Thread: making mis-sold ppi claim to Natwest

Originally Posted by SickOfBanks111

Hiya all

I recently sent SAR to Natwest. Got all paperwork back and got copy of a loan agreement and noticed I'm paying PPI. Total cost of the PPI is over £5000.

Natwest also included a "Loan Customer Duty of Care Checklist" in the paperwork they sent to me; although i can;t make most of the info out. (neither can I from you post but it appears to have been completed by a member of staff. Ask them to provide you with a tape of the telephone call that resulted in this information or at least a certified transcrip of the tape if one exists.)

Seen loads lately about mis-selling of insurance products, so started doing some reading on it. Can you guys help me with any of the following:

I suffer from mental health illness and sometimes find it difficult to take in information, so normally ask to take paperwork away and have time to read it over a few times and take it in at my own pace. I remember being told that the insurance cover had to be taken out whilst the loan was processed - is this correct? (Mis-selling on two counts here IMO pre existing medical conditions and being told the insurance was mandatory and had to be taken out as a condition of the loan being approved)

Also in the duty of care checklist, they have ticked that they have advised me of exclusions. This is not the case. I was never informed or given any written details of exclusions. So am now unsure if my existing health problems would be covered. What are my chances of them believing she didn't discuss exclusions with me, in view of the fact I have signed the Duty of care checklist? Do you think my existing condition would be covered?

Also; if i am off work sick, I get full pay. (part of the duty of care questionnaire shoul have asked if you already had sufficient cover from an employer or other insurance) I have been off work quite a bit since taking out this loan and have never needed to claim because i still get my normal salary. Am i right in thinking that the cover for sickness is if you're off work due to illness and only get statutory sick pay? (for sickness issues I believe this is the case. If you are off work and only receiving SSP then you should be able to make a claim on any PPI policy. I wouldn't hold my breath though that it would pay out.)

They failed to tell me this was a product i could purchase from other companies. I've only just become aware i could have taken out similar cover elsewhere for a fraction of the cost. (another reason the product was mis-sold IMO)

Do you guys think its worth me trying to claim the money back? (YES)

Thanks for your time peeps

You have most certainly been mis-sold this PPI.

Claim everything back and if they refuse submit a complaint to the Financial Ombudsman Service.

Do you have all the relevant data on you loan ie Consumer Credit Agreement etc?

If not you will need to get it.

aa

Originally Posted by SickOfBanks111

Thanks for the info AA

The loan was processed in person in my local branch, so there won't be any tapes or transcripts. Will that matter?

Also, I wasn't actually informed i couldn't have the loan if i didn't take out the PPI. I was taking the loan out, as i had to; but i wanted a bit of extra time to check that the ppi was worth me taking out. I wanted to take out the loan and then go home and consider / read the ppi terms and conditions and then decide whether or not to take it out. But i was told this wasn't possible, I either took it out there and then or did without (This was undue pressure and a reason for it being mis-sold)(wish i had done the latter now).

I've obviously come out of the branch relieved the loan went through and spent the next few days sorting out money / paying stuff off etc. Never received any further paperwork ie exclusions, terms and conditions etc and its slipped my mind i'd even taken it out. (did you get a copy of the Consumer Credit Agreement?)

Haven't cancelled the ppi yet, i have less that 12 payments left. Do you suggest I cancel the ppi now or should i continue to pay it whilst i send a letter of complaint?

Does anyone have the address for PPI complaints?

Don't suppose anyone has a copy of the Duty of care checklist from Natwest do they? (The duty of care or wants and needs questionnaire shoud be specific to you as the answers will differ from person to person. It is what you were asked that is relevant

You should start by sending a Subject access request to ask for all the data especially the stuff that you did not get.

aa

Originally Posted by SickOfBanks111

Hiya AA

Thanks yet again.

So i write back to the SAR people? What information should i ask them for? Them sent me:
a signed copy of the loan agreement
the duty of care checklist
copies of letters i have sent to them over the past two years or so
their responses
bank statements

Sorry for being a bit thick. Its just i don't know what to ask for.

Also, does anyone know if i should / can cancel the ppi cover now? If it is possible to cancel it at this stage, will it hinder me, making the claim, or would it be best to keep paying it? Not that i can afford it, its like £90 a month!!!!

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. The post office will be able to confirm when it was encashed (just call 01246 542091 they will even send written confirmation if you request it) Send all correspondence by at least recorded to be signed for so you can track delivery through Royal Mail

You should request 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/card/mortgage.

Copies of all statements applicable to the loan/card/mortgage.

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 demands or customer duty of care questionnaire... here is an example.

http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf

Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.

There is much more information in here that should help you along the way.

Mis-sold PPI? Want your money back? use these links to help

Do not be fobbed off by them citing issues such as relevant filing systems.

If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.


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)

aa

Originally Posted by SickOfBanks111

Hiya AA

I'm a bit stupid at times (hence signing for PPI)!!!!

I've already submitted an SAR. Thats how i found out i was paying ppi.
Am i submitting a new one? or saying i don't think they have provided all information in response to the first one? do i pay again etc?

I read somewhere that Natwest no longer sell ppi. is that right? prob all the complaints they were getting!!!!

No new SAR required just send a non compliance letter...template here....

Data Protection Act - Non-Compliance - Template Letters

ask for these from your earlier post

a signed copy of the loan agreement
the duty of care checklist (and tell this one needs to be legible)
copies of letters i have sent to them over the past two years or so
their responses
bank statements

and anything else you think they may have like recorded telephone converstions or transcripts of those conversations.

aa