a complaint and do not require you to deal with my request under XXXXXXXComplaint handling procedures.

 

I have asked repeatedly for all information regarding to, all accounts pertaining to myself and XXXXXXXPLC. I have received some information relating to credit cards and a photocopy of one credit agreement for one of the loans. I am aware that your Company still holds information about the loans and payment protection insurance, that I have had with your company and which your Company appears to be reluctant to release to me.

As far as I am concerned you will have received my SAR dated 14th of February 2007 on or around the 16th of February 2007. There has been numerous telephone calls (which may be recorded) and written correspondence between myself and your company representatives asking for copies of the missing information relating to these loans and payment protection insurance that is held by your Company. This information has been denied by your representative XXXXXX as being held by your company..

 

 

In my first letter I requested, IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

I feel that the Data Protection Team have failed to comply with my request, so have now passed this matter to your department./ departments.to deal as a complaint. I feel that this is extremely inappropriate and request to deal with the appropriate department which deals with Data Protection and with Subject Access Requests. It surely would be extremely useful to deal with one named person and department for further correspondence, to avoid any further confusion. Therefore I feel it is appropriate for urgent liaison within your departments, as to who will deal with this request.

 

The Deadline in relation to the subject access request, I have given you, which legally you must adhere to is 40days, As a goodwill gesture I have allowed 4 extra days for postage etc. To this date, I have not received this requested information. Only denials that you hold further information and acknowledgement of a complaint, that I have not made.

 

Therefore, I am formally obliged to inform you that you have now 7days to supply me with this information. If I do not receive this information within this time period. I will report you to the appropriate authorities for your non-compliance and breach of your duty with regards to my subject access request and will consider legal action against you.

Yours sincerely,

 

 

 

 

 

Hellhasnofury

CC to XXXXXXX (Customer Relations Team)

 

 

 

 

[reidnet]

OOhhhhhhh Sandra... You might rattle their cage with that wee letter..lol,

 

I would fill out the complaint form on the ICO website and you could send thema copy of it and they might get the finger out of their bums and get your information.

 

The ICO do appear to take their time in responding too though, Surprise Surprise but I have an ongoing Complaint registered with the ICO regarding GE Money, I did get a reply from the ICO stating that they will be writing to GE to ask them why the stated Documents were not released under my SAR I think it is because they dont have them and are Bull****ting me..lol

 

Never mind My claim is at court now anyway..

 

Ian

[hellhasnofury]

Hello,

 

Just received my SAR from Natwest Loan. They have been quite good, but have not sent everything, like copies of loan contracts etc.

 

but all is not lost I do have details of the ppi amount and the policy no.

 

I am about to send them a LBA (need help with this one please) and lets see how long it takes them to find all this other information that they are unable to locate, probably under the carpet.

 

I need help with this letter because I feel I need to be clear about consumer laws etc. I am a bit prone to rabbit on and tell a story.

[hellhasnofury]

Well I have read a few posts and feel that I am floundering now. How can I prove that these policies were mis-sold to me. I know they will deny it. I have started to write a letter for the prelim, but don't know what laws to state. I have not received any further information on these ppi from the companies

 

I feel I am losing confidence in this

[hellhasnofury]

Dear Ms XXXXX

Loan Account no:XXXXXXX

I write in response to my recent Subject Access Request dated 14th January 2007. You state that you did not receive this request till the 22nd of January 2007. This SAR letter was sent by recorded delivery and was signed for and accepted by your company on the 16th January, 2007. This allowed you 2days for postage, 40days to gather the required information and 2 days further postage for me to receive this information. My deadline expired on the 27th February. You were actually given the 4 days postage as a gesture of my good will.

 

I believe that this time frame would have been and was sufficient for a large company such as yours with its dedicated staff and departments And Yet Again You have still not fully complied to my SAR and I have now lodged a Complaint with the Information Commissioners Office.

I am yet to be in receipt of any verbal or written correspondence from your Company. I am extremely disappointed that your company have conveniently failed to locate any copies of Contracts, written correspondence pertaining specifically it theses loans and recorded telephone conversations regarding the loan/loans. I feel this statement hard to believe that you cannot locate these documents or recordings and by law under the data Protection Act 1998 and the Limitation Act of 1980 you should have and must supply me with this information

 

After reading some of the information, it has now come to my attention, that the loan account no XXXXXX, which I took out on the 4th November 2002 had payment protection insurance applied to it. The loan was for £XXXXXplus £XXXXX charge for credit/ interest. The payment protection interest was calculated by yourselves at £XXXXX. The interest for the ppi was £XXXXX Total amount of money payable £XXXXX. . There was another loan Account Identification No: XXXXXXX running prior to the above loan which I have also request information about. If I do not received this information, I must presume that payment protection insurance was also applied to loan and will seek reimbursement of this amount.

