@asklloydsbank Starting a Lloyds TSB - PPI Claim ***Claim Successful***

[Hass1235]

Hi,

 

I'm planning to start a Lloyds PPI claim and I would be grateful for any help on process.

I had a personal load from 1998 I think and finally paid off in 2004/2005 through full and final settlement, plus two credit card with them which I finally paid off (the last in March 2011) throught DCA. I have the account no for the loan and the credit card nos. If it's possible I would like to claim back any money since they put me through a lot plus have to wait six years to clean my credit my file.

 

My quetions are:-

1) Can I claim back the PPIs for 3 accounts?

2) Do I send a SAR for the agreement details or claim stating the account details?

3) I found some the letter template but not sure the right one and the correct order

[ims21]

Hi Hass

 

First, what are your grounds for the potential reclaim of ppi?

 

Next, I take it you don't have statements for the credit cards. If you do, have them all, you will not need to SAR them because you will have ll the info on the statements. Also with the cedit cards you might as well go for a claim for the unlawful charges i.e. late fees/overlimit fees.

 

With regard to the loan you will need to SAR to get a copy of the agreement unless you know exactly what the ppi premium was and what the monthly payment for the ppi was.

 

If you can answer these questions we can take it from there.

 

Regards

 

ims

[Hass1235]

Hi Ims21 thank you for the quick reply and help.

 

I can't remember exactly but I believed that I had to sign one to get the loan. I wish I had the statement but no I moved addresses and I can't find them.

 

Thank you I will send the SAR since I don't know the PPI premium.

[ims21]

So are you saying that the ppi was a condition of the loan? i.e. that you wouldn't get the loan if you didn't have the ppi.

 

You need to have valid grounds for a ppi reclaim. "Not sure" or "Can't remember exactly" won't cut it. You need to have a solid arguement that you will stick to.

 

On the other matters, yes get those SARs off and get reclaiming.

 

ims

[Hass1235]

Please Help - LTSB not providing info under SAR

 

I sent the SAR on 22/05/2011 and on 05/07/2011 a etter stating:-

"Unfortunately, we have not yet been able to locate a copy of your signed agreement. We can assure you that before we opened your credit card account we would have required sight of a signed agreement. If you take this matter further, we are confident in our ability to be able to prove this.

 

I am unable to provide a copy of the orginal loan application documents due to the amount of time that has elapsed since inception of this account. Whilst the bank is obliged to hold application documents for a reasonable period of time, i do not feel that it would be realistc for us to have retained these since your account was opened some 13 years ago."

 

With the letter they enclosed only the following documents:-

1) A screen shot of loan amount and date 30/07/1998

2) Monthly transactions of credit debt payments to the DCA (which I paid them off now) start from 2001 to 2010.

 

On 10/07/2011 I sent a chaser letter (LBA - template 2) stating that they didn't comply with the SAR and was incomplete.

 

On Wednesday (20/07/2011) I received the following reply:-

 

"With regards to statements for your loan and credit cards, as stated in my letter dated 5/07/2011, statenebts for loan and credit cards are not available due to retention periods. The information is no longer held.

 

With reference to your personal data held in a digital, magnetic or any other format which is held in any archives, backups or any other storage devices or locations, I can advise that anything we hold that is in a relevant filing system has been provided.

 

The majority of contracts we hold between the bank and our customers are not held in relevant filing systems and are therefore not subject to the right of Subject Access under the Data Protection Act. However, where a copy of a contract is held in a relevant filing system or is held digitally in an automated system it has been provided.

 

Your personal data that is held in computer logs and database records has been provided.

 

Your entitlement under the Act is to your personal data rather than photocopies of all documents. The personal data we hold has been provided. If you are aware that any Emails have been sent within Lloyds TSB Bank PLC regarding you, please let me have information that would enable me to locate such emails, for example the names of staff who you have been in contact with and approximate dates.

 

We have now fulfilled your request for information under section 7 of the Data Protection Act 1998. If you remain unhappy, please contact our Customer Relation department in Birmingam at the following address."

 

It's so confusing and frustrating, I don't know what to do and where to go from here.

[postggj]

when wasthe last payment on the loan

[Hass1235]

Hi postggj

 

I made the last payment on 21/03/2006 as a partial payment as fiull and final payment they offered, because the loan was on default and I was pay monthly payment.

[ims21]

Hi Hass

 

Just thinking outside the box here and I know it is a quite a few years ago but I'm just going to try a Derren Brown approach.

 

Without looking at the screenshot you describe in an earlier post, do you remember the amount you wanted to borrow when you approached them? Please answer without looking at that screenshot.

 

Regards

 

ims

[Hass1235]

Hi ims21

 

Yes it was £7500

[ims21]

OK

 

and this is where it could fall down.....what does the screenshot of the loan say?

 

Regards

 

ims

[Hass1235]

huh, the same I'm confused ims

[ims21]

Hi

 

Bu**er....I was hoping that the screenshot of the advance was going to be more than the figure you approached them for, the difference would have been the ppi premium.

