NAT WEST will not return my PPI

[Maggiebroom]

HI all

 

I am having a tussle with Nat West Credit Card at the moment as I am disputing the fact that I have been paying PPI since 2003 when I retired, I tried to get them to return my payments but they insisted that it was my resposibility to inform them that I was retired.

(Like they don't have my birth date??) This could halve my credit card bill which I am having difficulty in paying and I have now asked for my CCA agreement. Could someone look over the letter I am sending them and give me some advice if this is OK>

 

Thanks In advance

 

Nat West

Cards Customer Services

 

May 2007

Dear Sir/Madam

 

Re: − Account/Reference Number 000000000000000000

Thank you for your letter dated 4th May 2007. I would however point out that I am reclaiming any PPI payments made on this card since I retired from full-time employment in 2003.

I was not apprised of the fact that PPI payments would not be of any use to me as I was not employed, and consider this to render any PPI payments after this date to be miss-sold.

I have made a Data request for all my statements for the last six years, as I intend to reclaim any PPI payments made after my retirement date.

This situation could render my debt a great deal smaller than it is now and any payments would be considerably smaller pro-rata. This would be a great help to my financial situation. I would therefore request that any payments or interest charges or late payment fees, be halted until this matter is resolved, and that as the account is now in dispute, any default notices should also be suspended.

With reference to the above agreement, I would be grateful if you would send me a true signed copy of this PPI application and the signed agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of this agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Yours faithfully

 

Any thoughts anyone????

[reidnet]

That letter looks good to me, Lets see if the supply the agreement within the timescale, Dont hold your breathe waiting though..lol

 

Good Luck and let us know what their response is..

 

Ian

[Maggiebroom]

Thanks reidnet

 

I thought it was OK. but wanted to be sure. A mistake now makes you look such a twit as though you don't know what you're doing.

 

That letter will go off tomorrow (recorded of course, so they can't deny receiving it), and I will post the response asap.

 

maggiebroom

[Maggiebroom]

Just as an afterthought. I was not informed that the PPI was not valid if I retired, but when I spoke to Nat West on the phone a couple of weeks ago, they said it was MY responsibility to inform them I was retired and therefore could not benefit from the PPI payments. Can they use this as a valid argument against me??

 

Just curious and trying to cover all my bets.

 

maggiebroom :-?

[itsmeandonlyme]

They will tell you everything and anything...but most important is what's written in your T&C or Policy Schedule. I am not sure if you cancel you PPI (or can you cancel it), but all will become clear when u 'll get your agreement. I wouldn't phone them anymore..i believe it's pointless to talk to them as they get paid to fool customers that want their money back...stick to your timetable and try to cancel PPI if you still have it....

 

They are right you should have told them you retired, but i believe if the PPI was mis-sold you wasn't explained or wasn't aware of the procedures...it's too late to argue about who should do what...claim as mis-sold (if it was mis-sold)...point that nobody took time to explain you the conditions of PPI( do they pay when u retired or not, but it should be in T&C). How long you have PPI on your account ?

 

Reidnet correct me if i am wrong:)))

 

 

Kind regards..

[reidnet]

Hi,

Firstly they will have to provide actual evidence that a signed agreement for the PPI was active, as for them stating that you should have imformed them that you had retired, Well im am sure that their computer system will have your date of Birth etc stored and it does not take a genius to work out the date you retired.

 

They will probably try and use this as a scape goat to cover themselves, If you have the Terms and Conditions of the PPI I would have a good read through them and see if it states anywhere about informing them if you retire. I have not seen this in any policies that I have looked through so far.

 

At the time you took out the Card did they inform you that the PPI was Optional or were you lead to believe that the PPI was a condition of getting the card ?, If you were lead to believe it was in fact a condition of obtaining the card then you have grounds for claiming the policy as being Mis-Sold.

 

Ian

[reidnet]

Ahh Itsme ,

you got ther 1 Min before me..lol

[itsmeandonlyme]

Hello Reidnet,

 

Just trying to bring the threads from the bottom of the page....I had so many of mine unreplied and forgotten....

 

But hey..i am proud to be faster this time:))))))

 

 

:)x

[Maggiebroom]

Today I got a letter sending my cheque back with a compliments slip, and saying the matter is being investigated.

 

Does this mean that because they have returned the cheque they do not have to send me a copy of the PPI agreement and therefore they have avoided the matter or is it just a delaying tactic?

