Caro v Yorkshire Bank for PPI

[caro]

unless its all on a wee cd

 

I asked about that and was told they don't do that and some people end up with boxes of paper! I wasn't with YB more than 3 or 4 years so hope it won't be too bad.

[citizenB]

I asked about that and was told they don't do that and some people end up with boxes of paper! I wasn't with YB more than 3 or 4 years so hope it won't be too bad.

 

When I got my SAR stuff from HSBC, it came in 3 boxes (the type you get the photocopier paper in) and via courier !

[caro]

When I got my SAR stuff from HSBC, it came in 3 boxes (the type you get the photocopier paper in) and via courier !

 

Blimey!

 

Well it came today and a brief look is already interesting. There isn't any info for the loans or ppi, and neither is there anything about my bank charges claim in 2006/7. All the ppi and loan info comes from the current account statement.

 

It clearly shows the loans with my withdrawals of the main loan and a deduction for the full amount of ppi in December 1998.

 

Fast forward 18 months and there's another loan with more ppi. As well as borrowing some extra it pays off the original loan, which of course, includes the original ppi.

 

Now those silly billies at YB say I only paid back £260 in premiums, but it seems the full £608 was repaid using the second loan, and of course there was the loan interest for the part of the loan which paid for the ppi.

 

They say I made payments on the second ppi of £320 yet they charged £1070 and I KNOW I've always paid any loan or cc I've ever had so I've paid the £1070.

 

I haven't sussed the 3rd ppi yet which I don't remember and haven't seen yet.

 

Neither have I sussed the contractual interest rate yet but I have an idea in my head.

 

So £2100 "compensation" going back to 1998. I don't think so!!!

[citizenB]

Do you think they have provided all the information you requested then Caro ?

 

 

And, when you repay loans early, arent you supposed to receive a rebate ? From what you are saying, there wasnt one when the 2nd loan repaid the first ?

[caro]

Do you think they have provided all the information you requested then Caro ?

 

 

And, when you repay loans early, arent you supposed to receive a rebate ? From what you are saying, there wasnt one when the 2nd loan repaid the first ?

 

I'm sure they haven't provided everything. For example they haven't included the correspondence regarding my ppi claim from before my sar was sent. Neither have they demonstrated how they calculated their offer.

 

Without details of the loans, for which they say they have no info, it's hard to say about a rebate. The original loan was to buy a car and that is what was credited to my current account along with the ppi which they took straight out. I am convinced that when I took the second loan they charged me for cancelling the first policy and suspect that too came out of the second loan.

 

What is also unclear is how they have loan account numbers when there doesn't appear to be any reference to them in the historical data.

 

I will write to them with these questions and give them 14 days to respond before taking action.

[citizenB]

I'm sure they haven't provided everything. For example they haven't included the correspondence regarding my ppi claim from before my sar was sent. Neither have they demonstrated how they calculated their offer.

 

Without details of the loans, for which they say they have no info, it's hard to say about a rebate. The original loan was to buy a car and that is what was credited to my current account along with the ppi which they took straight out. I am convinced that when I took the second loan they charged me for cancelling the first policy and suspect that too came out of the second loan.

 

What is also unclear is how they have loan account numbers when there doesn't appear to be any reference to them in the historical data.

 

I will write to them with these questions and give them 14 days to respond before taking action.

 

They will be sorry they started this

[caro]

They will be sorry they started this

 

Well as there is also nothing regarding my successful claim for bank charges back in the day it seems they've forgotten what a pain in the derrière I can be. I won't be reminding them about that though.

[citizenB]

Well as there is also nothing regarding my successful claim for bank charges back in the day it seems they've forgotten what a pain in the derrière I can be. I won't be reminding them about that though.

 

[caro]

Email sent today:-

 

To whom it may concern

 

Further to your letter of 7th March 2016 signed by xxxxx xxxxx and the data provided with it, I have reason to believe that the data is incomplete, and request the following information:-

 

1. You have provided a list of account numbers which have been identified, but for which you have been unable to trace any documentation in connection with them. There is nothing with the documentation that you have sent me which shows how you have identified these numbers. Could you provide this information please in whatever form that may take.

 

2. Do you have the terms and interest rates for the loan accounts? Please advise if further payment is required for credit agreements, if they are available. I understand that the fee would be £1 per Consumer Credit Agreement.

 

3. Prior to sending in my DSAR, I had sent in a claim for PPI. I received an offer which falls short of the amount that I am owed. I asked the PPI claim department to provide a breakdown of their calculations but they were unable to do so and suggested that I send in a DSAR, which, as you know I did. However there is absolutely nothing included relating to my PPI claim. Please provide all the information in relation to my PPI claim and how the offer was calculated.

 

Although I require a response to each of these points, there may be other information missing that I am not aware of, so the above is not an exhaustive list of the additional information that I require.

 

Your prompt response would be appreciated to prevent the need for further action to ensure that I get a complete copy of all information as per my DSAR.

 

Thank you in anticipation.

 

Caro

[maroondevo52]

Hopefully you will not have to wait long for a reply

[cjcregg]

Why are you asking for the redress calculations in a DSAR?

