First Plus PPI mis-sold??

[pubman1]

Please note that we have produced all relevant information in accordance with the ICO's Guidance note: "Determining what information is 'data' for the purposes of the DPA"

Certain documentation which you request in your letter does not contain the personal data and is therefore not disclosable pursuant to the Data Protection Act. Moreover, we would not disclose to customers, underwriting sheets or details of commissions as this information is commercially sensitive[quote]

 

 

But what does the above mean? What have I requested that is not disclosable?

Edited March 30, 2009 by pubman1

[pubman1]

Interstingly their letter says that they paid the full amount of the PPI loan to the insurers. Would be interesting to find out how much of the loan they actually paid to the insurer. Another reason for mis selling if they did not pass on the full amount. I have looked at the T&C's and they also say that they pay the full amount to the insurer.

[alanalana]

hello pubman,

 

underwriting sheets or details of commissions as this information is commercially sensitive

This is what worries them as the commissions paid will undoubtedly not match what you have paid ie you pay loads and the commissions to any broker or underwriter will be Much less IMO.

Interstingly their letter says that they paid the full amount of the PPI loan to the insurers. (keep the letter it could be useful if you end up taking them to court) Would be interesting to find out how much of the loan they actually paid to the insurer. Another reason for mis selling if they did not pass on the full amount. (you have to believe it and this element of PPI has them a tad worried I woud suggest) I have looked at the T&C's and they also say that they pay the full amount to the insurer.

 

If you have a look at other threads first plus have been using brokers that are now in liquidation. That shouts out to me that they will use the small firms who will snap up the business to stay in business, pay them a little of the insurance premiums stumped up by the consumer and pocket the rest. Allegedly that is.

 

Keep on with the fight Pinknico will keep you on the right track:grin:

 

aa

[pubman1]

Just realised having looked at another thread - I don't think they have sent any kind of demands and needs questions in the SAR either - despite refering to them in their final response. At work now but will check later.

[pubman1]

Hi, been a bit quiet of late but update time.

They seem to have seperated my letters out into two "threads" within First+. I am writing to Customer Relations on the PPI mis-sold front and Operations team on the SAR front. So I have written back to Customer relations asking for the copies of the calls that they allege they listened to and have had a reply with a load of stuff about do I want the calls encrypted or "risk" having a CD sent un-encrypted - just let them know and they'll be happy to send me the information.

 

But then I had a letter from the Operations Team dated 4 days later saying that unless I provide them with the exact time and date of the calls I want they will not send them due to "the manner in which the sound data is held". They also say that this is in accordance with the "requirements set out in section 7(3)of the DPA which sets a requirement to provide such additional 'location' information"

 

 

So I have replied to the first letter that a CD will be fine - they'll send it recorded delivery. What shall I do about the second one? I don't want them to get away with not fulfilling the SAR.

 

I have also requested that they put a hold on any further action while the FOS investigate - is this likely to hold them up on repossession? And what would a judge say if they did go to court and then found out that there was an outstanding complaint on the account with the FOS?

[alanalana]

Hello pubman,

Hi, been a bit quiet of late but update time.

They seem to have seperated my letters out into two "threads" within First+. I am writing to Customer Relations on the PPI mis-sold front and Operations team on the SAR front. So I have written back to Customer relations asking for the copies of the calls that they allege they listened to and have had a reply with a load of stuff about do I want the calls encrypted or "risk" having a CD sent un-encrypted - just let them know and they'll be happy to send me the information. If they send them encrypted would you be able to unencrypt to get the data?

 

But then I had a letter from the Operations Team dated 4 days later saying that unless I provide them with the exact time and date of the calls I want they will not send them due to "the manner in which the sound data is held". They also say that this is in accordance with the "requirements set out in section 7(3)of the DPA which sets a requirement to provide such additional 'location' information" The location is their branch or data controller. (I had the same trouble with RBS asked for all calls and they then said we do not record every call. I got no details of any calls by asking for them all they probably thought better than to send the lot due to what was recorded. The term plausible denyablity springs to mind.)

