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'thegfb vs NatWest - PPI' ***Refunded ***


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Hi, bit of a long story but here goes:

 

I have a couple of current accounts and a credit card with NatWest.

 

I have a personal loan with NatWest too, and when I took it out the PPI was not explained to me at all, the amount I needed was discussed then the adviser just tapped it in and out came a bit of paper with a sum total which I was told included the loan insurance. I was not told that it was not necessary or that I was not obliged to accept it.

 

The complication is that this current loan (which I got in Jan 2008) is the third from NatWest; the two previous ones (Oct 2003 and Sept 2004) used to pay each other off for increasing amounts of money. On both of these previous occasions, it was not explained to me that I did not have to accept the PPI and I just assumed there and then that it was necessary. I was in a bad way after finishing Uni with credit cards etc and I know I should have been more responsible, but I don't think my previous bad management of finances should count against me when I feel have been conned.

 

If I am to proceed with a misselling case, do I need to start three separate requests, or would it be effectively one?

 

Thanks for any help :(

Edited by thegfb

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

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if the a/c' no.s are diff then yes

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok thanks dx, to be honest I don't know the previous account numbers (if they are different), I might have the paperwork somewhere. I do have the agreement for the current loan still I will check when I get home from work.

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

Link to post
Share on other sites

Hello the gfb,

 

Ok thanks dx, to be honest I don't know the previous account numbers (if they are different), I might have the paperwork somewhere. I do have the agreement for the current loan still I will check when I get home from work.

 

If you do not have the previous loan credit agreements you can start by submitting a Subject Access Request with the statutory fee of £10.00 and request all the data applicable to you as a subject including full details on loans, credit agreements, terms and conditions and anything else you consider relevant. The SAR is a good way to get the information together before you claim mis-sold PPI. The multiple roll over loans with PPI added was also applicable for me and I actually got money back off seven loans back to 1997.

 

Have a look through this and you will pick up more information on the way forward......links

 

This is a template for the SAR just edit to suit your own needs

 

http://www.consumerforums.com/resour...ebt-a-dca.html

 

Good luck

  • Haha 1

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Thank you loads alanalana, there is so much info here I almost don't know where to begin looking! :)

 

Do you have a link to the SAR template that works? It seems the parsed URL is giving a 404 error. Thanks again.

Edited by thegfb

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

Link to post
Share on other sites

Thank you loads alanalana, there is so much info here I almost don't know where to begin looking! :-)

 

Take your time, it's best to get things right. It takes a while but if you have a good case for mis-selling (Most folks do) then you can be looking at claiming back your ppi on all of your accounts.

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Share on other sites

Thanks. Basically, the long and short is that when I took out the first loan in 2003 I was told verbally that I had to accept the PPI otherwise the loan would not be given. At my two subsequent visits to the bank, I assumed it was mandatory and did not query it. The two subsequent advisers did not say that it was not mandatory either.

 

Maybe jumping ahead a bit here, but what really concerns me is that unless I had tape recorded my conversations with the sales people at each meeting, it basically boils down to my word against that of the bank :(

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

Link to post
Share on other sites

Thanks. Basically, the long and short is that when I took out the first loan in 2003 I was told verbally (I guess they have no information on this :confused: or did they record this conversation? doubtful, but if they did, do they still have the recordings and if they do they should release them to you or at least transcripts of the recordings under your SAR if you have the dates times of the meetings it would help), that I had to accept the PPI otherwise the loan would not be given. Mis-selling At my two subsequent visits to the bank, I assumed it was mandatory and did not query it. The two subsequent advisers did not say that it was not mandatory either.

 

Maybe jumping ahead a bit here, but what really concerns me is that unless I had tape recorded my conversations with the sales people at each meeting, it basically boils down to my word against that of the bank :Cry:

 

The onus is on the bank to prove the sale of the PPI met your needs so they should have completed a customer duty of care questionnaire or a customer needs and wants questionnaire and this should be retained with all the other information on the loan.

 

Hence the need for the SAR so you can request this questionnaire to see if they have fully complied with the requirements at the point of sale. It is for you to claim mis-selling and them to prove it was not. If the questionnaire is missing or any other data such as the CCA, terms and conditions etc then they have the problem, Not you;)

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Share on other sites

SAR sent, let's see what happens now.

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

Link to post
Share on other sites

Ok, in the mean time I have decided to cancel the PPI on my NatWest loan. I worked out that is nearly £50 per month!! :(

 

If I write to them and request this, could anything I say jeopardise any future reclaims for previous PPI payments on this loan and its predecessors that were the initial loan and an intermediate top up?

 

Considering they only received my SAR today, I feel it might be a long time before I actually make my initial written reclaim request to them and want to keep my cards close to my chest right now ;)

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

Link to post
Share on other sites

Bump... anyone? ???