 

 

Just quote PS10/12 3.9.4:

 

 

''The firm should make any offer of redress to the complainant in a fair and

balanced way. In particular, the firm should explain clearly to the complainant

the basis for the redress offered including how any compensation is calculated

and, where relevant, the rescheduling of the loan, and the consequences of

accepting the offer of redress.''

[caro]

Thanks MD.

 

The reason I'm asking by SAR is that the ppi dept, could/would not explain the full calculation and just showed the amount they claimed I repaid (which was wrong) plus 8% simple interest and said I'd need to sar for more info.

 

You're quite right that I shouldn't have let them off with that, however I did need to sar to prepare my own schedule of what they owe.

 

Thanks for putting me right. I'll think whether to write again before I can do my schedule, which I will need to do to ensure the accuracy of any future redress, or just write now and quote as you suggest.

[caro]

Btw, I will be claiming the sar fee back regardless as I shouldn't have needed it had I not had ppi.

[Conniff]

Btw, I will be claiming the sar fee back regardless as I shouldn't have needed it had I not had ppi.

 

I really love these 'they ain't getting away with anything' posts, wonderful.

[Guest]

some info referred to by cjc post #86

https://www.handbook.fca.org.uk/handbook/DISP/App/3.pdf

https://www.fca.org.uk/static/pubs/policy/ps10_12.pdf

[caro]

Thanks Ford. I've clearly got some bedtime reading for a while.

[Guest]

Thanks Ford. I've clearly got some bedtime reading for a while.

its not that bad.

the first link is the one cjc refers to.

[caro]

[caro]

Not having had so much as an automated response to my email, I rang to check it had been received. The person I spoke to offered to talk it through and follow up with a letter which I agreed to.

 

1. They have customer numbers which show all accounts for the customer, even if there are no records, and the list provided showed what was on my customer ID.

 

2. Once accounts are closed the CCA is no longer required or need to be provided under the Consumer Credit Act.

 

3. I just listened to this without comment, but I was told that because my ppi claim is open they don't need to provide any info on my claim in the sar.

 

I look forward to receiving that in writing!!

 

What was said next did make some sense. They don't have the calculations for ppi refund (I haven't forgotten previous advice on this and it will be actioned) but when I took out the 2nd loan the original ppi was cancelled. As I had to pay a cancellation fee for the first ppi due to YB's loss of interest for the rest of the term of the loan, it seems it wasn't rolled over into the second loan.

 

On the face of it the refund of payments made MAY be accurate, but I have no assurance that their offer puts me back to where I would have been without ppi. The refund on offer would include the interest paid, but there is the issue of overdraft interest, charges etc, which were not entirely due to ppi.

 

Still some work to do. Any thoughts anyone?

[citizenB]

 

1. They have customer numbers which show all accounts for the customer, even if there are no records, and the list provided showed what was on my customer ID.

 

2. Once accounts are closed the CCA is no longer required or need to be provided under the consumer credit Act.

 

3. I just listened to this without comment, but I was told that because my PPI claim is open they don't need to provide any info on my claim in the SAR

 

 

Point 2: I think this is correct - although if they have it, why are being stubborn about providing it ?

Point 3: Absolute rubbish - They are obliged to provide all information even current actions for as far back as they have it.

 

Have you received a letter from them yet, Caro ? If not, perhaps write to them, referencing the telephone conversation and then listing the points raised and answered as you understand them and challenging those where incorrect information was provided.

[AndyOrch]

Point 2 would be correct Caro providing there is no balance outstanding on the account (i.e. a closed account)....

 

but only if the creditor has obtained judgment (a CCJ)

 

Regards

 

Andy

[caro]

Had a reply but still no calcs, although it doesn't say they don't have to include info on current issues. In fact it rather glosses over ppi calcs.

 

Dear Caro

 

Further to our telephone conversation of 1 April 2016 regarding information you have received in response to a request made under the DPA 1998, I have addressed the points you raised.

 

The list of accounts in our response of 7 March 2016 shows the account numbers traced by the bank's internal systems. Although we have been able to trace account numbers, not all documentation is available for all accounts. This may be due to the time elapsed since the accounts were active.

 

T's & C's and interest rates attached are not personal data and therefore not included within a DSAR. The Consumer Credit Act is only applicable to open accounts and as your accounts are no longer open, are not covered under this Act. However had we been able to locate copies of the documentation, it would have been issued with the DSAR response.

 

PPI redress calculations would not be provided as part of the final response letter to a complaint made against the bank.

 

I can confirm that although the full amount of PPI was added to the loan account when the account was open, the monthly repayments included a portion to repay the PPI element of the loan. Therefore if the loan was repaid early, the full amount of the PPI was not paid. Only the amount included in each monthly repayment was actually paid. Early settlement calculations are detailed on the loan feeder account statements. (I need to look for these as I don't recall seeing them in the sar response).

 

I can also confirm that interest was not only applied to amount of the loan, but also the ppi element of your loan.

 

If you have a query about the information you have received or require specific information not provided in this response, please do not hesitate to contact me.

 

Yours etc ........

[Guest]

PPI redress calculations would not be provided as part of the final response letter to a complaint made against the bank.

 

what about the handbook re calculations that they shld provide, as has been posted..?

[caro]

Other things are taking priority at the moment ford so I've not followed up on this yet ford. I certainly will be though.

[Guest]

ok