Thread: M&S Money PPI

Hi

I'm trying to reclaim the PPI cost of our M&S Money account, I sent them a standard letter saying I was mis sold and I've now had a reply.

I cancelled the policy in 2008 but it didn't occur to me to reclaim the money until now. The letter I recived back state we took the cover out in 91 ( they sent a copy of the signed agreement) and as it was on the staement we should have removed it years ago!!!

The other thing they mentioned is they sold it as a unregulated intermediary.

So how should I take this forwards???

I believe if the PPI was active until 2008 then M&S should have full records for both your account and the PPI. this is because the PPI has been active in the last six years.
I would send them an SAR and mention that you require ALL of the information on the PPI.
The fact that it's on your statements is not a good enough explanation, you have no info on the policy, how much it was costing, or if it was indeed suitable for you in the first place.

I'm sure Alanalana will be along soon to advise...

Originally Posted by birchave0

I believe if the PPI was active until 2008 then M&S should have full records for both your account and the PPI. this is because the PPI has been active in the last six years.
I would send them an SAR and mention that you require ALL of the information on the PPI.
The fact that it's on your statements is not a good enough explanation, you have no info on the policy, how much it was costing, or if it was indeed suitable for you in the first place.

I'm sure Alanalana will be along soon to advise...

Exit from stage left

Yes very important on PPI claims to have the full facts (data) so a Subject access request as per the Data Protection Act 1998 is a must.

This is a link to the full Act.

Results within Legislation - Statute Law Database

The bit to concentrate on is the Subject access request Part II 7 of the Act which is right of access of personal data.

The SAR requests that data. examples here.
Full SAR for ppi and also here...
Data Protection Act 1998 - Subject Access Request

You can ask for all the data see this

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)

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.

This is a lot to absorb just plod through and post any questions.

Also if you have time after this please read through this link there is a stack more information which could well be of use in your claim.

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

So research. get the data, prepare your claim and away you go and good luck

aa