 

Does this mean they are not bound by the 12 day rule? I am a bit baffled as Capital One did the same thing and sent back my cheque and a recent set of terms and conditions. I wrote to them demanding the agreement and re-sending the cheque, but I haven't had a reply yet.

 

Do I just wait for Nat West explanation or what??

 

maggiebroom

[hellhasnofury]

Today I got a letter sending my cheque back with a compliments slip, and saying the matter is being investigated.

 

Does this mean that because they have returned the cheque they do not have to send me a copy of the PPI agreement and therefore they have avoided the matter or is it just a delaying tactic?

 

Does this mean they are not bound by the 12 day rule? I am a bit baffled as Capital One did the same thing and sent back my cheque and a recent set of terms and conditions. I wrote to them demanding the agreement and re-sending the cheque, but I haven't had a reply yet.

 

Do I just wait for Nat West explanation or what??

 

maggiebroom

 

Hello Maggie,

 

They seems to do this, send back the payment and then they mess about.

 

I personally would send a letter with the £1 cheque and insist that they comply with your legal request. I do believe that once they cash the cheque they have entered into a legal contract with you and therefore a statutory duty to supply it:D

 

Remember to keep all records of corresspondence from you to them and them to you, and of course you recorded delivery slips:grin:

[reidnet]

You have a legal right to obtain this information for the fee enclosed, With them sending this back they are denying you your legal rights.

 

Ian

[Maggiebroom]

I had an idea this was a delaying tactic, as by not accepting the cheque they have no legal right to supply the agreement. I am furious, and a very sharp letter will go off tomorrow.

 

One thing though, does the 12 days go from the original letter or must I start the process again with tomorrows letter???

 

maggiebroom

[reidnet]

I would send them back the £1 cheque along with a very stiff letter demanding your information as previously requested. I would state that as you have already requested this information on (date) and they have refused this information I would give them 7 days to supply the information and warn them that if they do not conform to your request you will take the matter up with the proper Authorities.

 

Thats Just my opinion, Others may have more ideas too..

 

Ian

[Maggiebroom]

I have written a very stiff letter that will go off today. I agree with you reidnet, they are just stalling for time.

 

maggiebroom

[Maggiebroom]

PS

 

Who would the "proper authorities" be and what would be the addresses. I have had a look round the site but cannot find what I need.??

 

maggiebroom

[Maggiebroom]

Will someone please check this letter for me and see if they think it will do?

 

Dear Sir

Re Account No: 0000000000000000000

Thank you for the information you sent following my request under the CCA 1974.

 

However, I made a request to you for a copy of the executed agreement applicable to the PPI that has been paid on my card account.. Under the CCA s77/78, you are obliged to send me a TRUE copy of the actual credit agreement. By returning my cheque you are denying my legal right to the above mentioned copy.

A regulated PPI agreement contains all of the prescribed terms, other required information and statements of my statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided to me and must be those applicable at the time that the agreement was signed.

 

I am resending the cheque for £1 that you returned, and would remind you that under the terms of the CCA 1974 the 12 days for compliance to my original request will expire next week, and I have no obligation to pay any more payments until you supply the above true copy of my signed agreement.

 

I would therefore be obliged if you would send me a true copy of these documents within 7 days or I will be making a strong complaint to the appropriate authorities.

Yours faithfully,

 

Anyone??

 

maggiebroom

[Maggiebroom]

Anyone???? PLEASE

[reidnet]

Hi Maggie,

Looks ok to me, see what they respond with..

 

Good Luck

 

Ian

[mcd382]

Hi There,

I may be wrong,it's not unknown but surely your employment status is not the issue here.My own policy (which I did not read at the time)stated that I was inelligable for some claims if I had reached the'Statutary Retirement' age of 65.In fact surely it must compound their Illegal misdeeds if they were aware or assumed you were still employed,because they sold you insurance fully knowing you would be unable to claim for most of the benefits,like sickness and loss of earnings.

Ray.

 

 

Hi Ian if you catch this I have had a result with mine,I will go now and post it on my own thread

[Maggiebroom]

I agree

 

Surely they must have known that I would not be employed at retirement age.

Although having said that some people do work past then. I had intended to work till 65 but had to retire on medical grounds.

