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alliance PPI claim - issues re SAR


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hi guys - just need to run this past folk who are more knowledgeable

 

I am thinking of starting a PPI claim against A&L, just need to know if it's worth it?

 

I have a copy of my original credit credit agreement from when I took out the loan in 1998

which outlines payments, duaration, interest, PPI payments etc.

 

Everything was fine until I was made redundant in 2001,

after which time it was passed to a DCA.

 

Subsequently dealt with DCA and paid off arrears,

but during this time I was sent a letter by A&L in which they state they were cancelling the protection due to the arrears on the account

 

questions:

 

is it worth starting a claim from that far back?

Do I need to SAR them seeing as I have a copy of the credit agreement?

does the fact they cancelled the PPI themselves have an impact on the claim?

 

thanks in advance

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Absolutely.. they have had your money - and cancelled the policy when you were made redundant therefore preventing you from making a claim :)

 

Although if there are any other reasons such as you didnt request it, that it was implied it was mandatory in order to obtain the loan.. which gives further ammuntition that it was then cancelled at a time when you needed it most.

 

Have a look round the forum, in particular all the stikkies in the Payment Protection Forum :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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from 1998 it will be worth £1000's

no you dont - long as you know what you paid and when.

 

they wont have that data anyhow i bet now.

 

if they cancelled it, that mght cut the amount short

 

however, if they cancelled it,...did your PCM then go down?

should have

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks for the reply - unsure what PCM means?

 

so - long story short do I need to SAR them? or just go ahead and try to make a claim?

 

don't have a record of what was paid and when, just the agreed amount and date on the original credit agreement

 

This is going to be a steep learning curve for me as I have others i'd like to chase, looks like i'll be up late tonight reading as much as I can!!

 

i'll be back .............

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Per Calander Month Payment

 

not much to read really its not diff

all you need is the data of WHEN you paid each month and WHAT you paid

[you obv missed payments so would not have paid PPI that month]

or

[you paid less than the monthly so paid less PPI]

 

imho

 

i would do this:

 

forget they cancelled it

forget you missed paymnt

 

just put in a claim as if you paid the PPI PCM every month

 

let them work it out

that you paid short & they also cancelled it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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This first spreadsheet is the latest version of the statutory interestlink3.gif calculator and is used for Single Premium PPIlink3.gif cases. It can also be used where rollover PPI is involved, i.e. a new loan re-financing a previous one and where PPI is included in one or more loans.

 

StatIntSheet v101.xls

 

 

fill this in for every month [£23.71]

 

till its expected end date [48mts]

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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OK - downloaded the spreadsheet. I read the wiki tutorial, then read it again, and then again. I'm confused. Is there a real simple "hold your hand" guide to this process anywhere? I found my start date, so do I just calculate 48months from then? Do I then add the 8% to the final total?

 

23.71 x 48=1138.08 + 8%

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no read what i said in post 7

 

your enter the date for EVERY MONTHLY PAYMENT [the 48mts from start date]

then 'ppi payment' [the same thing - copy n paste] in every row of the next col.

then the amount for each moth [23.71 ] [the same thing - copy n paste] in every row of the 3rd col.

 

thats all you have to do

 

the spready does the rest.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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right then - did the spreadsheet and came up with a figure. When I send in the letter do I include a copy of the spreadsheet as proof of my calculations? Do I also let them know I have a copy of the original agreement or keep it quiet to use if they become difficult?

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two more bit of paperwork first

fill this in:

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

and write a SIMPLE BRIEF covering letter

 

give me my money back!!

 

the FOS CQ covers the reasons WHY you want it back

 

post all 3 recorded to A+L

 

FOS CQ + SOC + covering letter

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

have recently sent santander a SAR re. my old a&l account

 

I used the template which specifically requests proof of history/document destruction signed by the officer responsible etc. and their reply has left me confused;

 

"we would like to advise that historical information can only be retained for legitimate reasons, so some data may no longer be held as it has been deleted in line with our data retention policy. We can confirm that we have sent you whatever personal data we still hold in relation to the above customers account"

 

I have received nothing at all from them, as well as no confirmation of destruction including the methods used as requested - am I being fobbed off?

 

They also state they have fully complied with my request by;

"providing all the personal data we hold for the respective mortgage account and is that which you are entitled to under the data protection act"

 

I have to point out at this stage that I have never had a mortgage, with ANY lender, so would appreciate advice as how to proceed. They still have 10 days of the 40 left, and have cashed my cheque for the £10 fee

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  • 6 months later...

sent santander SAR in august and no reply within time limit even though they cashed the cheque. Eventual reply was delay tactics claiming I needed to identify myself. Resubmitted SAR again no reply within time limit. Eventual reply was along lines of "old account, you are asking for too far back, we are not obliged to keep records beyond 6 years so yours have been destroyed"

 

sent PPI claim and reply yesterday was rejection (which i am going to fight, will create seperate thread) but along with their reply were copy statements of my loan account - which they should have sent me when I sent in a SAR which they claim they don't have in the original SAR response.

