Halifax Credit Card PPI Reclaiming Help

[muzzeruk]

Hi all first time poster..

My credit card account dates back to 2002 I have been paying a monthly PPI premium any time this credit card was in debt.

 

After reading a lot of success stories of people reclaiming their PPI

 

I phoned Halifax and started a complaint 30 days ago.

 

They told me to fill out the FOS questionnaire which I sent back leading to my claim being declined.

 

In the FOS questionnaire I wrote I felt pressured into taking the policy and they didn't explain the terms and conditions clearly to me.

 

The official letter response said I applied for PPI over the phone the terms and conditions were explained clearly to me

and that i wasn't pressured since it was a phone conversation.

 

For one i can't remember the phone conversation as it was 10 years ago now if it even took place.

 

The letter also states that if i don't raise any more concerns they will consider my case as closed in 28days.

 

Is there any way for me to hit them with a SAR request (template?) to get access to the original PPI policy details,

the amount I have paid into this policy, access to the phone call log if it exists and any other details I might need?

 

The only documents i have is the credit card application and terms and conditions.

 

I intend to follow this up by using the financial ombudsman service

and would like to have all the paperwork regarding my case to send to them.

Edited August 11, 2012 by muzzeruk

[dx100uk]

make then prove you did apply on the phone

 

dx

[ukaviator]

On the application for a credit card was the box for PPI ticked or signed for? If this was sold over the phone chances are the PPI was mis sold due to the package not being fully explained. Banks added PPI to Credit Agreements without people knowing or asking for it, increasing the overall debt by upto as much as 50%. Also millions of consumers who have PPI policies added to their agreements are not eligible, Self employed, over 60, those not asked previous medical conditions. These are just some of those who would never be able to make a claim if it was ever needed, yet the banks still sold you the policy and charged you vast monthly repayments to cover the insurance policy.

[muzzeruk]

Yes the PPI box was auto crossed in on my credit card application when i signed it and the card protection box crossed in as well.

Should I SAR them and demand some proof of this phone call?

[havinastella]

Yes the PPI box was auto crossed in on my credit card application when i signed it and the card protection box crossed in as well.

Should I SAR them and demand some proof of this phone call?

 

Yes!

[muzzeruk]

Any good templates that i can edit to what i need floating around?

Thanks for the help so far.

[ims21]

Any good templates that i can edit to what i need floating around?

Thanks for the help so far.

 

http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here

[muzzeruk]

Thank you for the link.

[muzzeruk]

I made a claim on my PPI on my Halifax credit card which dates back 10 years, Halifax rejected this claim and said I was explained the terms and conditions on the phone when i took out the credit card.

I sent a SAR and received no response the time as now lapsed on that one, I sent a new one on the 1st October recorded delivery with a cheque for £10 addressed to Halifax PLC, I just checked my online banking and the cheque has not been cashed so I assume this means they have no intention of fulfilling this SAR request either.The SAR was signed for I have proof of delivery.

 

I am getting rather annoyed with how my bank is treating me! What course of action should I now take (Court or ICO)? To get them to fulfill the SAR request.

They state the PPI was explained to me on the phone, which I believe is a false statement so I need access to all my records from them, ready to send to the FOS.

 

On my PPI claim I intend to refer Halifax to the FOS, on the claim rejection letter I received they stated I have 6 months to refer this to the FOS if I don't do it in this time frame the case is closed for good. Is there any truth to that statement?

 

Any advice is appreciated.

[ims21]

To get them to comply with a SAR then you can use one or both methods you mentioned.

 

Have you checked the SAR was received?

 

Which address did you send it to?

 

Yes you do have a six month window to refer to fos.

 

What were your reasons for the mis-sale?

[muzzeruk]

It was received I have the tracking number and the signature used to sign for it.

The address I sent it to is:

HALIFAX PLC

TRINITY ROAD

HALIFAX

WEST YORKSHIRE

HX1 2RG

My reasons are the terms and conditions were not explained to me and I felt pressured into the sale.

Halifax are claiming all of this was explained on the phone etc, I for one cannot remember having any thing explained to me over the phone about PPI.

The box for repayment cover/PPI is auto crossed in as well on the paper work I do have.

[ims21]

Pre-ticked box eh?

 

You agreed to it during a phone call....yes of course you did.

 

As you say, get them to provide the evidence of that.

