links

[alanalana]

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

This link is on unauthorised overdraft charges and the test cast in the house of Lords
http://www.moneymadeclear.fsa.gov.uk...test_case.html

This link Courtesy Pompeyfaith

http://www.financial-ombudsman.org.u.../ar09/ar09.pdf


This link Courtesy of cerberusalert

Banks to be named and shamed
The PPI loan sharks backed by the State | Mail Online

The latest news from a Financial Times article. PPI is to be banned from 2010..........
FT.com / Personal Finance - Curbs placed on UK payment insurance sales

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

This latest link Courtesy of Pompeyfaith.

A link to get access to medical records in the event you are claiming On pre existing medical conditions. This could be very useful to medical claimants
Access to health records, medical information - Guides - Information Commissioners Office


When you send your Subject Access Request you should ask for evidence of the questions asked at the point of sale.

Please see this link for an example:.....http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf

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

From the Information Commissioners Office
Ensuring Personal Data is handled correctly - Data Protection Act

The Data Protection Act 1998
http://www.opsi.gov.uk/acts/acts1998..._19980029_en_1

FSA Link
http://www.fsa.gov.uk/

These links courtesy of Paintball and very useful to.

The FSA has outlined 6 outcomes which it aims to achieve:
Treating customers fairly

http://www.fsa.gov.uk/pubs/other/tcf_deadline.pdf

Finance and Leasing 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.

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. Patience is the name of the game. (Received a response from the Information Commissioners Office Upholding my complaint under the sixth principle of the Data Protection Act 1998. RBS failed to comply fully to my Subject Access Request within 40 days) post 290 on http://www.consumeractiongroup.co.uk...fight-but.html

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 - ICO

Another Useful article on Single Premium PPI and why the FSA say it was unfair.
http://www.moneymadeclear.fsa.gov.uk...insurance.html
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

Link 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 charges 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.

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 for debt or harassed about debt the following Acts of law are there to protect you.

The Limitation Act 1980
http://www.opsi.gov.uk/RevisedStatut..._19800058_en_1

The Protection from Harassment ACT 1997
http://www.opsi.gov.uk/acts/acts1997..._19970040_en_1

The Administration of Justice Act 1970
http://www.opsi.gov.uk/RevisedStatut..._19700031_en_1

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

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

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)

Two Competition Commission links Courtesy Banker Rhymes With.

Current inquiry by the Competition Commission into PPI - PRELIMINARY FINDINGS
http://www.competition-commission.org.uk/inquiries/ref2007/ppi/provisional_findings.htm

Final result of the Competition Commission inquiry
http://www.competition-commission.org.uk/rep_pub/reports/2009/542ppi.htm

Another good find by Pompeyfaith details on the value of PPI
http://www.competition-commission.or...xt/542_2_1.pdf

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

Another calculator for all......

http://www.consumerforums.com/resour...eadsheets.html

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[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.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[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

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[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

[alanalana]

Hello all,

Link removed as time expired

aa

[alanalana]

Hot off the press literally,

These links are within this thread this is just to highlight them.

*A Recent BBC news report on the FSA advice on PPI* 8 Hours old
BBC NEWS | Business | New online help for PPI customers

* And straight from the FSA website MONEYmadeclear *
FSA Comparative Tables

duplication but up to date information hope this helps if you need Competative PPI.

aa

[kennythecelt]

Thanks to yourbank for posting this elsewhere

http://www.financial-ombudsman.org.u...news/71/71.pdf

This FOS publication looks at the types of cases that are likely to be successful. Go to page 3 on.

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[alanalana]

further information on GISC,

This document is from the 1 April 2000 to 31 March 2001

This is the result of a google search into GISC It would appear that the FOS were responsible for regulating Loan protection.

resolving insurance-related disputes


The insurance division of the Financial Ombudsman Service resolves disputes between consumers and insurance companies about general insurance (for example, motor and household insurance, travel insurance, loan protection and medical expenses policies). The Financial Ombudsman Service carries out this work on behalf of – and under the rules of – the Insurance Ombudsman Bureau (the IOB).
The disputes that the insurance division deals with are general insurance complaints which insurance companies have not been able to resolve themselves. By this stage, the complaints will have been “screened” by our customer contact division, to check that all opportunities to resolve them at an early stage have been pursued. Complaints involving life insurance and investments from insurance companies are dealt with by our investment division.
Membership of the IOB is voluntary. As at 31 March 2001 there were 231 members. A full list of members is available from our communications team (phone 020 7964 0092). In practical terms, almost all major UK general insurers are members of the scheme. When the Financial Services and Markets Act 2000 comes into force – expected by November 2001 – the Financial Ombudsman Service will be able to handle insurance-related complaints about all authorised insurance companies in the UK.
The insurance division has 56 staff – including a principal ombudsman (Tony Boorman, who is also the Insurance Ombudsman under the rules of the Insurance Ombudsman Bureau) and three other ombudsmen (Reidy Flynn, Stephen Lilley and Michael Lovegrove).

