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I have had an account with the Next Directory for as long as I can remember.
I have paid Payment Protection every month and never given it another thought until recently.
October 3rd 2008 I sent an SAR to Next they have not responded. I rang the post office to see if they could track my recorded delivery but they couldnt tell if it had been signed for or not. They did however give me a number to call where I could see if my postal order had been cashed, it had.
I have just come off the phone from Next to see why they hadn't responded and they are going to call me back, but they wanted to know what I wanted!! When I told them they said that in 1992 they applied Payment Protection to every acount that was opened. In 1994 they apparently sent out statements with a tick box on the bottom whereby you could opt out of the PPI, they no longer have copies of these statements.
Can I still claim the PPI back or not as they are saying that I was given the chance to opt out and I didn't?
I have had an account with the Next Directory for as long as I can remember.
I have paid Payment Protection every month and never given it another thought until recently.
October 3rd 2008 I sent an Subject access request to Next they have not responded. I rang the post office to see if they could track my recorded delivery but they couldnt tell if it had been signed for or not. They did however give me a number to call where I could see if my postal order had been cashed, it had.
I have just come off the phone from Next to see why they hadn't responded and they are going to call me back, but they wanted to know what I wanted!! When I told them they said that in 1992 they applied Payment Protection to every acount that was opened. In 1994 they apparently sent out statements with a tick box on the bottom whereby you could opt out of the PPI, they no longer have copies of these statements.
Can I still claim the PPI back or not as they are saying that I was given the chance to opt out and I didn't?
Help please
Hello Harlequin,
If I stated that I am shocked with their statement, that would be a understatement
The first point, they are in serious breach of the Subject access request that you sent on 3rd October, so I would be sending them a non-compliance letter asap, Again send it recorded delivery and you can track it yourself on the royal mail website. Give them 7days and then report them to the Information Commissioners Office for the breach and make sure that you do it.
As regarding the second point, the telephone conversation that you had with them, they are either truely ignornant of the law, and their responsiblities. (which I do not believe for one second), or they are just hoping that you will not pursue this.
They cannot just add ppi to all new accounts, without your consent and then state that they sent you a mailer to cancel if you decide not to have it. and how convenient that they state they do not have a copy of it either nor prove that it was sent.
I would not waste my time telephoning them either, anything they say or state, they can deny, and will if it suits. Send all communication by letter and retain all letters sent and received.
Get the Subject Access Request info and come back to us if you need assistance.
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
I will send the non-compliance letter on Monday and as soon as I receive the information I will come back to you.
Harlequin
No problem,
Remember, under the Misrepresentation act the onus is on them to prove everything
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
Help please with NEXT Directory PPI
to Next they have not responded. I rang the post office to see if they could track my recorded delivery but they couldnt tell if it had been signed for or not. They did however give me a number to call where I could see if my postal order had been cashed, it had.
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Originally Posted by harlequin10
