links

[alanalana]

DO NOT BE PUT OFF BY THE LENGTH OF THIS POST THERE IS A LOT OF USEFUL INFORMATION TO BE FOUND

PPI still mis-sold says which magazine..

BBC NEWS | Business | PPI still mis-sold, says Which?

FSA warns industry over continued mis-selling of PPI --Financial Times article

FT.com / World - Regulator warns industry over PPI

Banks fight name and shame move --Financial Times article
FT.com / World - Banks fight ‘name and shame’ move

New article from the times online reference to Data Protection
FT.com / Europe / Brussels - Data protection laws ‘not fit for purpose’

FOS details of some PPI claims and the rulings
issue 71 - complaints about payment protection insurance

BRITAINS MOST UNPOPULAR PRODUCT
Payment Protection Insurance Britain's 'most unpopular product'

Links that may help with your claim for Mis-sold PPI
Financial Ombudsman Service
http://www.financial-ombudsman.org.u...-insurance.pdf
Ensuring Personal Data is handled correctly - Data Protection Act
Financial Services Authority

FLA Codes of practice
FLA :: Consumer finance :: Consumer Codes of Practice

The FSA Register lets you see the status of companies and their subsidiaries
FSA Register

FSA Handbook - Full Handbook This link from adamski with thanks

THIS LINK IS IMPORTANT TO YOU ON RECLAIMING IT IS FROM 2001 FROM THE FOS
loan payment protection insurance and a quote from this link...

When determining whether a policy is suitable, a seller – whether a lender or an agent for the insurer – must obviously take into consideration any information the prospective policyholder volunteers. However, we do not consider the seller’s duty is limited simply to recording what the borrower discloses. It is only by asking questions that the seller can properly determine suitability. These questions cannot cover every aspect of a borrower’s personal position and should not be expected to do so. To paraphrase the ABI Statement, only those matters deemed to be relevant by the insurer should be the subject of questions.

* And straight from the FSA website MONEYmadeclear *

FSA Comparative Tables

For the Information Commissioners office. (this is an option if the DSAR is not complied with)

http://www.ico.gov.uk/upload/documen...ess_rights.pdf

Information Commissioner's Office - Information Commissioners Office
http://www.ico.gov.uk/upload/documen...lain_final.pdf
Complaints - Information Commissioners Office

Information Commissioners Office are having trouble dealing with tha massive amount of complaints so timeframes keep slipping. I phone on a regular basis but cannot get details on a definative date for response. Patience is the name of the game. (Received a response from the Information Commissioners Office dated 5 November it can be found on my own thread)

This is the latest report from the Information Commissioners Office on performance for 2007 to 2008.

Please see page 30 and guess if the pie chart will have changed by the same time next year!

http://www.ico.gov.uk/upload/documen...rt_2007_08.pdf

Guide to Data Subject Access Request
http://www.ico.gov.uk/upload/documen...a_subjects.pdf

The Register of Data Controllers just type in the name and you should get the result
Register of Data Controllers & their roles - Information Commissioner's Office - Information Commissioners Office


And Document retention timescales....
http://www.hm-treasury.gov.uk/media/...ations2007.pdf

PPI Rulings on some cases by the Financial Ombudsman Service (FOS) Link from hellhasnofury

issue 62 - mortgage endowment complaints – capping where the policy remains linked to a mortgage

Another Useful article on Single Premium PPI and why the FSA say it was unfair.
Payment protection insurance (PPI) – Refunds of single premiums : FSA Money made clear – Unfair contracts

This is a really useful link for those CAGers looking for the UK Law Statue databases just type in the legal Act that you require and the date and search
Home - Statute Law Database

Trade Associations and Regulatory Bodies
Trading Standards Central - Trading Standards and Consumer Protection information for the UK
The Office of Fair Trading: making markets work well for consumers

Links with reference to GISC
http://www.oft.gov.uk/shared_oft/ca9...sions/gisc.pdf


Consumer Credit Act 2006
http://www.opsi.gov.uk/acts/acts2006...0060014_en.pdf
Consumer Credit Agreements amendments 2004
http://www.opsi.gov.uk/si/si2004/uksi_20041482_en.pdf
OFT Credit changes and APR
http://www.oft.gov.uk/shared_oft/con...dit/oft144.pdf

Two more links here for the use of Unfair Terms in Consumer Contracts Regulations 1999
Consumer Direct - Unfair terms in contracts
Statutory Instrument 1999 No. 2083

For claims before 2005 and the FSA ruling from which campaign
How to tell if you’ve been mis-sold PPI
Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI

Another useful site to help you reclaim missold PPI UPDATED 16 JUN 08
Reclaim your PPI premiums - payment protection insurance | This is Money

This is a little snippet from the above link....