general insurance regulation
The conduct of general insurance business is regulated by a new organisation, the General Insurance Standards Council (GISC). We have worked closely with GISC during the year to help it develop its rules and, in particular, its new Code for Private Customers. This code will in due course replace the Association of British Insurers’ (ABI) Code as a statement of the obligations of the industry when selling general insurance products. As the membership of GISC grows, the new code will play an important part in our consideration of many disputes.
We also commented on the new ABI Claims Code. This provides for standards to be maintained by firms when handling claims. Particularly welcome was the inclusion of obligations towards third party claimants. In due course it would seem sensible for the Claims Code to come under the scope of GISC.

Plus a few more links which may help claimants from pre FSA times

http://www.lphpitman.co.uk/gisc_doc.htm

http://www.financial-ombudsman.org.uk/publications/first-annual-report/resolving-insurance-related-disputes.htm

http://www.financial-ombudsman.org.uk/publications/first-annual-report/resolving-insurance-related-disputes.htm

http://www.fs-cp.org.uk/pdf/991229_giscconsultationwe bsite.pdf

http://www.oft.gov.uk/shared_oft/ca98_public_register/decisions/giscrule.pdf

http://www.insuranceprice.co.uk/gisc.htm

https://vault2.secured-url.com/iib/encyclopeadia_item.asp?en cyclopedia_id=125#none

Hope this is of use I did not post in the links top page as it is a little crowded.

aa

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[alanalana]

And a little more it is old but may help folks reclaiming from the time of GISC.

The main problem is finding out if the company you are claiming from were members of GISC and I am still working on that to see if there are any lists.

Rule F42 is threatening to stifle a source of revenue for dealers who make money from selling insurance-related products.
It is being introduced by the General Insurance Standards Council (GISC) whose members include major insurance companies. GISC, an independent organisation, regulates insurance sales and advisory and service standards.
It has announced regulations to prevent its members from dealing with intermediaries that are non members. Rule F42 applies to all insurance-related products, including car policies, payment protection, vehicle replacement and mechanical breakdown insurance.
Dealers who enjoy strong margins from selling these products will need to submit their applications to GISC before September 1, with all submissions processed by the end of the year.
Chris Wood, training and development manager of Direct Group, which is advising dealers, said all sales staff involved in insurance activities would be subject to checks by GISC assessors to ensure they were suitably qualified, trained or experienced.
“Membership poses a number of challenges,” he said. “Any skills shortfall has to be covered by a minimum level and standard of training.”
Dealers could become an agent, or sub-agent, of a GISC member, saving the membership fee, but that would “tie the dealer to that manufacturer's insurance products – they would not be allowed to sell rival products”, said Mr Wood.
Donald Pinkney, managing director of Motorway Direct, which has a £1bn strategic partnership with RAC Warranty, said: “Insurers would have to take responsibility for the dealers who become agents to sell their products – they are not prepared to take this risk.”
Motorway Direct is planning a series of training courses to educate dealers about the new regulations.
Mr Pinkney feared many of the smaller dealers were unaware of the legislation and its implications. “Insurers will not deal with you unless you are registered. If any dealer is making money out of selling insurance products, they must register with the GISC as soon as possible,” he said.
Membership fees are 0.1% of the income earned from insurance-related products. Mr Wood estimates that a dealer selling 800 cars a month and making £250 from insurance-related products, would pay around £200 a year.
Chris Woodburn, GISC chief executive, urged companies to apply for membership “sooner rather than later”.
He said: “GISC has more than 2,000 members and applications received. I envisage that by January 2002 the majority of organisations with whom business customers and consumers arrange their insurance will be regulated within the framework of a single regulatory body.”
The GISC regulations, developed in conjunction with the Association of British Insurers and British Insurance Brokers Association, are intended to stop misrepresentation when selling insurance by setting minimum standards.
Dealers will be expected to provide full explanation on what each insurance product covers to ensure customers are treated fairly.
GISC chairman Anthony Howland Jackson said: “Implementation of Rule F42 provides the glue which will bind together the industry under one single coherent regulatory regime. This has always been the objective of the GISC board, in line with the Government's wishes.”
Mr Wood said dealers should see GISC as an opportunity to improve penetration of insurance-related products.
“Firstly, it is a chance to generate customer credibility from GISC membership and compliance,” he said.
“Secondly, it is an opportunity to review the insurance sales process and develop a training programme that is not only compliant, but also increases insurance profit.”
However, Rule F42 is believed to be the first wave of the GISC regulations.
A second tier may force dealers to disclose how much they bought the insurance product for, revealing their profit margins, to give consumers full transparency. Further information is available on the GISC website: Car Insurance UK
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aa