Thread: Halifax Personal Loan

Hello Jayz,

Hi All,

Back in 2003 i took out a Halifax loan known as a 'Personal Loan Agreement - UNSECURED' in the region of £9,610 as i borrowed a second time round and already had a previous loan which this one took over.
This also included loan protection known as 'Insurance Loan' which was around £2,600 then a charge for credit for insurance loan of £960 brining the total to approx £3560 and the loan was taken over 84 months.
This loan has only just been payed off and half by the insurance company after a no fault accident which is another story after Halifax trying to take me to court when i had insurance protection but i was far too ill at the time in Hospital.

At the time i was not told that it was optional or other insurance could be taken out elsewhere, do i have to have evidence of this? NO it was up to them at the point of sale to explain this to you.

I still have my second agreement and it was applied as a single premium at the start of the loan. Single premiums are the worst type of PPI IMO you should make a claim.
Do I start with a CCA request and have i a case for a claim? IMO use a Subject access request (SAR) a CCA request Statutory fee £1.00 would get you the CCA but only on still existing loans not closed loans. The SAR Statutory fee £10.00 gets you all the data applicable to you as a data subject.

Sorry for the questions and your help would be grateful.

Regards
Jay

I have just posted advice on another thread so to save a lot of time I will cut and paste as the advice is much the same for all caggers starting on the PPI mis-selling/ reclaiming road.

Subject access request this is always the starting point. It helps you to get all the information before you start action.

There is a template Subject Access Request here..

Data Protection Act 1998 - Subject Access Request

You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. Send all correspondence by at least recorded to be signed for so you can track delievery through Royal Mail.

The things you should get from a Subject Access Request are:

True copies of your Consumer Credit Agreements (CCA) with the terms and conditions that were applicable to the agreement at the time the loan started.

Copies of all you statements.

Copies of all correspondence with regart to the loan, letter, fax, transcripts of phone calls or transcripts of phone calls, or other notes taken by them during the calls.

Also be specific in your request for full disclosure on any PPI added to the loans this should be identifiable on the CCA.

Specifically request the needs and wants/Customer duty of care questionnaite which should have been completed at the point of stale. This questionnaire should be filled out by the bank advisor to ensure all the relevant questions have been asked to ensure the product is fit for purpose and suitable to your needs. See this as an example.....

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


The data requested should be data in any format that their organisation uses for filing, electronic, paper, microfiche, CD, Floppy, Magnetic tape.

Please have a read through the following links for further information.

PPI - Some Notes for Claimants..

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....

Quote:
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.
All of the above and more in this sticky at the top of the forum.

links

It's a lot of reading but some useful stuff in there

Hope this helps

Homework first

Then claim your money back:grin:

aa

Good luck

Hi alanalana,

Many thanks for the reply.

I have already done a full Subject access request about a couple of months ago now due to challenging a CCA on a Halifax Credit Card.

Halifax could not supply all information, nor a agreement for the load and PPI details was included. But does have other loan details.

I also sent a reminder but did not get any further information.
Shall i do another Subject access request? No you have already paid for the information you should send this letter of non compliance with your original request. Data Protection Act - Non-Compliance - Template Letters

And i will now have a read up on the information you have supplied.

Thanks.

Let them know in the non compliance letter exactly the information you consider is missing and tell them failure to fully comply will result in a formacl complaint to the Information Commissioners office and or Court proceedings to enforce disclosure of the documents.

aa