LLoyds TSB/More Than added PPI to my credit card acc in 2003 when I was a f/t uni student!

[bryony84]

Hi everyone, I'm looking for a bit of advice. I am experiencing some hardship problems at the moment and missed a payment on my Lloyds credit card so had a nice phone call from a lady from Lloyds. I explained my situation to her and after arranging a reduced monthly payment for 6 months she said 'did you know you have insurance on the card' - I said no, and she gave me a number to make a claim.

Now firstly, I didn't know I had this, and secondly when I got the card (originally with MoreThan) back in 2003, I was a full time student, and certainly not working more than 16 hours a week so I should not have been sold it in the first place.

I have previously asked Lloyds for my signed credit agreement, what I got back was a photocopy half the size of what the original document would have been, but I can just about make out that there is a box with 'you have indicated you will accept the following insurances' with a box underneath which has 'Payment Protection Insurance' typed into it. My signature appears only in the credit agreement box.

Whats more, this is the original credit agreement from MoreThan (which Lloyds sent me) and it doesn't mention Lloyds anywhere although I assume it is all controlled by the same bank eventually.

Can anyone advise me on the best thing to do?

[alanalana]

Hello bryony,

Hi everyone, I'm looking for a bit of advice. I am experiencing some hardship problems at the moment and missed a payment on my Lloyds credit card so had a nice phone call from a lady from Lloyds. I explained my situation to her and after arranging a reduced monthly payment for 6 months she said 'did you know you have insurance on the card' - I said no, and she gave me a number to make a claim.

first question, did you make a claim?

Now firstly, I didn't know I had this, and secondly when I got the card (originally with MoreThan) back in 2003, I was a full time student, and certainly not working more than 16 hours a week so I should not have been sold it in the first place.

For claims before 2005 and the FSA ruling from which campaign
Payment protection | Were you mis-sold PPI? | PPI - rules before 2005
Payment protection | Were you mis-sold PPI? | PPI - the rules

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.

I have previously asked Lloyds for my signed credit agreement, what I got back was a photocopy half the size of what the original document would have been, but I can just about make out that there is a box with 'you have indicated you will accept the following insurances' with a box underneath which has 'Payment Protection Insurance' typed into it. My signature appears only in the credit agreement box.

Whats more, this is the original credit agreement from MoreThan (which Lloyds sent me) and it doesn't mention Lloyds anywhere although I assume it is all controlled by the same bank eventually.

This could be a case of mis-selling but you will need to check all your paperwork. If you do no have the originals you can submit a Subject Access Request which will cost a statutory £10.00 fee.

Full S.A.R - (Subject Access Request) for ppi from hellhasnofury post in stickies at top of forum.

I would suggest a good check through the stickies and links it is time consuming but there is a lot of useful information to be gleaned. Also read a few other threads to get the general idea of what is happening in the PPI reclaim forum.

Hope this helps to get you started

aa

[bryony84]

No, I didn't make a claim. I didn't have a proper job for a couple of months but I'm registered self employed as I also do some freelance web design work so there would have been no point making a claim, so in fact the insurance is still not relevant to me!

I've had a look at the pre-2005 rules and as far as I can tell, it has been missold as it was clearly not suitable for me at the time as I would have had to have been working over 16hrs a week. I have all my paperwork I think so shouldn't need to send a Subject Access Request.

I've read loads of the threads on here and by the looks of it I'm going to have another fight on my hands!

[alanalana]

good luck with your fight,

I will follow your thread

aa

[bryony84]

Over a month ago I sent a letter to reclaim my PPI charges, a week or so later they replied saying they were dealing with my claim, then...

Got 2 letters in the post today, one telling me that card services in Brighton are very sorry but they have to come to a conclusion about my complaint, and one stating that they don't think the policy was missold and they will not be repaying my premiums. They are both dated 31st July!

They have stated that as a student I would have been eligible for some small parts of the policy and then that if at some point I became employed, I would have been eligible for the unemployment and sickness cover. They then go on the say it was my responsibility to check the policy documents. I have looked for said documents and although I have everything else that came with my card, no documents. The only mention of PPI I can find is a very small computer checked box on my agreement (which they sent me, its not easy to read as it appears to be a bad photocopy).

They then go on to say ' We have also sent you monthly statements which have shown the premiums charged and had you wished to query these premiums or cancel the cover, you could have contacted us at any time'. Well isn't that what I'm doing now? I never queried them before as I believed that this was something that came with the card and I had no choice in.

Any advice on the best move forwards from this?

[alanalana]

Hello bryony,,

Over a month ago I sent a letter to reclaim my PPI charges, a week or so later they replied saying they were dealing with my claim, then...

Got 2 letters in the post today, one telling me that card services in Brighton are very sorry but they have to come to a conclusion about my complaint, and one stating that they don't think the policy was missold and they will not be repaying my premiums. They are both dated 31st July!

They have stated that as a student I would have been eligible for some small parts of the policy and then that if at some point I became employed, I would have been eligible for the unemployment and sickness cover. (This is total fob off. A Policy document is a policy document the cannot say as a student some parts were appropriate and then when you get a job other parts are appropriate total **** or words to that effect)They then go on the say it was my responsibility to check the policy documents. I have looked for said documents and although I have everything else that came with my card, no documents. The only mention of PPI I can find is a very small computer checked box on my agreement (which they sent me, its not easy to read as it appears to be a bad photocopy).

They then go on to say ' We have also sent you monthly statements which have shown the premiums charged and had you wished to query these premiums or cancel the cover, you could have contacted us at any time'. Well isn't that what I'm doing now? I never queried them before as I believed that this was something that came with the card and I had no choice in.

Any advice on the best move forwards from this?

Respond with a letter stating they are totally flouting the PPI agreement and changing the Terms and Conditions to suit themselves.

Then hit them with a request for the following: (Copied from another thread with advice on Subject Access Request)

Have you sent a Subject Access Request asking for all the subject data on you and this particular barclays loan or credit card?

If not and you do not have the original paperwork then you can submit a S.A.R - (Subject Access Request) with a statutory fee of £10.00 (a postal order is best and keep the receipt you may be able to claim the £10 back) and request all the data applicable to you as a subject and in particular the loan you are contesting.

They have a statutory 40 days to respond and if you do not get all the data you ask for (and you must ask for every bit of data in whatever format they hold, paper, tape, microfisch, cd, electronic, telephone call recordings or transcripts, etc) You must be specific and ask for Terms and conditions, Customer duty of care check list (if the sale was and advised sale, i.e you talked to a sales advisor) Policy documentation, statement of account etc, then you can submit a complaint to the Information Commissioners Office or start Court action. The Information Commissioners Office is very busy so many complaints on PPI but no Court costs. Such is the magnitude of PPI mis-selling.

Good luck keep posting and you will get the required help.
However this PPI reclaiming is new and still in its early stages but things are coming together and CAG subscribers are real fighters.

Keep at them make life as uncomfortable for them as they are making it for you


aa