AA Financial services ppi claim-centrica personal finance.

[clarkywrx]

Hi all,I'm new to all this and need as much information and help as possible.

 

I believe I may have a claim against the PPI that I had on a few loans with AA financial services over the last 10 years. The problem I have at the moment is that the AA have sent me a copy of my credit agreements from 2002 onwards but I took out a loan in 1998 with PPI. They have told me that as this loan was taken out over 6 years ago,they don't have to keep any details relating to it and therefore can't send me anything to show how much I borrowed and how much PPI was charged.

 

I believe with the loan I took out in 1998 that I was charged a few thousand pounds PPI. After 18 months or so,I topped up the loan and believe I was charged another few thousand pounds PPI. As I don't have the credit agreement for this loan,is there anything I can do with regards to claiming back PPI ?

 

I have my credit agreement from 2002 which states the following:

 

Advance: £9000

AA creditcare standard: £2367.00

Amount of credit: £11367.00

Total charge for credit: £2275.08

Total amount payable: £13642.08

 

I've been told that as I was employed on an hourly rate when taking out the PPI then the policy was mis-sold to me,is this true ?

 

Also,somewhere through the policy I started in 2002 I cancelled the PPI as it was becoming common knowledge that it was a waste of money. I can't remember the date that I did this and have no paperwork from the AA to detail any of the changes to the agreement.

 

Sorry for the drawn out first post but I would really appreciate any help or advice with what I can do from here(if anything) !

[adamski]

Hi all,I'm new to all this and need as much information and help as possible.

 

I believe I may have a claim against the PPI that I had on a few loans with AA financial services over the last 10 years. The problem I have at the moment is that the AA have sent me a copy of my credit agreements from 2002 onwards but I took out a loan in 1998 with PPI. They have told me that as this loan was taken out over 6 years ago,they don't have to keep any details relating to it and therefore can't send me anything to show how much I borrowed and how much PPI was charged. Then they can't prove you asked or needed the PPI or that it was misold they should refund on this basis.

I believe with the loan I took out in 1998 that I was charged a few thousand pounds PPI. After 18 months or so,I topped up the loan and believe I was charged another few thousand pounds PPI. As I don't have the credit agreement for this loan,is there anything I can do with regards to claiming back PPI ? Are you still paying for this loan? i.e. did you top up the loan from 1998 with the loan from 2002?

 

I have my credit agreement from 2002 which states the following:

 

Advance: £9000

AA creditcare standard: £2367.00

Amount of credit: £11367.00

Total charge for credit: £2275.08

Total amount payable: £13642.08

 

I've been told that as I was employed on an hourly rate when taking out the PPI then the policy was mis-sold to me,is this true ? NO only if you were self employed

 

Also,somewhere through the policy I started in 2002 I cancelled the PPI as it was becoming common knowledge that it was a waste of money. I can't remember the date that I did this and have no paperwork from the AA to detail any of the changes to the agreement. Sounds like it is a single premium policy meaning you have paid for it all if it was a top up loan or a consolidation loan they should have refunded it to the new loan or given you a refund if you paid it off early the FSA have siad that they should refund you.

 

Sorry for the drawn out first post but I would really appreciate any help or advice with what I can do from here(if anything) !

 

Let me know what you think of what I have said I will try to help if I can.

[clarkywrx]

adamski - Thanks for the reply.

 

Where do I start lol ! Regarding the first part about them not having details for the 1998 loan - how can I put in a claim with them as I don't know the amount they charged me for PPI without the paperwork ?

 

The 2002 loan was a top up from the 1998 loan,they took an amount from the 2002 loan to finish the 1998 loan,as I don't have any paperwork detailing all of the figures i'm unsure exactly what I was charged but am fairly sure I have been charged too much with the PPI.

 

Where do I go from here ?

[adamski]

I think as it goes back more than 6 years you may struggle to get any info out them even with a SAR request which this site advocates that you should always do when claiming.