 

I have had no response yet so its just a waiting game from here on. I have already told them I intend to reclaim all my payments from when I retired, (2003) and silence has been the reply so far. Perhaps they are adding up how much that is, so they can send me a cheque

 

maggiebroom

[Maggiebroom]

Hello Folks

 

I have not been attending to my fight with Nat West for the last few weeks, as I had a scare that I might have breast cancer and have been backwards and forwards to the hospital. However I have now been cleared although I may still have to have an operation.

It was a great relief that it wasn't cancer though.

 

Back to Nat West..... I looked at the letters I had already sent: one for my PPI agreement, and one for a DPA request.

 

The DPA one was sent on the 11 April and they have sent me statements only covering 2001.

These only arrived last week so they were out of time anyway. So now I have to write a sharp letter asking for the other years. I am sure there is a template somewhere.

The PPI request was sent on the 14th May, and I have not heard a word so obviously they are over the 12 day deadline, and are now in default. So another sharp letter will have to go. Luckily they are the same address so one postage will do.

 

It beggars belief that a huge company like this cannot abide by the law and think themselves better than their customers. They think they can ignore legal niceties and that we will not complain. How wrong they are.

 

I'm off to write my letters now. Results when I hear.

 

maggiebroom

[Maggiebroom]

A bit of advice please peeps.

 

I have written this letter to Nat West but could someone advise me if this will do. Is the PPI agreement treated as the same as a CCA agreement?

 

 

Re Account No: 00000000000000000

I made a request to you on 21st May 2007, for a copy of the executed agreement applicable to the Payment Protection payments on the above account. Under the CCA s77/78, you are obliged to send me a TRUE copy of the actual agreement.

A regulated agreement contains all of the prescribed terms, other required information and statements of my statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided to me and must be those applicable at the time that the agreement was signed.

 

I would remind you that under the terms of the CCA 1974 the 12 days for compliance to my original request have now expired, and I have no obligation to pay any more payments until you supply the above true copy of my signed agreement.

 

I would therefore be obliged if you would send me a TRUE copy of these documents as soon as possible.

Yours faithfully

Anyone????

maggiebroom

[hellhasnofury]

A bit of advice please peeps.

 

I have written this letter to Nat West but could someone advise me if this will do. Is the PPI agreement treated as the same as a CCA agreement?

 

 

Re Account No: 00000000000000000

 

I made a request to you on 21st May 2007, for a copy of the executed agreement applicable to the Payment Protection payments on the above account. Under the CCA s77/78, you are obliged to send me a TRUE copy of the actual agreement.

 

A regulated agreement contains all of the prescribed terms, other required information and statements of my statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided to me and must be those applicable at the time that the agreement was signed.

 

I would remind you that under the terms of the CCA 1974 the 12 days for compliance to my original request have now expired, and I have no obligation to pay any more payments until you supply the above true copy of my signed agreement.

 

 

I would therefore be obliged if you would send me a TRUE copy of these documents as soon as possible.

 

 

Yours faithfully

 

 

Anyone????

 

 

maggiebroom

 

Hello Maggie,

 

So sorry to hear of your troubled time and so glad that you have been given the all clear.

 

Now back to getting your ppi refunded. I have just been successful in mine with the Natwest, so It can be done.

 

Right where are we up to.

 

You have sent a SAR and got the info you need for your claim.

 

You have sent a CA request for the credit agreement for the loan, I don't think there will be a seperate agreement form for the ppi.

 

Have you got the ca for the loan and what does it say on it.

 

Can you let me know

[Maggiebroom]

Actually the PPI is on a credit card not a loan. All I want to do is claim back the payments since I retired in 2003 so that I can re-adjust the payments on my credit card.

2003 is when the payments became null and void because I was not employed any more. My argument is they should not have taken payments after my retirement date and that is what I want to claim back. Some of the payments came to £40 a month.

I don't know how they worked that out, which is why I asked for a complete S.A.R. and they only sent me statements for 2001. Not even relevant to the dates I am querying. And they are also completely out of time on that one. I originally asked for the statements on 11th April.

Refunding the payments will greatly reduce what I have to pay monthly. They have not even sent me an acknowledgment, let alone the agreement.

I presume that PPI was put on when I took out the credit card, and I can't remember when that was.

It is a bit difficult this one as its not a separate payment to a loan as such.

However if they can't produce a CCA for the card that is their problem, not mine.

Up to now I have not heard anything from them.

Hence the above letter.

 

What do you think?

 

maggiebroom

[Maggiebroom]

PS I have no CCA or PPI agreements for anything at all.