 

I'm sick of these twisting ba$tard$ and their delay tactics, runarounds and obvious lies. What can i do now? I have already sent complaint to ICO but short of court action and a whole lot of heartache that this would create is there anything else I can do?

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Can i jump in here. I too have done the same as u and also got nothing back. Am interested in the advice u get

sorry i cant offer any. I have sent many letters to chase this. Even had a text message saying they had dealt withy request but recieved nothing.

Please add to my reputation....

SUCCESS - Capital One PPI, Three Mobile charges, Orange Mobile charges, MBNA PPI

Wonga, Lowell, MMF 2 accounts, Provident x 3 Accounts, (ALL Unable to provide CCA)

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They are supposed to keep records for 5/7 years AFTER the financial relationship has ended.

 

You could ask to see a certificate of destruction!

 

So they, cashed your cheque - failed to respond to SAR - then when you chased them up they ask you to prove your identity ? They are supposed to ask for any further information in a timely manner. So I reckon you might want to either have a look at BCOBs and see if there is anything there you can use - links in my signature - highlighted in Green.

 

Or you can make a complaint to the Information Commissioner.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Your responsibilities and obligations to data protection

 

The above link takes you to the guide for business on how they are to deal with DPA requests.

 

 

 

 

Guide to data protection – definitions, principles and practical examples

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You could ask to see a certificate of destruction!.

 

I already did in my SAR - got the usual "we have provided everything you are entitled to under the act" etc and a statement claiming destruction but no evidence

 

UPDATE:

 

spoke to FOS on phone today, they seemed very interested in my case but in the first instance advised me to write to them again pointing out the fact that I have evidence of PPI on the account, as well as a succesful claim on the PPI itself. I suppose at the moment it's my only option, as the FOS will probably take over 12 months to investigate if I hand it off to them.

 

I have read somewhere on the web that if I do instigate FOS then santander will get charged a referral fee in the region of 850quid? If this is the case then surely it's in their best interest to pay me off and make me go away now?

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I already did in my SAR - got the usual "we have provided everything you are entitled to under the act" etc and a statement claiming destruction but no evidence

 

UPDATE:

 

spoke to FOS on phone today, they seemed very interested in my case but in the first instance advised me to write to them again pointing out the fact that I have evidence of PPI on the account, as well as a succesful claim on the PPI itself. I suppose at the moment it's my only option, as the FOS will probably take over 12 months to investigate if I hand it off to them.

 

I have read somewhere on the web that if I do instigate FOS then santander will get charged a referral fee in the region of 850quid? If this is the case then surely it's in their best interest to pay me off and make me go away now?

 

Yes, this is correct there is an investigation fee charged to the banks. I don't think they give a damn if they are charged or not - they will no doubt write it off to expenses !!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...

UPDATE:

 

sent santander a letter outlining my argument and pointing out the errors in their response, "strongly advising" them to look at my claim again. Also mentioned their breach of the DPA and my complaint to the ICO.

 

Got a response in which they apologised profusely for errors made on their behalf, made me an offer of settlement over and above what I was claiming AND a further payment as a goodwill gesture

 

what a result - got to get my other claims moving now as this was my "test case" to see if I could do it

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Well done, I will mark your thread title as a success :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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alliance & leicester loan from 1997

 

sent in a SAR to which they replied by saying it was a historic account, they had destroyed my info and that, bluntly, I would get nothing as I had been sent everything I was entitled to

 

submitted PPI claim with copy of original credit agreement (I throw very little away) showing breakdown of monthly payments including PPI. Their reply stated that my accounts showed no PPI attached, and they included a statement showing all my payments. GOTCHA - you previously told me you had destroyed all my data? wrote them again, strongly suggesting they reconsider their position as I had written evidence

 

a:to the contrary

 

and

 

b:of them lying to me in my SAR response

 

also told them I was making official complaint to ICO in respect of breach of DPA 1998, the OFT, the banking ombudsman and also handing off my claim to the FOS for which they (now santander) would be liable for a £850 referral fee

 

got reply back - profuse apologies, offer of settlement £300 over and above what I originally claimed and a £25 goodwill gesture payment as an apology

 

result

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Excellent.

 

As this was your "test" case, I would hope the others go more smoothly.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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