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Hi I have just recieved a SAR pack back from Amex, in that there is a document to state that they had cover for me from 1994 to 2007, when the card was stopped as I have debt problems and CCCS are repaying them monthly.
I am not sure what procedure to take with them to reclaim the payments made to them, especially considering that I have no recollection of the agreement to add PPI and the credit card had a running balance throughout the above period of between £3000 and £8900 - before it was terminated.
side a pile of LTSB 'fob-off' letters struggling to get out!
Posts
2,398
Re: Amex Ppi From 1994 To 2007
Hi Intree
I am only a novice myself and I'm sure someone more experienced will be along to offer advice in a while, but as far as I'm aware PPI tends to get added to credit cards when one phones up to get the card validated - this is when they tend to catch you unawares. This happened to OH with his two MBNA cards - he has no recollection of asking for PPI or being offered it when he took out the cards (at a football match and an airport). The one agreement we have (we are still awaiting the other), has no box for PPI. When we approached MBNA they said the PPI was applied after a telephone conversation and that they have no recording of this conversation.
If you have your statements or a list of transactions you can begin the reclaiming process for the PPI if you believe you have grounds to prove it was mis-sold - most people seem to!
There are stickies detailing the most obvious grounds for proving it was mis-sold.
I'm not sure how far back you can reclaim for mis-sold PPI, although I beieve the general concensus is that you can claim back very old PPI if you have only just discovered it was mis-sold, so I can't see why you shouldn't try to get the full amount back!
We have just discovered some very old loan documents in our loft and are going to give those a go.
Hi I have just recieved a SAR pack back from Amex, in that there is a document to state that they had cover for me from 1994 to 2007, when the card was stopped as I have debt problems and CCCS are repaying them monthly.
I am not sure what procedure to take with them to reclaim the payments made to them, especially considering that I have no recollection of the agreement to add PPI and the credit card had a running balance throughout the above period of between £3000 and £8900 - before it was terminated.
I would appreciate any advice.
Did you get copies of all of your statements within your SAR request?
if not you should send them a non compliance letter and ask for the following documents....
A true copy of your Consumer Credit Agreement with the terms and conditions that were applicable at the time you took the loan.
Copies of all statements applicable to the loan.
Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.
Copies of all recorded telephone calls or transcripts of the recordings.
A copy of the needs and wants/ customer duty of care questionnaire... here is an example.
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.
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
Hi thanks for your kind advice Landy and Alanalana
Just been looking through the statements they sent me and despite the fact that they send a document to confirm I had PPI insurance from 1994 to 2007, they have only sent statements from 2002 and I have no charges applied on them at all for PPI, so dont know if there were any charges before the 6 year limit - to which they will probably say they have no records!!!
So will have to look further or drop this one I guess.
Hi thanks for your kind advice Landy and Alanalana
Just been looking through the statements they sent me and despite the fact that they send a document to confirm I had PPI insurance from 1994 to 2007, they have only sent statements from 2002 and I have no charges applied on them at all for PPI, so dont know if there were any charges before the 6 year limit - to which they will probably say they have no records!!!
So will have to look further or drop this one I guess.
Before you decide not to proceed further it may be worth asking for statements from the start of your agreement. Records should be retained for a period of six years after the last transaction on your agreement but if the agreement is still live I would be insisting they give you copies of the complete history from day 1. If they fail to produce submit a formal complaint to the Information Commissioners Office (they have the power to enforce the release of information to you in line with the Data Protection Act 1998) Also send a copy to the Financial Services Authority and the Office of Fair trading.
At least this way you may go have to retire having fired a broadside of complaints
aa
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.