 

When I took the loan/loans with your company, I was not offered a full and detailed explanation of payment protection insurance and was led to believe by your company/representative that it was part of the conditions of the loan. I have thought that for the last five years and more. It has only become apparent to me after the recent coverage by the media, and following the recent OFT and FSA investigations regarding the mis-selling of ppi by finance companies.. This is when I requested the Subject Access Request.

 

Regarding the loan with the ppi applied, I believe I that I have been gravely mis-led by your company at a time when I was facing financial difficulties and have been mis-sold this expensive insurance that I did not need or want.. At the time of this application I was in full-time employment with no risk of redundancy ,a fully paid salary for 6months of sickness, had a generous life insurance and critical illness insurance policies..

 

I am therefore writing to ask you to refund the premium paid together with interest equal to your APR at the time under the accepted principle of mutuality and reciprocity.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK Law.

 

Firstly, I understand that at the time I entered into the loan/loans contract with you your Company was running an incentive scheme to encourage your employees to sell PPI schemes, as were several other High Street Finance Companies and High Street Banks.

 

No attempt was made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed it at all. No inquiry was made as whether I had pre-existing insurance for accident, illness or unemployment I was not given a copy of the insurance policy. I am not aware of which Company the insurance policy is with, nor were any rights to cancel explained. I believe you manifestly failed in your fiduciary responsibilities, your duty of care.

 

Secondly, I understand under the Consumer Credit Acts and following a House of Lords judgment, that you are not allowed to make a loan conditional on taking PPI unless you include the costs of PPI as part of the charge for credit and not the credit itself.

 

You did not do this. You added it to the total for credit and then charged me further interest on the premium on top of the interest for the loan. This is unacceptable.

 

Finally I believe insurance contracts are contracts uberrimae fidei (contracts of the utmost good faith) which imposes on you a “duty of disclosure of all material facts because one party is in a strong position to know the truth.” Inter alia, . I believe you should have made it clear to me that the policy generated large profits for you and very little for me. You failed to do this. I believe that you have also therefore failed in your duty of disclosure. Your failure to disclose is misrepresentation at common law.

 

What I require

Your concealment of the act of mis-selling has prevented me from asserting my right until now. I believe that there are strong grounds for action against you under common law, statute and consumer regulations.

 

The original premium was £XXXXadded to the loan amount on the 4th November 2002. I presume that interest at 9.90% was added to this amount. Interest XXXXTotal amount £XXXX. The Statutory 8% interest (S69 of the County Court Act) allowed by the Courts will amount to £XXXX. Making the total amount payable at the Court Stage £XXXXX

The loan account no.XXXXXX I have yet to receive information regarding this. If I do not receive the information regarding this loan I will presume there was payment protection insurance applied and I will claim accordingly.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days and 14days only to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive this payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that this time frame is sufficient for a large company such as yours with its dedicated staff and departments. After that, there will be no further communication from me and I shall issue a legal claim at the expiry of the second deadline.

 

Yours faithfully,

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

 

This my LBA have used and amended some posts on the ppi section.

Does this sound ok. need comments please.

 

 

 

 

 

 

[reidnet]

Looks good to me...

 

Ian

[juanito12]

Hi all

 

I have had similar probs with Natwest, I have had confirmation from J Tudor that my original loan agreements have been destroyed by my branch and that they are therefore unable to provide me with those!! I have, however, the figures I need to start the claim and have written the initial letter to the chief executive asking for the PPI,s back. They have declined to reinburse them on the basis that apparently I should have had a certificate of insurance which states that if I was not happy with the PPI, it could have been cancelled within 14 days!! I am clearly going to fight it through the Courts but am slightly concerned that they might apply to the court to have the claim struck out on the basis that the claimant (myself) lack hard evidence of the fact that the policies were miss-sold. Any thought on this is appreciated.

 

JJ

[reidnet]

Hi,

It could be very difficult for them to prove that there is even an agreement in force if they do not have the original agreement documents?

 

I would have a read through the CCA threads as Im not too up on them myself, But as far as I can make out, if they cannot provided a true signed copy of the agreement then they cannot actualy enforce the agreement.

 

If they do not have the agreement this puts you in a better position than them in my opinion.

 

Good Luck

 

Ian

[hellhasnofury]

Hullo Ian, I thought that you had left us all. Thanks for your responses.

 

Can you clarify was you mean by the CCA threads please. Is is the credit consumer act or the county court act. or is it something else.

[dollies01]

He would mean the consumer credit act

The template for this is here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

You need Letter N.

Basically the companys have twelve working days to supply you with the information mentioned in the letter or they are in default

After a further calandar month the debt is unenforceable until such times as the information is found, in which case the companys would need to ask the courts to make you pay, which is highly unlikely they would do as they would have to explain why they didnt comply to your request.