They obviously have the calls from the fact they are asking if you want them encrypted or risk. I would suggest a response of, I require copies of ALL calls that you have on CD.

 

So I have replied to the first letter that a CD will be fine - they'll send it recorded delivery. What shall I do about the second one? I don't want them to get away with not fulfilling the SAR. (as above ask for all calls in your name, account detail, telephone number etc)

 

I have also requested that they put a hold on any further action while the FOS investigate - is this likely to hold them up on repossession? And what would a judge say if they did go to court and then found out that there was an outstanding complaint on the account with the FOS?

 

You will need to pose this question in the legal/debt forums on the site

 

have a look in here for more assistance

 

Debt Collection Industry

 

Legal Issues

 

Repossessions

 

hope this helps;)

 

aa

[pubman1]

Thanks,

It was mentioned earlier in this thread that F+ used brokers for their insurance which have since gone into liquidation. I cannot see any mention of a broker in the SAR data. Would this be something that they can hold back as "company sensitive information"?

[alanalana]

Thanks,

It was mentioned earlier in this thread that F+ used brokers for their insurance which have since gone into liquidation. I cannot see any mention of a broker in the Subject Access Request data. Would this be something that they can hold back as "company sensitive information"?

 

I do not believe they can withhold data if it has any reference to you as a data subject. IMO the claim should be with F+ as they will have arranged the loan and the PPI.

[Bog]

Just picked up on this thread - sorry to hear of your probs with F+! What a load of tosh about the CD and the way the data is stored, and knowing the exact dates/time (thats there problem). They sent me without any fuss an audio cassette with all the calls on! Sounds to me the are getting lots of claims and are increasing the stalling tactics!

[boolee]

Hi all!! I'm new to the consumer action group forum.

It's all fascinating stuff!

 

I Hope someone on here can help me out or give me some advice. we recently made a claim against First Plus for a mis-sold PPI.

 

We used the company ''PPI Rebate'' to make the claim on our behalf and were successful in being made an offer of just under £3000. Although First plus denying miss-selling anything!

 

The trouble is, ''PPI Rebate' has now ceased trading, they say due to the current financial climate.

 

I was still expecting a cheque from First Plus but did not recieve any, To cut a long story short, They say that they won't be sending a cheque but the money will be taken off the remaining balance of the loan.

 

Is there any way i can make them pay the claim back to me as cash and not as a payment off the loan ?

[alanalana]

hello boolee,

 

can you first read the rules on posting please read this...

 

Forum Rules - Please read before posting

 

You should also start your own thread to save a lot of confusion. That way you have your own personal thread and do not get mixed up with another cagger with various posts and replies.

 

To start your own thread click this

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=111

 

put in a suitable title and go for it;)

[papadak]

Hi did F+ cough up in the end?

 

 

Hi, been a bit quiet of late but update time.

They seem to have seperated my letters out into two "threads" within First+. I am writing to Customer Relations on the PPI mis-sold front and Operations team on the SAR front. So I have written back to Customer relations asking for the copies of the calls that they allege they listened to and have had a reply with a load of stuff about do I want the calls encrypted or "risk" having a CD sent un-encrypted - just let them know and they'll be happy to send me the information.

 

But then I had a letter from the Operations Team dated 4 days later saying that unless I provide them with the exact time and date of the calls I want they will not send them due to "the manner in which the sound data is held". They also say that this is in accordance with the "requirements set out in section 7(3)of the DPA which sets a requirement to provide such additional 'location' information"

 

 

So I have replied to the first letter that a CD will be fine - they'll send it recorded delivery. What shall I do about the second one? I don't want them to get away with not fulfilling the SAR.

 

I have also requested that they put a hold on any further action while the FOS investigate - is this likely to hold them up on repossession? And what would a judge say if they did go to court and then found out that there was an outstanding complaint on the account with the FOS?