 

I could start saving some money soon if I cancel, but don't want to anything to go against me at a later date if the FOS or courts become involved.

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

Link to post
Share on other sites

Ok, in the mean time I have decided to cancel the PPI on my NatWest loan. I worked out that is nearly £50 per month!! :Cry:

 

If I write to them and request this, could anything I say jeopardise any future reclaims for previous PPI payments on this loan and its predecessors that were the initial loan and an intermediate top up?

 

Considering they only received my Subject Access Request today, I feel it might be a long time before I actually make my initial written reclaim request to them and want to keep my cards close to my chest right now :wink:

 

I started a claim for my PPI after I had cancelled but having gone through the FOS route to claim mis-selling the FOS actually wrote to me saying that as I had claimed mis-selling I should cancel any remaining ppi on current policies. having cancelled already it was not a problem. I would advise you though depending on your employer and income to make sure you have cover there a lot of cheaper options out there other than through the lender and this has now been ruled upon by the Competition Commission. Do not just cancel and leave yourself open to having to repay a loan without the means to do it:eek:

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

Link to post
Share on other sites

I started a claim for my PPI after I had cancelled but having gone through the FOS route to claim mis-selling the FOS actually wrote to me saying that as I had claimed mis-selling I should cancel any remaining ppi on current policies. having cancelled already it was not a problem. I would advise you though depending on your employer and income to make sure you have cover there a lot of cheaper options out there other than through the lender and this has now been ruled upon by the Competition Commission. Do not just cancel and leave yourself open to having to repay a loan without the means to do it:eek:

 

aa

 

This is what I'm going to do then, though it looks like they make it difficult :rolleyes: (I'm not bothered about the replacement PPI yet because I have enough savings to cover payments for a long time should I be made redundant etc, and the money I save from not paying the PPI will just inflate that pot)

 

I'm a bit weary of them trying to say I need to initiate a new credit agreement etc in order to take the PPI off and being obstructive. Especially since I've just been offered a job that is still subject to a credit check, and don't want unnecessary searches on my file :x

 

Thanks for your advice alanalana :)

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

Link to post
Share on other sites

I'm going to write today, giving the 30 days notice that policy booklet says.

 

A couple more questions if I might ask:

 

1) When asking for a cancellation, do I ask for any refund as well as a reduction in premiums? (I have made 14 monthly payments of a 48 month term loan so far)

2) Should I demand that the monthly premiums be reduced to the amount shown on the agreement document, as paid without the PPI?

3) One last thing - I looked through the paperwork today (that was given to me after the point of sale) and it says in a pro forma letter that my loan insurance certificate is enclosed, but there's not one. Just a policy booklet with a load of rules (again I emphasise, I was only given this booklet and the chance to read it after the point of sale). Is this sneaky tactics on Natwest's part?

 

Thanks again :D

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

Link to post
Share on other sites

Here is my cancellation letter I have drafted, pretty basic. If you would change anything, or if you think it is good please say :D

 

 

 

My address

 

 

 

2nd April 2009

 

Local bank branch address

 

 

Dear Sir or Madam,

 

Agreement number: xxxxxxxxxxxxxx

 

I am writing to give you the 30 days written notice required to cancel the Personal Loan Protector Insurance which applies to the personal loan referred to under the above agreement number.

 

I request a fair proportion refund of premiums already paid, and a reduction of my monthly premium direct debit repayment to £2xx.xx. This is equal to my current monthly total repayment of £3xx.xx minus the monthly repayment of £5x.xx which is for the insurance loan.

I await your response in writing to confirm that my lawful request has been carried out.

Yours faithfully,

 

 

Mr thegfb

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

Link to post
Share on other sites

They may kick off and say you cannot cancel but if that happens just say you have sent off a SAR with a view to claiming mis-sold PPI and you will eventually be submitting a claim to the FOS or reclaiming through the courts. If that happens the FOS would advise you to cancel any existing PPI agreement before settlement.

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

Link to post
Share on other sites

Ok thanks will send the letter and see what happens ;)

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

Link to post
Share on other sites

  • 3 weeks later...

Natwest have responded to my SAR request, but not everything is there.

 

They have provided me with the CCA and Needs/wants questionnaire for my latest loan (which I have incidentally just settled). I was surprised to see the needs/wants questionnaire, as I had no memory of completing it with them, but it was my signature and a date on it. It does state the PPI was optional, but I was still under the impression that the insurance was required to get the credit and also was not told I could get it from elsewhere.

 

They have not provided me with the CCA or any other paperwork for the two previous loans which were part of the whole 'top up', depsite me making it clear in my SAR letter that I wanted details of ALL loans with them.

 

Should I write back ask for the relevant paperwork for the two previous credit agreements to be sent, and remind them that they have not fully complied with my SAR request so far?

