Thread: M & S Money - loan(s)

Hi Steve
This needs to be looked at further, but it depends on when you had these loans. As long as it is less than six years since the loans were finished then there should still be records relating to them.
Providing that they are then you should be able to proceed with a valid claim.
Can you post the dates up ?

From what i can remember, these companies are required by law to keep the records for six years from date of closure. Although some keep them longer , hence your A & L claim.
So you'll need to look at the closure dates for these 4 loans.
If it is less as you stated some finished in 2004 then they should still have the records.
You can of course still pursue claims if no records are found but you will need to try and find some old statements to try and find a figure of what you were paying and then average this out over the loan period.
Then send letters off saying that as they don't have the records of the account you have worked out yourself an average figure of what you believe you should be entitled to.

Yes . Sorry i had assumed that you had already done this.
Send tham the SAR straight away accompanied by 10 pound postal order.
See what comes back from that and then we can help you take this further.
SAR can be found in the stickies at the top of the page

How did you pay the monthly payments on the loans?

Was it by direct debit from a bank account?

If it was, is that account still open?

You should not commit to any figure until you have more information.
The fact they are asking you for a figure to settle IMO is an indication they have the information on these 4 accounts.

Have you sent a Subject access request? If not you should send one ASAP quoting the account numbers you have and requesting all data applicable to you specifically in regard to these four accounts.

As LDG states the fee is £10.00 (postal order is good)

They have 40 days to supply you with all data applicable to you as a data subject with their organisation. If they fail to respond or refuse or deny knowledge of the accounts you should submit a complaint to the Information Commissioners Office stating they are failing to comply with the requirements of the Data Protection Act 1998.

Basically financial institutions are now using stalling tactics in the hope the claimants give up. They are using whatever excuses they can find to halt you in your tracks. They know PPI has been massively mis-sold and now they are trying to hold on to the money they made.

Keep at them, remember to send SAR if you do not get a satisfactory response. If you have no idea on how much PPI you paid you will need to find out. Hence my questions in my previous post.

If you get no joy within 8 weeks you should submit a claim to the Financial Ombudsman Service. Pointing out that all your loans were linked due to refinancing and that you have already received settlements on two of the loans.

when each loan was paid up and a new loan given what happens to the added PPI on the old loan as the balance was paid earlier ? should i have been entitled to a refund on that too ???

Yes every time you refinanced you should have received some rebate on the outstanding amount of PPI owed. That is why it is important to get your Agreements and account statements.

As Alanalana says you do need that SAR sent off.
They should privide you with details of all accounts you have held with them .
Once you have this we will be able to answer your concerns a little more clearly.
From doing this we can start right at the beggining and take you through the process with a full understanding of all the dates, facts and figures

Full SAR for PPI and also 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. 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.

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

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)

This should get you started

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