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Everything posted by fmc001

  1. Just wanted to update and summarise my thread. Had a credit card with RBS from 1994 until 1996. I had all my old statements but did not have the CCA and submitted a claim to RBS for misold PPI. RBS refused point blank as my claim was more than 6 years old. Submitted a claim to FOS approximately 5 months ago. Today I received a phone call from FOS with an offer for a refund of all PPI premiums + 8% interest. I accepted the offer. Thanks to everyone for their help. FMC
  2. Hi I am in the process of trying to claim back credit card charges on behalf of my 70 year old father. I have tried writing on numerous occasions only to be given refusal after refusal. The bank in question is RBS. I have got to the stage that I am severly pi$$ed off at being given the run around. I am now wanting to take them to court. The total sum of money including charges, contractual interest and court interest would amount to approx £2500. I have been doing a bit of research and am in the process of drawing up a POC. I am looking to take them to a local court in Scotland however a couple of points I was looking to clarify were: 1) If I go to court can I represent my father instead of him having to attend court? If I can do this how do I notify the court? 2) Some of the charges in question relate back to the year 2000. If I was to attempt to claim them in court would I be relying on Sec 32 of the Limitations Act (1980) or the Prescriptions and Limitations (Scotland) Act 1973. Any opinions, help or advice would be gratefully accepted. FMC001
  3. I was hoping someone might be able to help me calculate a PPI refund on a bank loan that was settled early. The loan details are as follows: Loan Amount £1500.00 PPI Insurance £ 171.00 Total Credit £1671.00 Charge for Credit £385.80 Total Amount Payable £2056.80 Repayable by 24 payments of £85.70 made up of Loan Repayment £76.93 and PPI Repayment £8.77 APR = 22.9% The following payments were made (5 in total) 01/05/1996 £85.70 01/06/1996 £85.70 01/07/1996 £85.70 01/08/1996 £85.70 01/09/1996 £85.70 A lump sum to clear the loan was paid on the 30/09/1996 of £1344.33 As far as I am aware no refund of PPI was made even though the loan was settled early.
  4. I am about to start a claim for refund of Credit Card charges from RBS. Some of the charges on the account date back until 2002. I have noticed other CAG members have been successful claiming back charges over the 6 year limit and reference is often made to Section 32 of the Limitations Act. Bearing in mind I am based in Scotland would I be able to quote the Limitations Act for charges over 6 years or would I make reference to the Prescriptions and Limitations Act when trying to claim back older charges. FMC
  5. whizzkid001 I had a Credit Card with Lloyds back in 2003 for approx 1 year (0% Balance transfer card) I submitted a SAR to Lloyds in May this year for a copy of the CCA and Statements. It took 3 months of trying, including 4 letters of complaint and a phone call, but I got a copy of the original CCA and all statements dating from June 2003 till August 2004. Unfortunately it turned out there was no PPI applied to the account. I know it is only 1 extra year but it does prove they hold records going back more than 6 years. The number I contacted was 0845 070 7124. This is the number for Lloyds DSAR Team. Best of luck FMC
  6. Any advice on what to do next after RBS refused my claim for misold PPI???
  7. Just received a reply from RBS in relation to my PPI reclaim for my credit card. They state "that as a gesture of goodwill, and without any admission of liability the banks usual procedure would be to refund all of the premiums you have paid towards the policy over the past 6 years to date. However, as no payments have been made within this period, no refund is due." They also state "I am satisfied that you would have been provided with full information about the policy, how it works and the significant policy exclusions and conditions which would have allowed you to make an informed decision to take it out." Now the period that I was trying to claim for goes back to 1994 until 1996. The card was closed in 1997. I did have original copies of statements for this period. However I do not have a copy of the credit card agreement. I can't even remember when the application was completed but how can they be so sure that all the information and policy exclusions were explained unless they have records proving so?? Any advice as to what to do next?? FMC
  8. Hi Just a quick update with regards to my ongoing struggle trying to get information under SAR from RBS. My original SAR was sent off in March this year. In reply I received a standard fob off letter stating that as my loans, current accounts and credit cards had all been closed for more than 6 years they did not hold any information and that it had been destroyed. Following advice from members of this forum I kept pressing RBS for proof that my records had been destroyed. This resulted in a game of letter tennis between myself and the bank over the past 5 months. Low and behold after almost 6 months, and contrary to what they had stated in all previos correspondence I received bank statements dating back to 1995 (account opening 15 years ago) and a loan agreement dating back to 1999 (11 years ago). Unfortunately they have not provided any credit card statements so looks like as a last resort I will be heading to court. However the purpose of this update is to inform people not to believe what the banks tell you. They will do anything to try and throw you. If banks tell you that they do not hold records keep pressing them and go on and claim what is rightfully yours. FMC
  9. Hi I just want to double check that I have got my calculations correct when it comes to seeking a refund of PPI premiums on my credit card. If I have a PPI charge of £8 dating from 19/09/2000 with a contractual rate of interest of 29% the interest alone equals £98.04 and the total ie original charge + contractual interest equals £106.04. The above calculation would be performed for each monthly PPI payment from 2000 till the last PPI charge. However my question is around the 8% statutory or court interest. I know this is calculated as simple interest however should it be 8% from date of payment of the £8 (original sum) or 8% from date of payment for the total figure ie £106.04 (original sum + contractual interest) Any advice would be much appreciated. FMC
  10. IdaInFife Thanks very much for the advice. I have been waiting and waiting for the banks to send info. I have a final deadline for this weekend and if no further info is supplied I am going to bite the bullet and submit a court claim for non compliance. Nothing ventured nothing gained!!! Cheers FMC