 

So ICO or sue them to force compliance with the SAR.

[ims21]

Pre-ticked box eh?

 

You agreed to it during a phone call....yes of course you did.

 

As you say, get them to provide the evidence of that.

 

So ICO or sue them to force compliance with the SAR.

[muzzeruk]

Which one will get the fastest response, ICO or the courts?

[ims21]

No idea really....depends how quick the ICO can help and how busy the courts are.

 

Why not ring the ICO and find out what they can do for you?

[muzzeruk]

The ICO have said I should wait until this 40 days are up and then fill out a complaint form and they will take it from there.

[ims21]

Sorry....missed the bit that you said you had sent again on 1st Oct. Yes you must give them their 40 days.

[ken100464]

Muzzeruk.

 

If it helps that is the address I sent my SAR to. Mine was also signed for. I did indeed get my SAR back within the 40 days.

 

I have a very similar problem with Santendar on second failed SAR next week. No contact no cheque cashed. However both letters signed for. One in Leeds and one at registered address.

 

I intend to send my next letter to CEO berating her companies shabby tactics.

 

In that letter I will put I will refer to ICO within 14 days if they dont contact me and deal with a lawful request for my information. Might also start copying in other bodies and MP's ministers. Start shaming them and you will get your information.

 

Took this tactic with BC and obtained all info going back to 2004

[muzzeruk]

Hey thank you for the information.

One last question if I don't refer them to the FOS in the 6month time frame can i still take my bank to court and get my PPI back that way?

I believe they are trying to delay me as much as they can.

[ims21]

Yes you could...but the onus of proof of mis-selling would be on you as the claimant

[cups]

Just for info Halifax recently told me that they reviewed

my PPI claim and that they had notes of my mtg with an adviser?? I have never had such a mtg and l can prove that on the day in question in 1997, l was at work and could not possibly have gone to a branch. They cannot now produce the notes.

Sent me a letter dated 5th Nov, rejecting claim. And have called twice since then to discuss my claim?

When l rang them, they told me that the calls were probably made by a hoaxer?????

Written to CEO, bunch of losers at Halifax!!

[muzzeruk]

my ongoing battle with Halifax PPI on a credit card dating back over 10 years.

 

I have received the adjudicator assessment of my complaint

and he's saying he won't uphold my complaint despite the boxes being preticked (computer marked X) on the PPI cover box.

I intend to refer this to an Ombudsman for a decision or am I just wasting my time?

 

With the SAR request I made it was upheld by the ICO but the information Halifax sent me hasn't got copies of any of the credit card agreements.

In this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?368640-PPI-claim-rejected-I-have-SAR-twice-no-response-Halifax. someone suggested to SAR them to provide evidence of the phone call I apparently made.

 

 

Surely Halifax would've sent this with my original SAR request?

which they didn't! Even though I asked for copies of all data phone calls etc.

 

I'm looking for my best option forward with this case as the FOS seem to be a waste of time.I have until December 13th to respond to the FOS to get a Ombudsman to look at my case for a final decision.

Edited November 25, 2013 by muzzeruk

[mightymouse_69]

What info were you able to give in support of your complaint - i.e. written testimony.

[muzzeruk]

The main sticking point is I wrote they sold the PPI during a meeting at the bank sometime in 2002, Halifax countered by saying I took the PPI during a phone call application for a credit card.

I SAR Halifax for any of the sales notes, phone logs everything relating to the PPI sale Halifax didn't send anything covering the PPI sale that took place.I even had to use the ICO to force them to comply with my SAR request.

My main written testimony is they didn't explain the terms and conditions to me and i felt pressured in to taking out the PPI.

[Andybars]

Personally - I would certainly escalate to an Ombudsman and I would within the additional information go into detail about the DSAR demonstrating that what Halifax has told you is inconsistent and incorrect and they can provide no case specific evidence to support their case. I the absence of evidence to the contrary I would ask the Ombudsman to place reliance upon the written testimony you have provided.

 

Ombudsman are generally significantly more experienced than adjudicators and they do overturn a percentage of adjudicator decisions. They tend to be very much influenced by the quality of the arguments raised so if you have spent a bit of time making a clear and well argued case, this will help your case.

 

Even you don't have a chance to get a detailed submission in place by the 15th - escalate the case with an outline reasons why and you can add to it in the 12 - 18 months it will sit in the queue between adjudication and Ombudsman decision