hi all was going to compose a letter to hamptons/lowell that i got friday on reading it properly its was dated 12 feb and i had to reply by the 18th but due to their sending it second class post i never received it till the 20th so that was a pointless communication was it not. Is this an attempt to make themselves look good in the eyes of the court if it gets that far? I have kept the envelope. Ta. AL

willo Adapt this to suit send this keep receipts for postal order and send registered post. Your address Their Address Date DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST Dear Sir/Madam Your name: xxxxxx Account No/ No’s I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization: -Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same. - A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization. -Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information. -Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me. - Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data. -Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations. I enclose a cheque in the sum of £10 to cover your fee. IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION. I look forward to hearing from you in the first instance of receipt. Yours faithfully Your name Sign your signature and put a line through it so you will know if you see it again:o You never know They have 40days to comply under the Data Protection Act, but do be nice and allow some time for postage. Which should always be by recorded delivery, so you can prove that they did receive it. have fun AL ___________

i think this is it Press releases 2006 Following success on credit card default charges - OFT turns attention to bank current accounts 130/06 7 September 2006 In response to the OFT's statement of principles on the calculation of credit card default charges, credit card issuers have agreed to reduce their default charges - the majority by almost half. In April, the OFT stated that credit card default charges had been generally set at a significantly higher level than was considered fair and set a £12 threshold for OFT intervention unless there were exceptional business factors. Many card issuers have stated that they do not agree with the OFT's view of the law and that they believe that their default charges were fair but, in view of the reduction in charges across the market, the OFT is satisfied that no further intervention is warranted in this area at this time and that this change has brought about substantial benefits for consumers. The April statement also indicated that the OFT considers that the broad principles in relation to default charges are likely to be relevant to other standard agreements with consumers such as those for bank current accounts. The responses received from the banking industry have generally challenged this belief but the OFT remains of the view that the broad principles do read across to the retail banking area and has decided to undertake further work on the application of these principles to bank current accounts. In the course of this work the OFT will liaise closely with the Financial Services Authority (FSA) and hold discussions with the British Bankers' Association (BBA) to ensure that distinctive features of retail banking and the circumstances in which default charges are applied are identified and taken into account. The OFT has also been made aware of concerns about the personal current account market in Northern Ireland by the General Consumer Council (GCC) and will consider its report as part of this exercise. This fact-finding exercise is expected to take between three to six months, at which stage the OFT will consider whether a further detailed investigation of the fairness of individual bank default charges is needed. John Fingleton, Chief Executive of the OFT said: 'The reduction of default charges on credit cards is great news for consumers. By taking an innovative approach to this issue, the OFT has brought about a significant change in one area of the financial services sector. We are now extending that work to inform ourselves about account default charges. We welcome the willingness of organisations such as the BBA to work with us in looking at the application of the principles we set out in the April to this area.' NOTES 1. More information on the OFT's statement of principles in relation to credit card default charges can be found on press release 68/06. 2. The OFT will be working closely with the FSA and the BBA during the course of this study. 3. A fair credit card default charge should not exceed a reasonable estimate of certain limited administrative costs which the credit card issuer reasonably expects to incur as a result of default. 4. The OFT is not proposing that credit card default charges should be equivalent to the threshold, and a court will certainly not consider that such a charge is fair just because it is below the threshold. Where there are exceptional business factors, so that the presumption that a credit card default charge over £12 is unfair is not applicable, this does not necessarily mean that the current level of the charge is consistent with the OFT's interpretation of the requirements of unfair contract terms legislation. But for example, where a card issuer has a policy of requiring customers to pay minimum monthly repayments by direct debits, such as that operated by Egg, and offers credit cards only to customers that satisfy a relatively high scoring requirement it may be able to set a fair default charge at a level above the threshold. 5. Whilst the principles applicable to credit card default charges are applicable to bank account default charges, the threshold figure of £12 is not. The OFT will not consider whether a further detailed investigation of the fairness or level of individual bank default charges is needed, or what solution might be required, until the end of this fact finding exercise. 6. The OFT has published a short guide for consumers and consumer advice agencies setting out the principles on which credit card default charges should be calculated. Download Calculating fair default charges in credit card contracts (pdf 203 kb). Download guide for consumers (pdf 64 kb).

Im pretty sure it was implemented mid 2006 as i was claiming back bank charges at the time i will try to dig out the date tomorrow for you. AL