 

What I mean is that you approach them for £7,500. They advance, say £8,000 and then immediatley take out £500. So if the screenshot showed £8,000 and you wanted £7,500, the ppi premium would have been £500.

 

Oh well.

 

Personally, I think they have more information than they have given. With the above I was just trying an easier route to get at a figure which you could made a preliminary claim with and they would have need to disprove it.

 

I'll have a think and post again shortly.

 

Sorry if I confused you....don't worry.

 

Regards

 

ims

Edited July 23, 2011 by ims21

[Hass1235]

Thank you, sorry ims it's not you they just confusing me and I feel frustrated.

[postggj]

lloyds are giving you the usual bovine excrament syndrome again

 

all financial records have to be kept

FOR SIX YEARS MINIMUM AFTER AN ACCOUNT HAS BEEN CLOSED

 

ANTI MONEY LAUNDERING LEGISLATION

[ims21]

Hi

 

Just seen post's post which is of course correct...I was looking to find some similar threads which may assist you.

 

So time to write back and tell them that you are aware of the regs and that they must supply the information you have requested which includes a full transaction history on all of these accounts.

 

You are free to report them to the ICO or take court action to force compliance.

 

Regards

 

ims

[Hass1235]

Thank you ims and thank you so much for taking the time and effort to help me sort out this mess.

 

Should I sent lba (template 3) now since I already sent the chaser latter on 10/07/2011 or should I take court action completing N1? If I need to send lba, how should I word it about the regs you mentioned to them show I mean business?

 

What about the retioned period they love to mention all the time. The six years that postggj mentioned is that correct, since I made the last payments as follows:-

 

Loan - 21/03/2006

First credit card - 03/09/2010 (through DCA)

Second credit card - 04/03/2011 (through DCA)

[ims21]

Hi

 

What I would do is write back giving them one final chance to comply fully within 7 days. In that letter you can mention that you are fully aware that under money laundering regs they are required to keep records for a period of six years following closure of an account. Telle them that they now have seven days as you are preparing to file a complaint with the ICO and also issue in court to force compliance.

 

Only threaten them with court if you are actually prepared to go through with it.

 

Regards

 

ims

[Hass1235]

Hi ims, you are right is better to hold off until is necessary thank again.

 

Should I use template 3 and add the extra para to it

[ims21]

Hi ims, you are right is better to hold off until is necessary thank again.

 

Should I use template 3 and add the extra para to it

 

Yep...sounds OK to me.

 

You might also like to read this thread if you have not already seen it

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**&highlight

 

Regards

 

ims

Edited July 24, 2011 by ims21

[Hass1235]

Thank you ims, that's a useful thread. I'll have a good read and put together a letter and then post it here to show you if it's ok.

[Hass1235]

Hi ims, thank you for the above link.

 

I've used the letters on that thread and adapted. I would be grateful of what you think and your input as always.

 

"

Thank you for your letter Ref: 22083/11 dated 18 July 2011.

I am extremely disappointed that despite having issued my original Subject access request (Subject access request) on the 22 May 2011 that you still seem to be using delaying tactics in providing the information I am entitled to by Law within the terms of the Data Protection Act 1998. Under Section 7 sub section (1) ( c ) ( i ) and (ii) you are required to provide me the information as requested within the requirements of the Act section 7 (2) (a) and (b), which as the data subject I have met.

I have to inform you that I am fully aware that under the Anti Money laundering legislation, you are required to keep records for a period of six years following the closure of an account.

Also I would point out that the Act allows you 40 days in which to provide the information I have requested. You have failed to meet this timescale by 17 days to the date of your letter Ref (as above). Despite my subsequent letter date 10th July 2011, you have still not provided the information I have requested in the statutory timescale.

 

In my letter dated 10th July 2011 I have stated that I require the following:-

“I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization.

- A complete list of all transactions or statements relating to my personal loan and credit cards with your organization.

 

- Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

- Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same. When I request all details, I take that to include all data applicable to the loan accounts including the data on payment protection insurance (PPI) including the terms and conditions applicable to the insurance applied to the loans.

 

 

- Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.”

To date I have not received this full information. I await the following:

 

1. A complete list of all transactions or statements relating to my personal loan and credit cards with your organization.

3. Full copies of all credit agreements and contracts between the Lloyds TSB bank and myself.

4. Full copies of any and all postal or email correspondence.

If you are then unable to trace the information on these loans then I will require the following action to be taken by your organisation.

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

Failure to respond to this third request in a fully comprehensive and satisfactory manner within 14 days, will result in the submission of a formal complaint to the Information Commissioners Office detailing your failure to comply with the Data Protection Act 1998 and seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

Yours faithfully,

"

[ims21]

Hi Hass

 

Excellent letter

 

Regards

 

ims

[Hass1235]

Thank you for your quick reply as always. The link was a great help I'm feeling more motivated now.

 

I'll send letter tomorrow by special delivery and see what they say this time.

[ims21]

Hi

 

And do keep us informed

 

Regards

 

ims

[Hass1235]

I sent the letter today by Special delivery.

 

Deadline is 17/08/2011 (14 working days from 29/07/201) so will see what they do.