Can I reclaim on any PPI policy?
Your claim for compensation is dependent on when you took the insurance. PPI sales only came under the jurisdiction of the FSA on 14 January 2005. Any sales made before then are not covered by the latest rules.
However, it may still be worth complaining to your lender if you feel you have been mis-sold. If you bought before January 2005 it is likely that they will have been covered by a previous regime of rules. This means that the Financial Ombudsman Service will be able to consider these complaints. If you took PPI after January 2005, your claim is subject to the latest rules.

two more links as posted by banker rhymes with from this thread:
MBNA PPI Unsecured Loans Eyes Wide Shut
Claim chasers to be cleaned up
OFT anger over debt collection practices

This will be of use to those pressured by unsolicited telephone calls and sales
The Basics - Privacy and Electronic Communications

And this on EC directive on electronic communications
The Data Retention (EC Directive) Regulations 2007 No. 2199

The True cost of PPI
Personal loans unprofitable without PPI

If you are being chased by a creditor these links give some advice on the debt chasers...
The Limitation Act 1980 | Debt Advice | Payplan
http://www.payplan.com/debt-library/bailiffs-harrassment.php
Administration of Justice Act 1970 (c.31)
Debt Help UK - Administration of Justice Act 1970 | UK debt consolidation service with free help and advice

Rule 78 in respect of Mortgages is it legal? Link courtesy PW
Legal Update

Another link from PPI thread back in 2007
Can I complain about old PPI policy? | This is Money

and how good is this?
Bank of Scotland blames human error for data loss | OUT-LAW.COM

A case on Collation of Data that can evade the Data Protection Act 1998
Data collation can evade Data Protection Act, says Court of Appeal | OUT-LAW.COM

see this for more info

Enforcement - Data protection the 13 March date gives the relevant failings under the Data Protection Act 1998

For legal issues relating to Data Protection check this link...Lots of very useful info in understandable terms.
Data Protection | OUT-LAW.COM

it includes the following and much much more
Negotiating with the Data Subject (This should be important to Banks)

At this stage, it is advisable to negotiate with the data subject. The location information the data subject will have already given will give a clue as to what it is the data subject really wants to have information about. The benefit of the Data Protection Act 1998 is that it allows data controllers to negotiate with data subjects to get the data subject to specify the exact information he or she wishes to receive.

The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.

When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.

However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required. (nice to know what you see in the Act is what you get)

Consumers response to the review of the banking and business banking code review 2004
http://www.which.co.uk/files/applica...-445-55569.pdf

Responses to the Competition Commission from the banks on the subject of PPI
http://www.which.co.uk/files/applica...-445-55569.pdf

and this
Reward, comp & ben - Royal Bank Of Scotland staff win 10% profit share bonus - 28/02/2005

and alliance and leicester
Alliance & Leicester Group: Media Centre - Latest Releases

More on RBS
Reward, comp & ben - Bank staff look forward to record bonuses - 02/03/2006

and HSBC
HSBC bends bonus rules - Telegraph

And more
Reclaim your PPI premiums - payment protection insurance | This is Money
GE Capital Bank hit with £610,000 PPI fine | Money | guardian.co.uk

Capital One fined by the FSA
BBC NEWS | Business | Capital One fined over PPI sales

Current inquiry by the Competition Commission into PPI PRELIMINARY FINDINGS this is ongoing......

http://www.competition-commission.or.../pdf/18-08.pdf

The latest from the Competition Commission

BBC NEWS | Business | 'Little competition' in PPI sales

The latest news from the Competition Commission - Courtesy of Paintball
The Times newslink.....Sales of PPI to be banned
Competition Commission Newslink.....News release

All links to the British Bankers Association have been removed as a protest to their response to the Competition Commissions findings

A report by the Office of Fair Trading. This is long but has some interesting points about Loans and PPI.
http://www.oft.gov.uk/shared_oft/rep...ion/oft705.pdf

Another Interest calculator....
New Square Chambers - Interest Calculator

[doolally lady]

just a quick thought, this is probably in the wrong place, but having used your link to the IFO (thanx) to have a read, I'm surprised that ppl haven't tried the Freedom of Information Act to get the banks to prove how much it actually costs re: bank charges of any description.