  11. Thanks for your reply Maroondevo. I have completed Form 1 Small Claims Summons. This is the first time I have had to do this. If anyone has the opportunity can they cast a quick glance over my form and let me know if there are any obvious issues. My main concern was claiming damages. Can this be done at the same time as seeking an order for compliance? http://i975.photobucket.com/albums/ae234/fmc001/SAR%20Claim/CAGVersion_Page_1-1.jpg http://i975.photobucket.com/albums/ae234/fmc001/SAR%20Claim/CAGVersion_Page_2.jpg http://i975.photobucket.com/albums/ae234/fmc001/SAR%20Claim/CAGVersion_Page_3.jpg http://i975.photobucket.com/albums/ae234/fmc001/SAR%20Claim/CAGVersion_Page_4.jpg http://i975.photobucket.com/albums/ae234/fmc001/SAR%20Claim/CAGVersion_Page_5.jpg http://i975.photobucket.com/albums/ae234/fmc001/SAR%20Claim/CAGVersion_Page_6.jpg http://i975.photobucket.com/albums/ae234/fmc001/SAR%20Claim/CAGVersion_Page_7.jpg Cheers FMC
  12. I am in the process of trying to reclaim PPI and Credit Card charges from various banks. So in March this year I sent off SAR's to 8 diffrent banks. Some complied in full immediately providing information going back 10 years. Others have been less forthcoming and I am still trying to get information from them. I have now decided that enough is enough and I am considering issuing court proceedings to try and gain an order to force compliance and also for costs. As far as beginning court proceedings in Scotland can anyone point me in the right direction. I have looked on the PPI boards but all the instances of court proceedings seem to be for the County Courts in England. Any help or advice would be very much appreciated. FMC
  13. Hi Guys I am currently in the process of trying to get information relating to my MSDW account that was taken over by Barclaycard. So far I have had very little success. Can anyone tell me if they have been successful in getting information over 6 years old? Cheers FMC
  14. Today in the post I received two "copy statements" from Barclaycard for my old MSDW card. The two statements were dated 07/08/2004 and 08/09/2004. However the statements do not state any interest rates or transactions and were, I believe created manually. Again Barclaycard state this is all the information they hold on the account. Has anyone else received information back from Barclaycard for old MSDW accounts, and if so was the information provided in a proper format and also how far back did the information go? Thanks FMC
  15. Guess30 A lot of the Banks and financial organisations will say they only hold records for 6 years when you submit a SAR. From personal experience I have submitted SAR's to about 8 organisations. Most of them use the line "we only have records going back six years". However I have managed to get records going back 15 years from one and excess of 10 years from others. However be prepared for them to mess you about. I have been trying to get all my loan and account information before submitting a claim for PPI and it has taken me over 5 months just to get the information. Do not give up and keep at them. Do not take NO for an answer. As for a time limit for claiming. It is 6 years from when you became aware that you were misold. So if you only realised recently you were misold that is fne. I was recently successfull with a claim on a loan I took out in 1997 and finished paying in 2001. Don't let them use this either to try and put you off. Best of luck. FMC
  16. Stress A SAR entitles you to all personal information. There is no prescribed time limit however a lot of organisations will claim they only hold data going back 6 years. If you took the loan out in 2005 they should still have the data. Write back to them and tell them they have not suppied all the requested info giving them a further 14 days to respond. FMC
  17. Mendel This is a very interesting point that you have raised. I am in a position where I am about to reclaim PPI for Bank Loans dating back to 1992. However over this period (1992 - 2002) I incurred about £1300 of charges. Using the theory above "put you back in the position you would have been in if PPI not applied" I think that is reason enough to reclaim your charges. However I think it will depend upon the wording of the letter if you are successful in reclaiming PPI. Best of luck and if possible let us know how you get on !!! FMC
  18. Flowerchild I have just checked my records and I received my original agreement and copies of all statements from MBNA dating back to 2003. I recieved this information at the first time of asking ie only one SAR letter, although disappointingly for myself I had no PPI applied to this account. This proves MBNA hold records more than 6 years in age. RBS were a total diffrent kettle of fish. I had Loans, Credit Cards and Current Accounts dating back to 1992. My original SAR was returned and they stated "As my acounts have been closed for over 6 years all records have been deleted". However after 6 months of trying and letters to the ICO's office, yesterday I received all my Current Account statements back to 1995 and Loans back to 1997. I still have not received my Credit Card statements but that is next on the agenda. Write back to the organisations and remind them that a SAR is not limited to 6 years of information. You have paid your £10 fee and are entitled to ALL personal information. Do not give this up. FMC
  19. From personal experience you can get data back further than six years providing you keep at them. In the space of the last six months I have sent 7 or 8 SAR's with very mixed results. Foe example I had Loans, Credit Cards and Current Accounts with RBS dating back to 1992. Initially they denied all knowledge as the accounts have been closed for over six years. However I have been badgering them since February this year, informed the ICO of Non Compliance of SAR, and only yesterday got details of Loans and Current Account statements dating back to 1995. Abbey National, Northern Rock and Cahoot have provided all information dating back to 1997, 1998 and 2001 respectively. You have got to be prepared that they will try to put you off however keep at them and do not give up. Banks DO keep information older than 6 years. FMC
  20. Flowerchild I am currently in the process of trying to obtain data from my SAR's from about 6 different Banks going back to 1992. I started in February this year with diffrent levels of success. For some I have had statements back to 1995 others only 6 years. What Bank are you dealing with?
