Help Please. Where Do I Start?

[Surferdan]

Hi, My first post.

I'm trying to help my son get his finances sorted out. Besides the fact that he needs to become much better at managing his money I think he has valid claims for the following:-

 

1. PPI mis-selling on two personal loans

2. PPi mis-selling on a Credit Card.

2. Overlimit charges on a Credit Card

3. Bank overdraft charges

 

Problem is which do I tackle first?

 

What Subject Access Requests do I need to send. All of the above potential claims relate to the same bank. Will one SAR cover all of them.

 

How do we obtain copies of loan agreements and PPI policy documents and the T&C's for the Credit Card (searched the internet without luck) Called in the Bank yesterday, they couldn't provide the full Credit Card T&C's for their current Credit Card.

 

A few pointers in the right direction would be appreciated.

 

Thanks

[ims21]

Ok

 

You would be best to start a new thread for each claim in the relevant forum.

 

For the PPI claims, are the two loans linked i.e. one refinancing the other? If so then one thread for the two. If not then start two threads in the PPI forum.

 

For the credit card charges claim, start a tread in the appropriate bank forum. Which bank is it?

 

If all of these are with the same bank then one SAR will get you details on all accounts. Add a line to the SAR that it is to include copies of all and any agreements taken out.

 

The bank overdraft charges may be a non starter but when were these charges incurred? Depending on his circumstances it may be possible to get them back under BCOBS but it might be a bit of a fight.

[dx100uk]

which bank please so we can put this in the correct forum.

 

dx

[Surferdan]

Thanks for your responses. I will post in the relevant forums.

In response to your replies:-

 

The bank is HSBC

 

Are you saying one SAR plus the £10 fee can get me all the information relating to bank charges, ppi agreements, policies, credit card over limit charges etc and I do not need to send the £1 postal order to get copies of any agreements?

 

I would appreciate some expansion on why you think the overdraft charges might be a non starter. the majority are from the 2010 to date and amount to approx £3000.

 

I have spoken to HSBC briefly seeking advice on adresses for correspondence. They offered to commence looking at the PPI. Should I trust them to do this or obtain the information via a SARS and submit claims when I have the information. I am wary that HSBC might not divulge the information they use to make any decision.

 

Thanks

[ims21]

Thanks for your responses. I will post in the relevant forums.

In response to your replies:-

 

The bank is HSBC

 

Are you saying one SAR plus the £10 fee can get me all the information relating to bank charges, ppi agreements, policies, credit card over limit charges etc and I do not need to send the £1 postal order to get copies of any agreements?

 

If it is all with the same bank then one SAR will get you all of the data they hold on a data subject. Make sure you specify that you want copies of all and any agreements ever held with them. Some banks don't provide these but if they do not supply them with a SAR you can always CCA them. You might find the SAR data gives you enough to go on.

 

I would appreciate some expansion on why you think the overdraft charges might be a non starter. the majority are from the 2010 to date and amount to approx £3000.

 

Since the court case with the OFT and the BBA, current account charges are very difficult to reclaim. As they started in 2010, if the customer was in hardship or was treated unfairly, BCOBS may give you a chance of reclaiming them.

 

I have spoken to HSBC briefly seeking advice on adresses for correspondence. They offered to commence looking at the PPI. Should I trust them to do this or obtain the information via a SARS and submit claims when I have the information. I am wary that HSBC might not divulge the information they use to make any decision.

 

If it were me I would get your data together first, prepare your spreadsheets and, for the PPI, the relevant fos questionnaires, and send them in by post. I wouldn't trust the bank to try and help you at all.

 

Thanks

 

 

ims

[Surferdan]

Thankyou ims21

[Surferdan]

Re bank overdraft charges, where do we stand when charges have been applied to the account when it is already overdrawn, thus making it more difficult to climb back into the black?

[ims21]

have a read here about BCOBS

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=3&a=220

[rdm2006]

Read the letter linked below and note parts that may apply to you.

 

RBS Success

[Surferdan]

Hi

Thanks for that rdm2006. Looks like it could be very useful.

