PPI rejected Natwest... HELP!!!!

[alanalana]

hello karenc,

 

and HHNF classic advice as ever:)

 

 

Hi, thank you so much for taking the time to reply. I really do appreciate it.

 

Ok, I have just looked at the letter again as I am now at home, and it says "The policy was provided on a non advice basis. this means no recommendation was made...." WHAT RUBBISH!!!!!!!!!!

 

OK, so I need to a S.A.R - (Subject Access Request) then to get ALL information rather than just a random typed up letter stating what is consisted of? (Yes and see this template....Full S.A.R - (Subject Access Request) for ppi from Hellhasnofury.

 

 

The loan was taken out in May 05, (This was 4 months after the Financial Services Authority ruling on the mis-selling of PPI _ this means you are within the regulations for mis-selling of PPI as ruled by the FSA) for £23,500 over 6 years. The PPI came to £5400 and the interest approx £6000. I was made fully aware of these costs at sale, I wasnt happy with it, but when I am told by a Nat west advisor that I can only get the loan with the £5400 PPI i didnt even question it.(make sure you ask for all the data in your SAR. include all paper, elecronic, CD, Microfisch, film, hard drive, floppy disk etc etc. I didnt expect to be conned by a bank i trusted (at that point!!).

 

18 months after the loan started, I cancelled the PPI. They refunded the unspent PPI back on to the loan no problem, along with interest. This totalled about £2300.

 

Should I send the legal letter and the S.A.R - (Subject Access Request) one together? IMHO yes start the claim now we have had enouh fob offs:eek:

aa

 

thanks again for your help.

[alanalana]

Hello karen,

 

However, yopu should just go straight to the FOS on this one. The argument you will win with there is that 'you were not advised that any refund applied would be disproportionate'. This one never fails as theis little gem of info is hidden in the certificate of insurance which is sent out post sale - FOS do not like this one bit as it is a very salient piece of information and is provided post sale.

as posted by CHF

 

I believe what is said is you were not advised that the ppi REFUND/REBATE on cancellation would in no way meet the cost incurred in taking it out in the first place. Namely you take out PPI masssssssive cose and if you cancel you get very litttttttle back in rebate or refund.That is the way they financial institutions have been making their money and the other downside is the policy would probable not pay out because of exclusions which will most likely not have been explained to you at the point of sale by an advisor:eek:

 

hope this helps your understanding of the meaning RIP OFF;-)

 

aa

[alanalana]

hello karenc,

 

Well there is an update..finally. I get a parcel from NW in ref to my S.A.R - (Subject Access Request) letter and inside is lots of info, but nothing re my loan agreement or PPI. Enclosed was the balance of the loan, showing what has been paid to date, when loan started etc, but the actual loan papers were not included. When I looked on some of the bank notes it shows my requests for loan agreement and the notes say these can not be found.!!! (you could use this to put the loan in dispute and stop making payments until they produce the CCA) Yet they have cashed the chq for £1? (This means they have taken the fee and failed to produce the CCA which they have a legal requirement to do within 14 days. After that they are committing an offence and cannot insist on any further payments until the CCA is produced)

I then notice that I have another letter delivered from NW sending back my £10 chq stating the following:

 

For teh data protection act to apply info which is not stored electronically needs to be held in a certain structured format which is easily accessable. An example of this would be if info was filed in alpha order referring to the name of the customer and then the file itself was broken down into different topics. Info held in such a strcutred format is known as a Relevant Filing System.

 

Part of your Subject Accedss Request, the CCA would not generally be held by the bank in a relevant filing system and as such would fall out with the scope of the Act. This would mean that you would not be entitled to it uner the Data Protection Act. PLease find enclosed your cheque. (In my opinion this is a load of tosh to fob you off If they do not have the CCA you can put the loan into dispute until they produce it!!)

Please see this info and the associated link

For legal issues relating to Data Protection check this link...Lots of very useful info in understandable terms.

Data Protection | OUT-LAW.COM

 

it includes the following and much much more

Negotiating with the Data Subject (This should be important to Banks)

 

At this stage, it is advisable to negotiate with the data subject. The location information the data subject will have already given will give a clue as to what it is the data subject really wants to have information about. The benefit of the Data Protection Act 1998 is that it allows data controllers to negotiate with data subjects to get the data subject to specify the exact information he or she wishes to receive.

 

The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.

 

When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.

 

However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required. (nice to know what you see in the Act is what you get)

All of the above from this link in stickies..links...

also check out my own link...alanalana PPI claim against RBS (looking for some help) please

Posts 27 and 47 may help you:wink:

 

HELP! What does all this mean and what should I do now.

 

I would suggest you write one more letter asking for all the information and tell them if it is not forthcoming you will make a complaint to the Information Commissioners Office about their failure to comply with the relevant legal Statutes within the Consumer credit Act 1974

Is this good news re taking it to the FOS????

 

You can go to FOS or Court if you do FOS first and the complaint is not upheld which will be months ahead due to large (very large) backlog then you have the Court option. If youd do Court first and lose the FOS will most probably not take up your complaint. You have to make the call that suits you:-?

 

good luck:)

 

aa

[alanalana]

Report them to the financial service authority, the office of fair trading and trading standards to start with:grin:

 

Do not miss out the Information Commissioners Office for failure to comply with The Data Protection Act 1998. I wrote one letter and sent it to everyone including the British Bankers Association. It is worth a stamp to get someone to think about replying to you in a nice way:grin:

 

aa

[alanalana]

hello all,

 

this is the link you need as painty put first in the list it is...Data Protection Act complaint that you need ....

 

The Data Protection Act (DPA) 1998, data protection policy - ICO

 

and the complaints page...

 

Complaints - Privacy & electronic communication - ICO

 

hope this helps;)

 

aa

Edited November 12, 2008 by alanalana
link redone

[alanalana]

**

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Hey Painty you keeping tabs on everyone ? We had better watch our step.

(NOT CHEEK)

aa

 

Sorry Karenc for trying to take over your thread must be careful or Painty will be after me:eek:

 

aa

[alanalana]

Hello karenc,

 

I hope the result is the best.

 

aa