 

Advice is very appreciated :)

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

Link to post
Share on other sites

NatWest have responded to my Subject Access Request request, but not everything is there.

 

They have provided me with the CCA and Needs/wants questionnaire for my latest loan (which I have incidentally just settled). I was surprised to see the needs/wants questionnaire, as I had no memory of completing it with them, but it was my signature and a date on it. It does state the PPI was optional, but I was still under the impression that the insurance was required to get the credit and also was not told I could get it from elsewhere.

 

They have not provided me with the CCA or any other paperwork for the two previous loans which were part of the whole 'top up', depsite me making it clear in my Subject Access Request letter that I wanted details of ALL loans with them.

 

Should I write back ask for the relevant paperwork for the two previous credit agreements to be sent, and remind them that they have not fully complied with my Subject Access Request request so far? Yes absolutely and I would point out that a SAR requires them to supply all data they hold and not just the information on the most recent loan.You can put your own timescale on this 14 days I would suggest and inform them failure to comply will result in a formal complaint to the Information Commissioners Office who can insist they provide everything.

 

Advice is very appreciated :-)

 

I had very much the same trouble with RBS I got the ICO involved and was still receiving new paperwork after they had settled through the FOS.:D

 

There is a link to my nightmare at the bottom of my signature information.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

Link to post
Share on other sites

Hi aa, thanks for your advice.

 

I have the agreement number still for the loan before this one, but neither the agreement nor account number for the first. If I can't supply them with these, do they still have the right to refuse to send me any data?

 

Also, is it still reasonable to hit them with a non-compliance letter and stipulate a deadline even if they are still within the 40 days allowance?

Edited by thegfb

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

Link to post
Share on other sites

I have the agreement number still for the loan before this one, but neither the agreement nor account number for the first. If I can't supply them with these, do they still have the right to refuse to send me any data? (No. if they have the data they must disclose it to you. If you paid your loan payments by Direct Debit from a current account held with them then the information on the loan should be available from your statements which they should have or you may have.This should enable them to identify the loan details)

Also, is it still reasonable to hit them with a non-compliance letter and stipulate a deadline even if they are still within the 40 days allowance? (Again No. The have the 40 days as it is a statute within the Data Protection Act 1998 so you should wait until the 40 days are up before non compliance and the ICO).

 

There is nothing to stop you from sending regular reminders to insist they give you all the data on all loans you have had with them, during the 40 days but whether this will get results is anyones guess.

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

Link to post
Share on other sites

Ok, thanks this is what I sent back:

 

My address

 

 

Their address

 

 

20th April 2009

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam,

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 31st March 2009. The disclosure of personal data is incomplete on the basis that my request clearly asked for the relevant information for ALL loans, payment protection insurance and other products, not just with regard to agreement number xxxxxxxxxxxxxxxxxxx. The Subject Access Request requires you to supply all data that you hold, not just the most recent.

 

There are a further two loans which I require the complete information for as outlined in my request. To assist you in fulfilling my request, the credit agreements between NatWest Bank Plc and I were made in September/October 2003 and September 2004 approximately.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 23 days in which to comply (40 days from original request plus 2 days allowance for postage). Failure to comply will result in a formal complaint to the Information Commissioners Office.

 

 

Yours faithfully

 

 

 

thegfb

 

Waiting game again now :grin:

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

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  • 3 weeks later...

NatWest have replied to me today.

 

The letter states that with regard to the two loans that I asked for further information on, on the first one they cannot locate the loan agreement and have sent only a schedule. This is a single A4 sheet with the account number and sort code, loan amount, dates to/from, period, interest, paymenrt per month, insurance premium, charge for credit and total payable.

 

With regard to the other loan (the middle, chronologically) they have sent a copy of the application form which I completed in the bank and a copy of the credit agreement.

 

The letter gives me some patronising talk about 'relevant filing system' and how the DPA doesn't apply to information stored outside of this.

 

It then goes on to say that since I requested the Consumer Credit Agreements, they are not held by the bank in a relevant filing system and as such I am not entitled to them under the DPA.

 

Can anyone advise, sounds like they are getting a bit twitchy?

 

Thanks :D

Edited by thegfb

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

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NatWest have replied to me today.

 

The letter states that with regard to the two loans that I asked for further information on, on the first one they cannot locate the loan agreement and have sent only a schedule. (First they can't find it) This is a single A4 sheet with the account number and sort code, loan amount, dates to/from, period, interest, paymenrt per month, insurance premium, charge for credit and total payable.

 

With regard to the other loan (the middle, chronologically) they have sent a copy of the application form which I completed in the bank and a copy of the credit agreement.

 

The letter gives me some patronising talk about 'relevant filing system' and how the Data Protection Act doesn't apply to information stored outside of this.