 

I personally would maybe on this occasion try a SAR request as it is a top up loan so they should keep the paper work for the whole deal if you understand my meaning or just write to them with the 1998 account number and the 2002 account number and just request a refund with out giving any figures, they do know how much it was believe me.

[clarkywrx]

I think as it goes back more than 6 years you may struggle to get any info out them even with a S.A.R - (Subject Access Request) request which this site advocates that you should always do when claiming.

 

I personally would maybe on this occasion try a SAR request as it is a top up loan so they should keep the paper work for the whole deal if you understand my meaning or just write to them with the 1998 account number and the 2002 account number and just request a refund with out giving any figures, they do know how much it was believe me.

 

 

Ok I will look into that and give it a try. I do not have the 1998 account number but do have the 2002 account number and a copy of the credit agreement.

[adamski]

Ok I will look into that and give it a try. I do not have the 1998 account number but do have the 2002 account number and a copy of the credit agreement.

 

Ring up their customer services and ask for the account number.

[clarkywrx]

Ring up their customer services and ask for the account number.

 

Tried that earlier this evening as I requested last week that they send me all details held on my loans dating back to 1998 and in the post today the documents arrived starting from 2002.

 

When I spoke to them earlier,they told me that they do not hold information over 6 years and therefore cannot send me or tell me any details regarding the 1998 loan !

[adamski]

get the address for their compliance department or complaints department and request a refund i can give you a rough template that you can adjust to suit.

[clarkywrx]

get the address for their compliance department or complaints department and request a refund i can give you a rough template that you can adjust to suit.

 

Yeh that would be great if you could do that please.

 

So,would I be right in thinking that I can claim the 1998 and 2002 loan PPI back because it was a single premium policy where the whole amount is charged at the start of the agreement ?

[adamski]

Yes if you have paid off the loan early you should get some sort of refund, depending on if you can prove the PPI was not suitable for you.

[adamski]

Dear Sir,

Re: Account numbers:

I purchased the above policy from you in but now believe that I was mis-sold this policy for the following:

This is due to the fact that your member of staff did not ask me about any previous medical conditions I informed your member of staff that I had previous medical conditions but they did not inform me of the effect this could have on the insurance when the policy was sold.

I do not believe that my policy was sold in my best interests.

This is also due to the fact that I was not given the correct information when the policy was sold to me,

• your salesperson stated / implied that taking out the policy would assist my credit application.
  
• your salesperson was very pushy in selling me the policy so that I felt I could not say no.
  
• your salesperson did not tell me that the policy was optional and I have since realised that I have alternative insurance cover.
  
• your salesperson stated / implied that taking out the policy was essential for me to get the associated credit even though I informed them that I already had alternative insurance cover.
  
• i am concerned the sales assistant that sold me the policy has no financial background and the policy was not sold in my best interests.
  

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 interest on these payments, 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.

Yours faithfully,

 

It is quite important that you adapt this letter to suit you and you ask for the missing account number they do have it they are trying to fob you off as they will many times during this process

[clarkywrx]

Before I ask any other questions,can I not just claim the money back on the basis that it was a single premium policy ?

 

The 1998 loan was such a long time ago that I cannot remember exactly what was said to me over the phone,I believe I was told that I had to have the insurance policy as had I lost my employment I would not have been able to make the monthly payments,but i'm really not 100% sure !

[adamski]

You can use that argument why not! but on saying this the FSA only covered this sort of thing PPI from 2005 but why are they right now but wrong then? that is the question they all must answer

[clarkywrx]

Just an update on my claim. I sent a letter claiming a refund of my PPI using the template that adamski posted up on the 6th September. I received a letter from Bank of Scotland dated 16th September stating the following - " I am sorry to hear of your concerns regarding the insurance applied to your loan. We are keen to deal with your concerns as quickly as possible,however our investigation may take some time. The Financial Services Authority allows us up to eight weeks to investigate complaints and it is our intention to deal with your concerns within this timescale and provide updates where appropriate."