Just wondering which one to tackle first,

 

Bank Charges

3 x PPI or

Credit Card Overlimit Charges

[Surferdan]

Hi

Following ims21's advice we will not take up HSBC's offer to process the claim on our behalf and have submitted a SAR to get my sons records.

Meanwhile HSBC have sent a letter detailing all the PPI plans taken out with them by my son, (including one we wern't aware of!).

Is there anywhere that I can get hold of the relevant policy documents other than hoping HSBC will send copies as part of the SAR request?

Thanks in advance

[dx100uk]

wouldn't worry too much about T&C's or do you mean the agreements?

 

dx

[Surferdan]

Yes I mean the agreements that my son signed up to.

He signed up online and hasn't kept any copies of paperwork.

How does taking a loan out online affect his chances of a refund?

Thanks

[dx100uk]

none!

infact in most cases it improves the results in his favour

it is well knownthat many banks already had the PPI box ticked

with a note to say untick

if you dont want it.

 

i would put in a claim [you have the satatements and PPI levels?]

 

 

they let them wriggle

 

if they do.

then you can request details of the docs they are relying upon.

 

dx

[Surferdan]

Thanks for that,

We know the monthly ppi cost for the last loan which finished in Nov 2012.The payments total monthly payments for this loan are available online.

We have no details of the other PPI's ( 2 loans + 1 credit card) other than the ref No's as provided by HSBC. So we need to wait for the SAR response to get this detail before we can get a more accurate idea of what (if anything) he may be due back.

Regards

[Surferdan]

Hi

With the advice on this forum we have successfully reclaimed nearly £6000 from HSBC on 3 loans taken out by my son dating back to 2002.

 

The next issue we need to deal with is credit card PPi and overlimit charges.

 

The credit card has not been used for a few years but has an outstanding balance that is being paid off by monthly automated minimum payment via Direct Debit.

 

Over time the balance despite no additional spending has gone over the credit limit due to a combination of payment protection charges and interest charges not being covered by the minimum payment the balance increased beyond his credit limit and started incurring overlimit charges wich consequently increased the PPi payment (79p / £100 of balance) and the interest charges.

 

the balance on the account rose to nearly double my sons £500 limit before I became involved and made a payment to reduce the balance below his credit limit to stop the overlimit charges.

 

The PPi payments have also been cancelled.

 

I'm surprised that HSBC have allowed the account to go so far over the card limit and have not been in contact.

 

We have the SAR information relating to the credit card history.

 

Having looked at the spreadsheets available on this site I would appreciate some guidance as to which spreadsheet(s) to use for calculating a sum to submit a claim to HSBC for:-

 

1.Miss selling of PPi

2. Recovery of PPi payments

3. Interest on PPi payments

4. Recovery of over limit charges

5. Interest on over limit charges

6. Adjustment to the balance on the account assuming that the PPi and over limit charges had not been applied and my son had made the same minimum monthly payments by direst debit.

 

Any help appreciated

[citizenB]

I will try and find out which one you need to use

 

You will also be able to reclaim those charges as well.. you will need to reclaim those separately

[ims21]

Thread moved the PPI forum.

 

For the PPI claim you should use this spreadsheet. This will do all of the work for you if you have all of the statements of account.

 

FosRunningPPI v102.xls

 

It is highly unlikely that the lender will refund the charges automatically and a separate claim should be made for those using this spreadsheet.

 

CISheet v101.xls

 

 

EDIT: Have also changed the thread title to better reflect the issues here.

[Surferdan]

Thank you for your reply I will give those sheets a try asap.

Couple of points first though:

 

1. We dont have records going back to the start of the card account only 8 years worth do we use the opening balance on the info we have as the first entry in column C19

 

2. The reason we are looking to reclaim the overlimit charges is because it is a combination of PPi + interest charges that sent the account over the credit limit and incurred the over limit charges which then increased the PPi payment per month and both accrued more interest.The Credit Card went over the limit without any actual additional spending by my son.