 

It then goes on to say that since I requested the Consumer Credit Agreements, they are not held by the bank in a relevant filing system and as such I am not entitled to them under the Data Protection Act. (Then theydon' have to. They are talking abosulute rubbish and a lot of banks have changed tactics to try and delay further of cover the fact they do not have the Consumer Credit Agreements)

 

As they have not produced true copies of your CCAs you could actually put the accounts into dispute but you will need to seek more assistance in other threads. Try this one Debt Collection Industry

 

Can anyone advise, sounds like they are getting a bit twitchy?

 

Thanks :grin:

 

Have a look at these links from the ICO.

 

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/what_is_data_for_the_purposes_of_the_dpa.pdf

 

From the Information Commissioners Office

Ensuring Personal Data is handled correctly - Data Protection Act

 

And these from the CAG site.

 

CCAs on Microfiche

 

Barclaycard & Microfiche - they are wrong - OFFICIAL

 

You should write complaining your SAR has information missing template letter is here...Data Protection Act - Non-Compliance - Template Letters

 

and also complain to the Information Commissioners Officer link and information here...

 

For the Information Commissioners office. (this is an option if the DSAR is not complied with)

http://www.ico.gov.uk/upload/documen...ess_rights.pdf

 

Information Commissioner's Office - Information Commissioners Office

 

http://www.ico.gov.uk/upload/documen...lain_final.pdf

 

Complaints - Information Commissioners Office

 

Keep at them if they still do not come up with what you want I would still bang in a claim for mis-sold PPI.

 

This is a copy of my complaint to the ICO..

 

Submission of a Very Serious Formal Complaint against the Royal Bank of Scotland

 

Despite several further requests for the information as required by my S.A.R - (Subject Access Request), none has been forthcoming.

 

Letters have been sent on:

24 January 2008

16 February 2008

12 March 2008

28 March 2008

2 April 2008

12 April 2008

12 April 2008 Request for CCA under provision of Consumer Credit Act 1974

19 April 2008

 

I have still not received Consumer Credit Agreements with associated paperwork on four of the loans. Because of the inordinate delays, the information requested on the first loan which was refinanced in March 2002 would be of no use as any claim against that loan would now be statute barred within the Scottish Courts.

I have not received data in the name of recordings of telephone conversations or transcripts of those conversations between the RBS and myself.

I have not received copies of emails or letters which I know exist.

I have also not received any properly certified documentation by Data Controllers within the RBS stating the information that I have requested has been disposed of, destroyed or erased.

 

The Royal Bank of Scotland is a member of the British Bankers Association (BBA), is licensed by the Financial Services Authority and should I believe, operate within the Law of the Land and therefore respond within the statutory timescales within Legal Acts at Law, namely the Data Protection Act 1998.

 

I have, when asked, provided information to the RBS, but it seems to me now, that they will try and delay supplying the data requested by using whatever delaying tactics they see fit. On one occasion referring me back to DLFS for the information I had requested. The fact that the DLFS had been legally transferred back to the RBS on 1 March 2006 (the transfer included all DLFS loans) was obviously overlooked by the Data Protection staff within the RBS.

This is indeed an extremely sorry state of affairs and it beggars belief that RBS staff would not be aware this Legal transfer had taken place.

 

My understanding is that the RBS had 40 days to fully supply all the information requested in my Subject Access Request, this has most certainly not happened.

 

I would therefore like to request that each addressee takes the appropriate measures to instruct or at least direct the RBS to supply this information to me as a matter of urgency.

 

I have a complaint lodged with the Information Commissioners Office Case Reference xxxxxx

I would now urge the Commissioner to consider an Enforcement notice against the RBS under Section 40 of the Data Protection Act.

I would also request that the Financial Services Authority, the Financial Ombudsman Service, the Office of Fair Trading and the British Bankers Association add this extremely serious complaint to their files on the Royal Bank of Scotland.

 

Yours sincerely

 

hope this helps

 

The ICO upheld my complaint please check out the post mentioned in my thread in my signature box at the bottom of this post.

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Hi :)

 

Ok, well firstly now all of the accounts are actually settled (the last loan was paid off about one month ago). From the information supplied, I can calculate the total PPI that I think I am owed over the three loans, so would you say I go ahead with my complaint over missold PPI, and not wait to lodge my complaint with ICO? Do I actually need to see the CCA to make a complaint about missold PPI?

 

Since you have experience with this, do you think I ought to send three separate PPI misselling complaint letters or make it into one?

 

You are right in that NatWest still haven't fully complied with my DSAR because I asked for copies of all transactions and statements, and none have been forthcoming.

 

PS - I know we are only May now, but the original loan was taken out in early October 2003. This means in about 5 months it will be 6 years since the credit agreement was made :(

Edited by thegfb

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

------------------------------------------------

Thanks for all your advice so far :D

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