Hi debt Use this and adapt it to your needs. Hello, There have been a few request for S.A.R - (Subject Access Request) templates on the forum lately. This is the one that I have sent, specifically asking for all information and this included ppi. You have to literally spell it out for them, because this is the information they really don't want you to have. Best to send a £10 postal order with it for the fee payable under the Data Protection Act Your address Their Address Date DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST Dear Sir/Madam Your name: xxxxxx Account No/ No’s I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization: -Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same. - A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization. -Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information. -Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me. - Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data. -Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations. I enclose a cheque in the sum of £10 to cover your fee. IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION. I look forward to hearing from you in the first instance of receipt. Yours faithfully Your name Sign your signature and put a line through it so you will know if you see it again You never know They have 40days to comply under the Data Protection Act, but do be nice and allow some time for postage. Which should always be by recorded delivery, so you can prove that they did receive it. And while your waiting for the reply read up on the threads in this forum it will help you no end. _________

hi PF is this of any use Newsroom Press releases 2006 Current credit card default charges unfair OFT sets threshold for intervention 68/06 5 April 2006 Credit card default charges (see note 1) have generally been set at a significantly higher level than is legally fair, said the OFT today. The OFT estimates that across the industry this has led to unlawful penalty charges currently in excess of £300 million a year. Download Calculating fair default charges in credit card contracts (203 kb). Download guide for consumers (64 kb). The OFT now expects all credit card issuers to recalculate their default charges in line with the principles set out in a statement published today and to take urgent action where needed to reduce the level of credit card default fees. The industry has until 31 May to respond to the statement. These principles also apply to default charges in other consumer contracts such as those for bank overdrafts, store cards and mortgages. Where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge unless there are limited, exceptional business factors in play. A default charge is not fair simply because it is below £12. Setting a threshold for intervention is a pragmatic pro-consumer action that is designed to give the industry the opportunity to change its practice without litigation. It is supported by detailed guidance to the industry as to how to reduce the likelihood of public enforcement (see note 2). A default charge should only be used to recover certain limited administrative costs. These may include postage and stationery costs and staff costs and also a proportionate share of the costs of maintaining premises and IT systems necessary to deal with defaults (see note 3). Exceptional business factors which may affect the level of a fair charge may include policies to prevent casual defaults as operated by issuers such as Egg (see note 4). Only a court can finally decide whether a charge is unfair or not. The OFT has today set out a statement of its view of the law. This has not generally been accepted by most of the eight credit card issuers. John Fingleton, OFT Chief Executive, said: 'Our statement of principles provides practical guidance to banks which increases their incentives to compete vigorously while protecting consumers from being charged unfair amounts. Our threshold approach is a spur to changes in market practice. We expect credit card issuers to adjust their default fee levels quickly. We have not ruled out future legal action if the market does not respond positively.' NOTES 1. These are charges in standard credit card contracts for a failure to pay a minimum payment on the due date, exceeding a credit limit or a failure to honour a payment made. 2. This reflects the OFT's duty to target its resources on serious consumer detriment as a priority over cases involving less harm to consumers. Card issuers are required to confirm their response to the OFT statement by 31 May 2006. 3. A fair default charge should not exceed a reasonable estimate of certain limited administrative costs which the credit card issuer reasonably expects to incur as a result of default. 4. The OFT is not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold. Where there are exceptional business factors, so that the presumption that a default charge over £12 is unfair is not applicable, this does not necessarily mean that the current level of the default charge is consistent with the OFT's interpretation of the requirements of unfair contract terms legislation. But for example, where a card issuer has a policy of requiring customers to pay minimum monthly repayments by direct debits, such as that operated by Egg, and offers credit cards only to customers that satisfy a relatively high scoring requirement it may be able to set a fair default fee at a level above the threshold. 5. The OFT has published a short guide for consumers and consumer advice agencies setting out the principles on which default charges should be calculated. This can be downloaded above. Back to: 2006

Hi Mark The banks feel they are above the law judging by some of the things they do If you remove your personal details on the DN and post up here, we can see which cereal packet back they got your one off hopefully. AL

If you do not recieve a response from your SAR you should make a complaint to the Information Commisionars Office. I do not believe that by sending a SAR is putting the account into dispute, it is asking for information for you to to check the account is and its agreements are in order, if they are not then thats the time to put the account into dispute. Go with the SAR and see what comes back.

Hi sam Well done for help sis in law. Def send SAR include £10 postal order and send it recorded so you can track it (keep the reciepts safe) Just adapt SAR to suit. Your address Their Address Date DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST Dear Sir/Madam Your name: xxxxxx Account No/ No’s I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization: -Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same. - A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization. -Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information. -Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me. - Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data. -Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations. I enclose a cheque in the sum of £10 to cover your fee. IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION. I look forward to hearing from you in the first instance of receipt. Yours faithfully Your name Sign your signature and put a line through it so you will know if you see it again You never know They have 40days to comply under the Data Protection Act, but do be nice and allow some time for postage. Which should always be by recorded delivery, so you can prove that they did receive it. AL

Slavka I would send an SAR you will need a £10 postal order and send it registered post so you can track when they recieved it. Adapt this to your needs. Your address Their Address Date DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST Dear Sir/Madam Your name: xxxxxx Account No/ No’s I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization: -Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same. - A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization. -Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information. -Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me. - Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data. -Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations. I enclose a cheque in the sum of £10 to cover your fee. IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION. I look forward to hearing from you in the first instance of receipt. Yours faithfully Your name Sign your signature and put a line through it so you will know if you see it again You never know They have 40days to comply under the Data Protection Act, but do be nice and allow some time for postage. Which should always be by recorded delivery, so you can prove that they did receive it. While wating for there reply read through this forum about PPI reclaiming it will give you an insight into the way some of these companies work, (or not in some cases). AL

Hi ya Send now registered post so you can track when they recieved it. AL And dont forget to aknowledge the claim. And re your letter to mnba the ' after 30 days he commits an offence ' no long stands, so remove it. But they are still in default and only a court can enforce the agreement, thats if they have the original of course, which they would have to show to the judge.

