Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Separate SAR for PPI?

    Hi guys, I sent an lbaicon to Lloyds for non-compliance and their reply says I have to submit a new SARicon with another £10 fee because it’s a different Data Controller for insurance , anybody else had this?

    I’m about to print off my N1, which I’ll hopefully file on Monday, just wondered if anyone else had had this excuse from them.

    Regards,


  2. #2
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    Default Re: Separate SAR for PPI?

    Quote Originally Posted by Buster78 View Post
    Hi guys, I sent an lbaicon to Lloyds for non-compliance and their reply says I have to submit a new SAR with another £10 fee because it’s a different Data Controller for insurance , anybody else had this?

    I’m about to print off my N1, which I’ll hopefully file on Monday, just wondered if anyone else had had this excuse from them.

    Regards,
    Can you post up any more information ie when did you send the first SAR?
    What did you ask for?
    Where did you send the first SAR? aand was it with reference to PPI or something else?

    IMO if you are reclaiming PPI or bank charges or whatever a Subject access requesticon is simply that. You are requesting all of the data the bank hold on you as a data subject and if you submit a SAR then they should send you a full list of all data held on you as an individual.

    You can be specific with what data you request although the Subject access requesticon 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 callsicon 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.
    Please read through the stickies and particularly these links.

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

    In this link are many more but you can search at your own time.

    One or two on SAR and information are here to give you an idea of the information available to enable you to carry on your fight.

    THIS LINK IS IMPORTANT TO YOU ON RECLAIMING IT IS FROM 2001 FROM THE fosicon
    loan payment protection insurance and a quote from this link...

    Quote:
    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.
    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)




    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

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    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.

  3. #3
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    Default Re: Separate SAR for PPI?

    Hi alan, thanks for the info; I’ll take a look through it all in a sec. The SARicon was sent mid May 09 to the Mountbatten House address in Chatham. I asked for info regarding PPI along with all other details. They sent me a load of stuff but only statements for 6 yearsicon and the only info about PPI was one line stating the date it was sold.

    I sent the standard lbaicon from this site late September asking for the outstanding statements, info on the PPI and also recordings of telephone conversations (they are saying the PPI was sold over the phone). Their reply says they only keep copies of statements for 6 years and I would have to supply dates and times of phone callsicon and also submit a new SARicon for insurance, as it’s a different Date controller for that.

    I now have the N1 printed, which I think I’ve done correctly; I’ll drop it off at the county courticon tomorrow.
    Regards,


  4. #4
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    Default Re: Separate SAR for PPI?

    Hi, just a quick update! I filed the N1 today but the person that enters them onto the system is away this week, so it’ll be next week before they are ‘issued’. There’ll also be a delay due to the royal mail action planned for next week.

    I went to file it yesterday but I only had one copy of the N1, I didn’t know you needed 3. The woman behind the counter also advised me to make a small change to the POCicon.

    Regards,
    Buster



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE