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Have i got a tough one for you. It's quite a long story so please bear with me.
During a quiet discussion the other day with my wife, we got onto the issue of credit cards and credit card companies/banks. My wife has had a credit card with the same bank for over 20 years, well before we got together. There are no issues with it other than the fact that she is still paying it off due to the high monthly interest accrued and the PPI payment.
What amazed me was this. She told me that 20 years ago when she opened her current account with the bank in question, she was provided with a cheque book and a cheque guarantee card. But this was no ordinary cheque guarantee card. It turns out that it was also a credit card. She queried this at the time saying that she didn't want a credit card and was told "oh don't worry about that - all our guarantee cards are credit cards as well - don't use it if you don't want to."
Now my questions are numerous. Where do i start to try and find out if this credit card was legitimately agreed to as part of a current account application and if such a double agreement is/was even lawful.
Secondly, she pays Payment Protection Cover on it (i assume it the same as PPI) but she certainly never recalls ANY discussion or signing any agreement to it.
Thirdly, i know that statute limitations only allow 6 years for charges but i believe there is no limit on PPI if it can be show to have been obscured from the applicant. Can the PPI be clawed back.
Can any monies be claimed back and what route should i take to start the ball rolling?
I should add that whilst it is tempting to make a 77/78 request under the CCA 1974, i don't know if this would be the best course of action as there is certainly nothing wrong with her credit history. I thought perhaps it would be better to request the original agreement under the Civil Procedure Rules (part 31.16) which allows you to seek disclosure of documents.
I suppose this is a bit of a punt really, considering the age of the account but as it is still in use i thought we should look into it. The main reason for this is that after 20 years my wife is STILL paying it off (very very slowly) and the PPI seems to have been mis-sold.
Can anyone give me any pointers as to the best place to start.
Incidently you can reclaim charges as far back as 1995.
Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.
Will the SAR also provide the agreement or is it just account statements, payments etc?
What do you think of requesting the agreement under the Civil Procedure Rules. The thing is we weren't really looking at claiming improperly executed agreement - just wanted to see if the PPI was a bit of a sham.
Also, have you ever heard of this cheque guarantee/credit card double - it was a new one on me.
It will include the agreement. You should be sent copies of all the data they hold on your wife which will also include transcripts of 'phone calls, copies of letters etc. So be warned expect quite a large file turning up.
Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.
Believe it or not - my wife has just handed me the card from 1989 - my god she keeps everything.
It was a TSB Trustcard with a cheque guarantee sign on the back. The thing is she DEFINITELY did not apply for a credit card. She asked the bank at the time and recalls the conversation - basically told that the cheque guarantee card was also a credit card but 'you don't have to use it'
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
That's sort of our dilemma. We have alot of paperwork going back along way (i have statement in front of me from 1996) but i'm not sure what we could do to 'prove' mis-sold PPI. Wont it just be our word against theirs. Will they need to rely on some kind of signed paperwork for the protection cover?
BTW is there a particular address to send an SAR for Lloyds TSB Credit Cards.
I've got an address for the insurance department, this address was on the letter I got from them the other day about my Lloyds asset card PPI complaint.
Customer Care
Lloyds TSB Insurance
Tredegar Park
Newport
South Wales
NP10 8SB
Tel 0845 300 5599
or
LLOYDS TSB BANK PLC
25 GRESHAM STREET
LONDON
EC2V 7HN
I think your policy number will be the card acount number
hope this helps
9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!
20-1-07 S.A.R - (Subject Access Request) sent Capital One
20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services
20-1-07 S.A.R - (Subject Access Request) sent Marbles
20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)
8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance
22-5-07 Halifax *Won* £1025
23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement
Getting confused now - i've the following addresses - anyone know which is the best to use? Also do i have to send a separate SAR for each account or can one cover all evils (loans/creditcards/bank accounts/PPI)?
Addresses:
Penny Berryman
Senior Manager
Data Protection Dept. Lloyds TSB Bank PLC
The Pentagon
48, Chiswell Street
London
EC1Y 4XX
or
Lloyds TSB Bank PLC
Compliance Dept.
Mountbatten House
Military Road
Chatham
ME4 4JF
or
Copy Statement Unit
Lloyds TSB Bank PLCSwallow House
10 Swallow St
Birmingham
B1 2AL
So all i need now is, do i have to send a separate Subject access request for each account or can one cover all evils (loans/creditcards/bank accounts/PPI)?
Ancient History and PPI
accrued and the PPI
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