Hi HH Great news .shame they dont all cave in as quick. Well thats another ***won*** for your sig. AL

Hi EL I would send them a SAR it will cost you a £10 postal order and send it special delivery so you have proof of delivery (Keep the reciepts from the above) Amend this to suit your own requirements, also remember this takes 40 days + post delivery times. The info you recieve should then enable you to see how much their penalty charges are (so you can claim them back if excessive) and over info they hold on you. I think they should have sent you a statement of account each year for your records. Your address Their Address Date DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST Dear Sir/Madam Your name: xxxxxx Account No/ No’s I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization: -Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same. - A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization. -Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information. -Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me. - Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data. -Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations. I enclose a cheque in the sum of £10 to cover your fee. IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION. I look forward to hearing from you in the first instance of receipt. Yours faithfully Your name Sign your signature and put a line through it so you will know if you see it again:o You never know They have 40days to comply under the Data Protection Act, but do be nice and allow some time for postage. Which should always be by recorded delivery, so you can prove that they did receive it. AL

Hi All Quick update, no news from court re set aside have phoned them but they have a massive backlog of cases. On a brighter note Hampots have sent me a nice letter offering to reduce the amount alledgedly owed by about £1600 leaving £800 approx for full and final settlement. Do you think since i sent them a CCA request (and pointing out that the request i sent Cap 1 over 2 years ago is still unfullfilled) they may be getting cold feet and are now clutching at straws trying to recoup anything they can. AL.

Thanks Pompey you have put a big on my face for that bit of info.

Slava Hi You must reove your personal information before posting i have notified a Moderator to remove or alter your post. Just photocopy what youwant to show and delete your name, address ect.... AL.

Lilal i understand what your saying and i am in this for the long run and figured it would take court action to get my money back having read a few threads about GE earlier. So tomorrow i am sending GE a SAR (thanks HHNF) special delivery, to get all the statements ect so i can tot up all the interest they have added, and if i have got this right add 8% and contractual interest, please correct me if i am wrong on the interest bit. AL

Does anybody know who to address the reclaim PPI letter to at GE Money Thanks

Hi Lilal Well Pinnacle were the insurers and GE were the creditors but it was a third party(broker) that issued the loan (thanks HH) so lots of commission flying about no doubt. but Ge issued the loan so im going to bash them, they have taken my money when they should not have. Also the the agreement is flawed it should be a multiple agreement showing the loan and the ppi seperately not all lumped into one agreement. Im going to get my PPI back then im going to Hit them with an unenforcable agreement. AL

hi andie hope your keeping your chin up:D heres ICO website with info about complaints. Public information - Privacy rights, Freedom of Information Act - ICO That didnt work Try this http://www.ICO.gov.uk AL

Did you send SAR to their registered office addressed to the data controller, just that dropping it in at a branch their liable to just bin the letter and credit your account with a tenner. Your must remember most ppl that work for these money grabbers go though a lengthy training course in how to ignore customers requests and generally be a pain in the ar$e. Sorry if you have done all this ,the only way for a sure response is to complain to the Information Commissioner who should kick their butt. Al

Hi Andie Well done on keeping the fax printout and the royal receipts. If you did a SAR and have not had a reply after 40 days you should inform the Information Commissioners Office for their breach of the act (did you include a £10 postal order)? Also go to your doctors and get them to give you a copy of you medical history (another fee involved sorry) I think you are entitled to it under the freedom of information act (i will check for you and get back later with a link) You may have to issue them with a SAR. Keep it safe for the judge to see. What you need from them is the terms and conditions of the policy. Sign up to photobucket.com its free, and post their defense on here (providing you have a scanner). Just remember to remove any personal details. AL

Hi HH Thanks for the links will read up on them. I did phone the insurance company today spoke to a very helpful girl who informed me that as i was retired the policy should never had been sold to me as you can see on GE's copy of the agreement they have me down as semi-retired http://i684.photobucket.com/albums/vv205/bernardlivesley/doc1.jpg?t=1234099509 Except on my customer copy i have something entirely different:eek: some scull-duggery is afoot maybe. Just out of interest there appear to be several differences between my customer copy and a GE CCa request copy AL.

Hi Andie It would be helpful i think if you posted your POC,s up so PPL can see exactly what they are trying to defend. Also i believe that the court should send you a copy of their (Welcome) defense ring them and ask for it (the court that is). I think but not 100% that you can change you claim but it will cost you £75. As i say i am not sure about this but someone should be along soon to clarify this. AL

Also if you havent already read this to see if it provides any help. http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/61081-ppi-some-notes-claimants.html