 

They also sent me a leaflet explaining how they deal with Personal Customer Complaints.

 

I received a letter yesterday dated 6th October stating the following -" Further to our letter of 16th September. I'm sorry that you have not yet had a full response to your concerns. We're still investigating your complaint and you will receive a response from us as soon as possible,but certainly no later than 4th November 2008."

 

What do you guys think to these letters ? Are they just standard letters that they send out in these cases ?

 

At least I didn't get a letter telling me I have no claim !

[clarkywrx]

Good news and some bad news Received a letter today from Bank of Scotland stating the following -

 

" I have been unable to locate your previous loan taken out in 1998. If you can provide the loan agreement number and/or policy number I will investigate that for you.

 

As part of my investigation into the sale of your AA creditcare standard policy,I have considered the information available to me.

 

Having done so,and in view of the fact that you are a valued customer,I have decided to pay you an amount which will put you back in the position you would have been in had you not taken the insurance. This is done without admission of liability and in full and final settlement of your complaint about the PPI on your loan.

 

We will contact you again shortly to confirm the exact details of the amount that will be paid to you.

 

It is anticipated this payment will be made within the next month.

 

I trust that this offer has addressed your complaint fully."

 

So,some good and bad news really. Firstly,with regards to the 1998 loan,I do not have the policy/account number and have been unable to obtain it from them. Where do I go from here ?

 

Can I try sending them a S.A.R(Subject access request) or is it too late to do that ?

 

Also,there is no mention of them adding the 8% interest to the policy amount - what do I do if they offer me an amount without the 8% interest ?

[clarkywrx]

Can anyone offer any advice on the situation I am in with the above ?

[clarkywrx]

I've just spoke to AA Financial Services customer relations over the phone and asked them again if they have any details for my loans dating back to 1998 other than the copies of agreements they have sent me from 2002 on.

 

They told me they do not have any details or paperwork dating before 2002 as they aren't legally required to hold onto it. When they asked me why I wanted this information and I told them it was for a PPI claim,they laughed and said I can't claim as it's too long ago !

 

I told them that Bank of Scotland have agreed to repay my PPI but need the old agreement number,the reply I got back to that was basically sort it out with BoS as they will have all of that information !

 

I really need some help with this guys,if I can't obtain the older agreement numbers then I can't claim for the PPI and it's quite a large amount of money !

[alanalana]

Hello clarkywrx,

 

I've just spoke to AA Financial Services customer relations over the phone and asked them again if they have any details for my loans dating back to 1998 other than the copies of agreements they have sent me from 2002 on.

 

They told me they do not have any details or paperwork dating before 2002 as they aren't legally required to hold onto it. When they asked me why I wanted this information and I told them it was for a PPI claim,they laughed and said I can't claim as it's too long ago !

 

I told them that Bank of Scotland have agreed to repay my PPI but need the old agreement number,the reply I got back to that was basically sort it out with BoS as they will have all of that information !

 

I really need some help with this guys,if I can't obtain the older agreement numbers then I can't claim for the PPI and it's quite a large amount of money !

 

Are any of your loans still active?

 

Because from 1st of October the AA are legally obliged to send you statements this was received in a statement I requested and it is dated 01/10/2008 to 07/10/2008

 

see this copy from my scan.

 

Personal Finance

Figures shown In Italics represent sums that became due during the period and which are included in the

opening balance at the beginning of the statement period.

Due to weekends and Bank Holidays, some transactions may be carried forward to the next annual

statement.

From 1 October 2008 It has been a legal requirement for us to send you statements relating to your credit

agreement.

Your first statement will only show transactions from this date up to when it is sent and may

cover a period of less than twelve months.

Dispute resolution • If you have a problem with your agreement, please try to resolve it with us in the first

instance. If you are not happy with the way in which we handled your complaint or the result, you may be

able to complain to the Financial Ombudsman Service.