Hope this helps

and apologies to Ian for jumping on his post!

[reidnet]

Thanks for that Info Dollies.. I was not too sure about that Myself so any Info greatly appreciated.. You are welcome to jump in anytime..I mean that in the nicest possible way Dollies..lol.

[hellhasnofury]

 

Can anyone help me calculate the the interest they applied to this ppi.

What would the apr be? I presume 8.9% would be the flat rate??????

 

When I worked the interest out at 8.9% on the ppi it only came to £409.40, but the overall interest they added to the whole loan was £12,090.

 

the loan was for £20,000 plus £12,090 charge for credit/ interest. The payment protection interest was calculated at £4,600. Total amount of money payable £36,690.00

[hellhasnofury]

bump:p

[juanito12]

Hi,

It could be very difficult for them to prove that there is even an agreement in force if they do not have the original agreement documents?

 

I would have a read through the CCA threads as Im not too up on them myself, But as far as I can make out, if they cannot provided a true signed copy of the agreement then they cannot actualy enforce the agreement.

 

If they do not have the agreement this puts you in a better position than them in my opinion.

 

Good Luck

 

Ian

 

Thanks Ian

 

Your help and confidence encourages all to keep going, you are an inspiration.

 

Jose

[hellhasnofury]

Thanks Ian

 

Your help and confidence encourages all to keep going, you are an inspiration.

 

Jose

 

Yes I truly must agree:-) :grin:

 

Also thanks Dollie for your info. I will send the Letter N to them on Monday. Keep all fingers, arms, eyes, legs and toes crossed that they can locate it:grin:

 

If they cant find it and the debt cannot be enforced by them. Can I still go to court for the mis-sold ppi. Or is that just being plan evil.

[hellhasnofury]

Hello, I have sent the cca letter with my pound, so lets just see what has happened to the credit agreement.

 

I have also sent a 5 page prelim letter to another company asking for them to repay my mis-sold ppi. So the fight begins. It has taken me about a week to write this letter because the finances are not easy to work out. There was 3 loans which all ran consecutively, were cancelled and then topped-up. If that makes sense.

[dollies01]

I know that feeling! I have to work out the finances on three loans with different interest rates, each one to consolidate the last...........Can't get my head round it at all, I really MUST try harder lol

[enaid]

 

Can anyone help me calculate the the interest they applied to this ppi.

What would the apr be? I presume 8.9% would be the flat rate??????

 

When I worked the interest out at 8.9% on the ppi it only came to £409.40, but the overall interest they added to the whole loan was £12,090.

 

the loan was for £20,000 plus £12,090 charge for credit/ interest. The payment protection interest was calculated at £4,600. Total amount of money payable £36,690.00

 

I have pmd Nattie this morning to ask him the daily rate interest formula as the loan and P.P.I are done on this method. I too am trying to work out how they get their figures. I know the interest is highest at start but would like to be able to work through the loan to see what you actually pay in interest and if there is a difference betwean that and the interest figure quoted at the beginning of the loan. I hope you understand this cause I didn't come up for air while I was typing it.

[hellhasnofury]

I know that feeling! I have to work out the finances on three loans with different interest rates, each one to consolidate the last...........Can't get my head round it at all, I really MUST try harder lol

Thanks Dollies01, That made me feel much better I thought I was a bit of a numpty.

 

I don't know if the figures I have calculated are absolutely correct, but I am sure they will point out any miscalculations on my part and justify theirs. (like the mis-selling of ppi) It won't really matter till the court stage for exact figures.

 

Well I will just have to wait and see.

 

I thinks possibly after all of this I will have to advertise my services for accountancy and legal matters lol

 

Anyway thanks for your post. Will carry on watching yours

 

Good luck

[ripoffstopper]

This post is for reidnet.

 

Hi Ian I've just picked up on this thread and wondered if you could post a copy of your statement of claim - 5th February post - or email me a copy as you make reference to The Fraud Act in it. I have some PPI issues with Direct Line but also would like to chase a statute barred claim against NatWest and wondered if your use of The Fraud Act could be used by me there.

Sorry to hijack this thread

Thanks

ROS

[hellhasnofury]

I have pmd Nattie this morning to ask him the daily rate interest formula as the loan and P.P.I are done on this method. I too am trying to work out how they get their figures. I know the interest is highest at start but would like to be able to work through the loan to see what you actually pay in interest and if there is a difference betwean that and the interest figure quoted at the beginning of the loan. I hope you understand this cause I didn't come up for air while I was typing it.

many thanks enaid. I appreciate your help.

 

I think I understand what you are saying and I didn't come up for air when I was reading it lol