[rory32]

I'm surprised that ppl haven't tried the Freedom of Information Act to get the banks to prove how much it actually costs re: bank charges of any description.

The Freedom of Information Act only applies to 'public authorities' - this includes

• central and local government
• the health service
• schools, colleges and universities
• the police
• other non-departmental public bodies, committees and advisory bodies.

[doolally lady]

Thanx for that, my mistake. (pity tho')

[alanalana]

Some extracts for the Unfair Terms in Consumer Contract Regulations 1999.

Check this out another approach to claim back Mis-sold PPI.


Unfair Terms
5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.

Assessment of unfair terms
<A name=6>6. - (1) Without prejudice to regulation 12, the unfairness of a contractual term shall be assessed, taking into account the nature of the goods or services for which the contract was concluded and by referring, at the time of conclusion of the contract, to all the circumstances attending the conclusion of the contract and to all the other terms of the contract or of another contract on which it is dependent.


(2) In so far as it is in plain intelligible language, the assessment of fairness of a term shall not relate-

• (a) to the definition of the main subject matter of the contract, or
  
  (b) to the adequacy of the price or remuneration, as against the goods or services supplied in exchange.

Written contracts
<A name=7>7. - (1) A seller or supplier shall ensure that any written term of a contract is expressed in plain, intelligible language.

(2) If there is doubt about the meaning of a written term, the interpretation which is most favourable to the consumer shall prevail but this rule shall not apply in proceedings brought under regulation 12.

Effect of unfair term
<A name=8>8. - (1) An unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer.

(2) The contract shall continue to bind the parties if it is capable of continuing in existence without the unfair term.

All taken from this site:::

Statutory Instrument 1999 No. 2083


Also check out section 2 1 (q) there is loads of stuff here aladdins cave so to speak.

[alanalana]

post removed as it was basically an advertisement

[alanalana]

For PPI that was added to loans before the FSA ruling ie pre 14 Jan 2005 here is a little peach from Which two links to help you out pre FSA ruling.

Payment protection | Were you mis-sold PPI? | PPI - rules before 2005

Payment protection | Were you mis-sold PPI? | PPI - the rules

these are both on the main site but make interesting reading if you want your money back

aa

[hellhasnofury]

Hello AA,

You are excelling now These links will be extremely useful to others, so it may be important to put them in the stickies, for reference in one place for others to find easily. Maybe pm a mod

Now a question I would like to ask regarding the data protection act, I have searched and searched for days and cannot find anything.

In my case and I am sure with others, previous loans that were taken in say 2001, they state they have not information regarding this on their databases, no credit agreements,etc. They state that under the Data Protection Act they have not legal obligation to keep them. Ok I understand this arguement, but were is there information on destruction of data.

[alanalana]

Good morning Hell,

Thanks for the pat on back
Let me do some research for you and see If I can get an accurate answer.

I know some financial institutions keep stuff for a long time but it varies from bank to bank. If there is a definative answer within various acts I will try to find for you.

This link may help you out, but it is toing and froing to get what you need.

Data Protection Act 1998 (c. 29)
aa

[hellhasnofury]

Well done AA you've been stickied

[alanalana]

Yes Hell and all due to your help Thank you

my links post trying to help has helped with your help TY

[hellhasnofury]

Hello All,

AA I know you won't mind me adding to your links, but this does make interesting reading

issue 62 - mortgage endowment complaints – capping where the policy remains linked to a mortgage

Read the bit about the ppi and some of the complaints that the Fos has upheld

[alanalana]

hell,
no problem thats what this thread is all about and thanks. Such a good one, I have put the link in the top post, with due credit to you, just in case readers dont follow the thread down.

aa