  21. I am in the process of putting together a letter to RBS to claim back PPI on bank loans dating back to 1992. I tried to SAR them but of course the bank played the 6 year card trick. I have since managed to retrieve copies of my old Credit Agreements. One of the issues I was looking to add to my complaint letter was that the Credit Agreement was a Multiple Agreement. Can anyone confirm if the attached is a Multiple Agreement? FMC Agreement 1.pdf
  22. Thank you very much for your replies. I haver taken your advice Slick and sent a letter informing them they are responsible for MS archived data. If they cannot provide this can they inform me where I can get it from. I will let you know how I get on. FMC
  23. Hi Guys I had a Morgan Stanley Credit Card from approx 2000 until approx 2005. I sent a SAR to MS which was forwarded on to Barclaycard. I did not know that the accounts had been transferred over. BC in turn informed me that my account was not migrated over from MS to BC. I am pretty desperate to get my hands on these statements as I know I paid a lot of PPI during this period. Can anyone offer any advice on how to progress with this?
  24. Whilst I am waiting on the ICO sorting out the remainder of my SAR I have decided to submit one of my claims to RBS for one of my credit card accounts. Dear Sir/Madam, It has recently come to my attention that the above credit card, that I had with your company, had payment protection insurance premiums and subsequent interest applied to it. The payment protection insurance was applied to the credit card by your Company, without providing me any option of agreement to or refusal of these insurances. Your Company just applied them. I am now fully aware of the outcome of the investigations conducted by the Office of Fair Trading and the Financial Services Authority into the vast mis-selling of payment protection insurances, by financial companies, such as yourselves. The PPI policy mentioned which were applied by you I now believe were mis-sold for the following reasons: Not aware the cover was sold to me: This is due to the fact that I was not given the correct information when the policy was added to my credit card, as having looked at the paperwork for my credit card I now realise that I have been paying for insurance that I did not know I had taken out so could not have been explained to me. Alternative insurance cover: My employer had a generous illness package which would cover a period of sickness as follows: 6 months full pay followed by 6 months half pay. I would also be entitled to a generous redundancy package and a substantial payment would be made in the event of my death in service (more than suffice to clear the balance of the Credit Card). True cost of PPI not explained: No explanation was forthcoming on any occasion on the full extent of PPI policies. There was also no explanation that the cost of the PPI premium would be added to the total balance and subsequently interest added. Widespread PPI mis-selling: I was made aware of the widespread mis-selling of PPI by some financial institutions, following recent media coverage and recent OFT and FSA investigations regarding the mis-selling of PPI. I am also aware that the question of PPI cover is the subject of an ongoing inquiry by the Competition Commissioner. Wholly inappropriate PPI selling bonuses: I understand that some employees are paid higher bonuses if they get prospective creditors to take out PPI with credit cards. How can the best interests of the customer possibly be met, if there is a clear conflict of interest between your responsibilities to me, and the drive of your employees to sell Payment Protection Insurance whether it is suitable or not in order to receive bonuses? Unless you can satisfactorily justify to me that the policy was fair and reasonable I am requesting a full refund of all premiums, and subsequent contractual interest on these payments payable in restitution, that I have paid to date. As I believe I have been deprived of this money I also expect 8% statutory interest, the amount a court would award, to be added to each payment made. I look forward to a full and prompt response to this letter and for the matter to be concluded within eight weeks or I shall be contacting the Financial Ombudsman to investigate my complaint. The claim dates from 1994 - 1996. I have copies of all the original statements so fingers crossed. FMC
  25. Scanner I have attached the spreadsheet that I used to calculate my refund for a previos loan (from 1997). It was accurate to about 15 pence when compared to the figure offered by the bank. I have quickly completed it with the figures you supplied. All the formulas will be available in the spreadsheet. Download this, print it off, and send it with your claim. FMC Scanner Loan.xls
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