Lloyds TSB PPI Claim Problems

[Redmountie]

Hi,

 

I'm in the process of trying to get a large sum of money back in PPI from Lloyds.

 

In 2005 I took out a loan with them and repaid it back with no problems.

 

Out of the blue I had a letter from them stating they may have mis-sold me the PPI.

 

I filled in the usual forms and submitted them.

 

Now they have come back stating that they have assessed my claim and defend it as they don't believe I was mis-sold it.

 

I don't have any of the loan paperwork (i.e. CCA or policy booklet) so trying to build a case before I refer to the FoS.

 

I've submitted an SAR asking for all of this but so far they haven't wanted to supply me with any documentation when I have asked the PPI ,

Loans team or Customer Services.

 

Any advice anyone?

 

Does anyone have a 2005 loan booklet?

 

Thanks

[dx100uk]

the sar should be the key.

 

sadly with all these letters the banks send out

most result in a put down.

 

await the SAR

 

and then comeback here

 

if you wish scan up the letter.

 

looyds usually cough if challenged

 

however you need the data first

which

to even refuse you

they must have and send in the SAR.

 

read upload

[Redmountie]

Hi, I've now received a letter back from Lloyds

 

stating that they will defend the claim and do not believe I was mis-sold PPI.

 

When I initially submitted my application they advised me that i took out the loan product via the phone,

even though i was certain it was done in Branch.

 

They then re-contacted me for more information and

 

during this conversation I was advised that I had in fact taken out the loan product over the internet.

 

I've re-contacted them to confirm this and they are now telling me that the loan product was taken out in branch.

 

I've requested a copy of the original CCA which the loans department have provided.

This shows a signature against the PPI section but a tick has been placed above my signature which is not mt tick.

 

I've now requested a SAR asking for all information in relation to the loan product

(CCA, Policy Booklet, call/interview transcripts etc) and in relation to the PPI system.

 

They don't even seem to know how the loan product was taken out.

 

Any advice on what I can reply back to them with in relation to the mis-selling of the PPI?

 

• I've already evidenced that I was not given the correct information when the policy was sold to me;
  
• the salesperson advised me that taking out the policy would assist my credit application;
  
• the salesperson did not tell me the policy was optional;
  
• the salesperson stated that taking out the policy was essential for me to get the loan;
  
• the salesperson did not provide me with full information on what the policy would and would not cover; and
  
• I am concerned that the salesperson that sold me that product had no financial background and the policy was not sold in my best interests.
  

 

In addition to this I've told them that I did not need PPI as at the time of taking out the loan product as I was in full time employment

(and had been for years) and

 

in the event of any illness, critical illness, death i would be covered by my employers scheme and my life insurance.

 

I advised them that had they done an assessment at the time of taking out the loan product,

they would have known that I did not need the PPI.

 

On 29/07/14 I sent a Data Subject Access Request (DSAR) to the bank.

 

I followed the normal letter template and included a cheque for the statutory fee and referenced the cheque within the letter.

 

I sent this DSAR letter via recorded delivery and it arrived the following day on 30/07/14.

 

On the 11/08/14 I received a response from the bank stating that I had to attend at a local branch

and take with me a passport or driving licence, so that they could certify these documents and

send them to the Subject Access Request Team.

 

The letter also asked me to attend at the local branch and supply an up to date signature.

i attended at the branch and complied with this request.

 

The customer service representative also found it strange that I had been asked to provide an up to date signature, and having taken one from me, compared it to the one and record and came to the conclusion that it was exactly the same!

 

I did find this strange as I have been with the bank for over 14 years and my pay is deposited into one of there premier account's monthly.

 

Not to mention the fact that they have provided me with an overdraft, numerous loans and credit cards in the past.

 

I suspect that this was just a stalling tactic as they have a large volume of requests or cannot locate all of my records.

 

I need this information as I am fighting a PPI claim thet they have rubbished at the first hurdle.

 

I faxed off the certified copies of my passport/driving licence and also took the opportunity to remind them that they still had 40 days from date of my original letter (29/07/14).

 

I hadn't heard back from them so contacted them to confirm that they were in receipt of my documentation.

 

They confirmed they had received this but stated that due to there request for additional security information my 40 days reset and started from when they received received my fax on 18/08/14.

 

I have advised them that this is not the case and that the 40 days commenced from the date of my letter (29/07/14) and further advised them that they had until 07/09/14.

 

They stated they would get back to me.

 

A few observations/queries:

 

1. Has anyone else experienced this delaying tactic?

 

2. Am I right in relation to the 40 days statutory limitation commencing from 29/07/14

and not when they had received my security information?

 

3. I've typed up a letter before action in anticipation (lba) of them not complying.

 

Once i've sent this I intend to make a complaint to the Information Commissioner's Office (ICO) for an assessment review (enforcement) and submit an N1 to HM Courts for non-compliance.

 

Does anyone have a letter/template I can use for registering a complaint with the ICO

and for the N1 ready to the courts please?

 

Thanks in anticipation.

[dx100uk]

await the sar

 

 

dx

[dx100uk]

two threads merged.

 

they are quite within their rights to take steps to verify your ID

which is why werecommend sending a CTAX return or bill.

 

the 40 days commences from the successful sar application.

 

don't think you need

at this stage

the ICO

or

a claimform or a LBA.

 

you want the PPI info.

no need to bash them.

 

 

dx

[Redmountie]

Hi dx,

Excellent document, thank you very much for posting this.

 

I feel that if this complaint was to go to the FoS then it would be a positive outcome.

Are you aware if this adjudication was for the bank in question? Red

 

are we saying that a successful application of the SAR is after security checks have been completed [now] or upon the firms receipt of the SAR [30/07/14?

[citizenB]

If you were in regular contact with the bank, then there was no need for them to request this extra security information and this is made clear on the FOS website. Sadly LTSB are experts at stalling where SAR requests are concerned.

 

I had to take them to court to obtain mine..

 

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

 

 

How long after receipt of your original request did they ask for this extra information ?

[dx100uk]

HFC I believe but makes no odds

as its the FOS - it sets the bar

 

 

Lloyds are easy

 

 

but you MUST go by the correct method

 

 

SAr

spreadsheet

FOS CQ

cover letter

 

 

Lloyds will as all banks do

send a speculative fob off reply

if you simply send a speculative letter

 

 

dx

 

 

 

 

dx