Claiming back "PPI" from Vanquis

[lord_tiger_putin]

I made a number of PPI claims but I only do that when I can calculate the complete redress as stated by the FOS:

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi/redress.html

 

I made a SAR to Vanquis a while ago so that I can have the statements and Credit Agreement (some companies issued PPI even when I didn't tick the box). They responded with an incomplete response. After been left on the back burner for a couple on months I decided to phone them and asked why they didn't send all the information. Their response:

 

"They do not have to provide me with the signed copy of the Credit Agreement (or any copy) when making a SAR, the only time they have to provide a signed copy of the agreement is when they take you to court"

 

I disagree, a credit Agreement is personal data and the signed copy is personal data of me they are holding. Can somebody shed some light on it?

 

"They do not have to provide statements, they can provide copy statements on request and this cost £5 per statement according to the credit agreement."

 

I believe statements is not personal data but the printouts they provided me with only contains very limited information about the history of the account, not nearly enough to even calculate the PPI premiums. All other CC provided statements and I do not see why I have to pay that much information regarding the history of the account. Any ideas?

 

"I can claim the PPI (Repayment Option Plan as they call it, still PPI) and they will investigate it by listening to the recording of the phone conversation when it was sold. If I am unhappy with their decision I can request a copy of the recording."

 

Well, isn't such a recording personal information? If I can request it after the complaint, certainly they have to send it with a SAR? Anyone can comment on it? I need that information to be able to proper construct my complaint and not to make statements that could be untrue because I could not remember the details.

[dj1971]

Tiger,

 

I believe you are correct and entitled to a copy of your agreement and all other information they hold about you including all statements, when you submit a SAR.

 

As I see it you now have two choices:

 

1) Write back to Vanquis and remind them of their obligation to provide the requested information. In my personal opinion, a complete waste of time.

 

2) Contact the Information Comissioners Office, asking them to investigate your complaint and force Vanquis to provide the information.

 

Might be worth calling the ICO first and enquire about what they advise.

 

Website is http://www.ico.gov.uk/

 

Good luck

 

DJ

[lord_tiger_putin]

Tiger,

 

I believe you are correct and entitled to a copy of your agreement and all other information they hold about you including all statements, when you submit a SAR.

 

As I see it you now have two choices:

 

1) Write back to Vanquis and remind them of their obligation to provide the requested information. In my personal opinion, a complete waste of time.

 

2) Contact the Information Comissioners Office, asking them to investigate your complaint and force Vanquis to provide the information.

 

Might be worth calling the ICO first and enquire about what they advise.

 

Website is http://www.ico.gov.uk/

 

Good luck

 

DJ

 

I agree with your assessment but the main thing for me is time. I was thinking of phoning the ICO today and see what they say, unsure whether I will get a traight answer. I think a should make a formal complaint anyway, just to ensure they din't get off the hook.

[dj1971]

In my personal experience Tiger, it is worth giving the ICO a call and discussing your case with them before submitting a formal complaint.

 

They will be in a better position to advise you on the best way forward.

 

DJ

[lord_tiger_putin]

In my personal experience Tiger, it is worth giving the ICO a call and discussing your case with them before submitting a formal complaint.

 

They will be in a better position to advise you on the best way forward.

 

DJ

 

I spoke to them today but the guy didn't sound to be too informed but we discussed the issues and he basically agree with me that the signed credit agreement is personal data. Regarding the issue of statements: They are not personal data but all the transactions on the account are. If they do not provide you with statements then they have to provide the data in another form and sending statements is the easiest. That is the way I see it and he basically agreed. Also the phone conversation is personal data and should be supplied.

 

I did send a letter to Vanquis today, whether it will be a waste of time I will find out. The impression that I received when speaking to them is similar when I had discussions about account redressing after a PPI refund with other cc companies. The banks created protocols how this should be done and the people you speak to just follow these protocols, they cannot do anything outside of it and they do not have the power, therefore you have to speak or communicate with someone much higher up the food chain.

 

I made this fact clear in the letter that someone senior should deal with it, whether that will work is any ones guest. I did tried a trick in the letter though. I spelled it out to them in the letter the reasons why I require the info and it is to claim back the "PPI" and that I need the info to calculate the proper account redress. I tried it to good effect before and maybe they will start the PPI complaint and I will get the recording, should they decline it then by that time I will probably have everything I need and can then start the claim again or refer it to the FOS, but with the correct info to my disposal. I can built my case around what has been said in the sales conversation. They cannot ask why didn't I said the things in the original claim because I didn't made a claim.

 

I will wait and see what come of it.