If you do not take up your problem with us first you will not be entitled to complain to the Ombudsman.

We can provide details of how to contact the Ombudsman,

Paying less than the agreed sum - If you pay less than your agreed payment in most cases it is likely to

take you longer and may cost you more to pay off the debt under the agreement.

If you have difficulties making payments under your credit agreement, please contact us if you have not

already done so to discuss terms for the rest of the agreement.

You may want to seek advice on what to do from an independent free agency such as the Citizens Advice Bureau.

Settling your credit agreement early - You can settle this agreement at any time by giving us notice in

writing and paying off the amount you owe. If you wish to settle early you should contact us for a final

settlement figure.

Account charges

If you default on your payments we may make the following charges:_______

We may make any reasonable changes to these charges. We will give prior notice of any changes.

Automobile Association Personal Finance Limited. Registered Office: Trinity Road, Halifax, West Yorkshire, HX1 2RG

Registered In England No 1772586. Automobile Association Personal Finance Limited is an appointed representative of Bank of Scotland pic

Registered In Scotland No. SC327000. Registered Office: The Mound, Edinburgh EH11YZ.

Bank of Scotland pic Is authorised and regulated by the Financial Services Authority. FSA registered number Is 169628

Returned cheque

up to £25

Notice of default

up to £30

Written communication requesting

payment

up to £30

Instruction of agency to collect the

balance

up to £50

Telephone call to home or business

up to £10

Instruction to agency to obtain new

address

up to £60

 

I am not sure if this will help but failing all else get what you can from HBOS in statements and go through them in minute detail to see if you can get some information on the statements as to what was paid to AA and when it was paid.

 

aa

 

PS if you still have active accounts make sure you get your regular statements!!!

Edited October 15, 2008 by alanalana
PS added

[clarkywrx]

alanalana,thanks for the reply. None of my loans with them are still active !

I have a copy of my credit report which details all of my loans,start dates,monthly payment amounts and settlement dates. Can I send Bank of Scotland a copy of this ? Will they be able to work out amounts from that credit report ?

[alanalana]

Hello clarkywrx,

 

alanalana,thanks for the reply. None of my loans with them are still active !

I have a copy of my credit report which details all of my loans,start dates,monthly payment amounts and settlement dates. Can I send Bank of Scotland a copy of this ? Will they be able to work out amounts from that credit report ? Today 20:31

 

I am uncertain if they will be able to work out the details of your claim against AA but there would be no reason why you should not ask them for all the statements covering the period of the loan. If they can. You may need to send them a Subject Access Request to get this information £10.00 statutory fee required postal order is best. Once you have the info if they provide it you will then be able to see when payments were made to AA amounts dates etc. Then let us know and take it from there.

 

aa

[clarkywrx]

Ok thanks. I think i'll try and send them a copy of my credit report and see what they say to that.

 

My loans date back nearly 10 years,if I request statements for all these,will they be able to provide them from that long ago ?

 

I will keep posting updates so you can see how i'm getting on

[alanalana]

Hello clarywrx,

 

My loans date back nearly 10 years,if I request statements for all these,will they be able to provide them from that long ago ?

 

 

They will undoubtedly state they do not keep records beyond six years but most banks do I got information from 1997 so the best thing is to stick to the SAR and request every little bit of data they hold on you going back to whenever. If they say they do not have it. Request the full information on when the information was destroyed, by what method, with a full certification by the data protection officer or other certified official and request that the certification documents for destruction are copied to you as the data subject.

 

This at least will cause them a small problem in certifying destroyed data:eek:

 

aa

[clarkywrx]

Ok then,I will look into sending them a S.A.R

 

I will probably need your help again so will post back how i'm getting on

[alanalana]

If I can help you I will if I am unable to then you can be assured others will step in and support:D

 

aa

[clarkywrx]

Ok,thanks for your time