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Are you being threatened over debts more than 6 years old? This may be unfair
See our new Unfair Trading Guide Bought an extended warranty? Not satisfied?
The warranty may be an example of unfair trading
See our new Unfair Trading Guide Have you been defaulted?
Would you like to clean up your credit file? Check it out Are you a victim of unfair trading? Check it out The Consumer Protection from Unfair Trading Regs 2008 Have you been defaulted?
Would you like to clean up your credit file? Check it out | | | | | | | Payment Protection Insurance (PPI) The misselling of Payment Protection Insurance is widespread, and believed to run into billions of pounds. This forum will help you to see if you have a valid claim for a refund, and guide you through the process. | Welcome to The Consumer Action Group and The Bank Action Group
Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund.
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Good luck claiming your bank charges. We strongly suggest that you register under a UserID and not your own name |  |
15th March 2008, 04:09
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#1 (permalink)
| | Platinum Account Customer | 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... Quote: | 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
Last edited by alanalana; 15th November 2008 at 00:48.
Reason: Links added and removed 14 Nov 08
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15th March 2008, 16:52
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#3 (permalink)
| | Platinum Account Customer | Re: links Quote: |
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.
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17th March 2008, 19:43
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#5 (permalink)
| | Platinum Account Customer | Re: links 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.
Last edited by alanalana; 10th May 2008 at 19:53.
Reason: text added
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17th March 2008, 23:07
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#6 (permalink)
| | Platinum Account Customer | Re: links post removed as it was basically an advertisement
Last edited by alanalana; 17th March 2008 at 23:21.
Reason: sorry the link was to an ad removed
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18th March 2008, 08:07
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#8 (permalink)
| | Platinum Account Customer | Re: links 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.
__________________ If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW |
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18th March 2008, 09:03
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#9 (permalink)
| | Platinum Account Customer | Re: links 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
Last edited by alanalana; 18th March 2008 at 09:37.
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5th April 2008, 11:08
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#13 (permalink)
| | Platinum Account Customer | Re: links 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 |  | |