 

The way HSBC calculate the minimum payment by Direct Debit was changed within the last 2 years. The changes made seem to acknowledge that this situation can arise. However the changes only apply to CC accounts opened after a certain date and did not change the calculation for CC accounts opened prior to that date.

[Surferdan]

Hi all,

We recently sent a CCA request to HSBC plus a postal order for the statutory £1 fee.

 

Just within the 12 day deadline HSBC sent us the "no signature, so unable to comply with your request" response.

 

We responded with a version of the template letter from this site stating that no signature is required.

 

We also pointed out that they had in fact cashed the £1 postal order we sent with the CCA request, so they were quite happy to take money from someone they couldn't identify without a signature.

 

That was 2 weeks ago and we have had no response from them at all.

 

Other than reporting them to the Information Commissioner's Office what is the next step?

 

We have searched this and other forums but can find no guidance on what to do when you get no reply.

 

We addressed our response to Gary Strait Customer Support Manager who signed the "no signature, can't comply" letter from HSBC.

[dx100uk]

for the minute lets keep all this in one thread.

 

the cca request refusal...has he moved since the card was taken out?

 

as for the PPI/charges

 

use the CISHEET [one for PPI - one for PENALTY charges]

 

where you do not know a historic PPI month as you have no statement.

 

use an avg of the PPI payments you do know.

 

dx

[Surferdan]

Hello, thanks for responding,

 

Apologies for not appending my last post to the original thread.

 

to answer your questions:-

 

My son has not moved recently, he has been at the same address for over 2 years.

HSBC have sent letters to that address, including yearly account summaries that contained confidential

information about his banking arrangements.

 

Additionally I have recently (February) applied for, and been granted, 3rd Party access to his accounts which involved

meetings at his local HSBC branch and my local HSBC branch so they do know exactly who they are dealing with and exactly where both of us live.

 

We have completed the spreadsheets with the information obtained in the SAR and an average ppi cost going back to 2001

when he took the card out.

 

We could proceed with the Credit Card ppi claim without the CCA but it might contain useful information.

 

If they have a CCA in my sons name why didn't they send it with the SAR (don't tell me "different departmant")

 

Isn't taking the fee and not providing the information ,or at least a "sorry we don't have it", theft?

[citizenB]

Some banks do provide a copy of the CCA within a Subject Access Request, others don't. It is frustrating and difficult to understand why this cant be standard practice.

 

I would think that you could argue that as they have already cashed your cheque/postal order, they are obliged either to put up or shut up.

[Surferdan]

Hi,

 

Thanks for your reply

 

Yes "put up or shut up" is probably going to be the theme of my next letter.

 

Is it worth reporting HSBC to the ICO?

 

We wanted the CCA as potential support for my sons PPI claim, but it looks like the claim is going to be submitted as it stands.

 

Re any potential PPI settlement:-

 

In order to stop incurring "over limit fees" and thereby additional PPI costs and interest I paid a lump sum into the CC account

to fetch it below the limit.

 

Would this lump sum be repaid as part of any settlement?

 

Additionally if not for the PPI, over limit charges and resultant interest charged the account would have been paid off some time ago.

 

I know we would get interest on the resulting credit balance but would the overpayments from when the account went into credit be repaid?

Edited June 11, 2013 by Surferdan
punctuation

[citizenB]

The ICO will not take any action regarding the non compliance of the agreement (CCA). They deal with issues of personal data.. yes, I know, we would assume the agreement to be personal data, but apparently not so. TBH, it does my head in

 

The OFT deal with the CCA issue, however, they only record the number of complaints that land on their desk - they do not deal with individual issues. An even bigger wind up for the consumer.. have a bent banana and we will hound you to death.. Not complied with the CCA, ah well.. lift that carpet please !!

 

If a proportion of that lump sum was set aside for PPI then it will be brought into the refund.

 

I think I can almost guarantee that when you submit your claim for the PPI refund, they will find a copy of your agreement !!

 

Do you have the statements in order to complete the spread sheet ? I think those are more important than the agreement in that it shows the amounts that were taken.