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Tesco Credit Card PPI / CHPP / CCP **WON UNDER PLEVIN**


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hi all.

From a recent discussion with my girlfriend, it emerged she has had multiple credit cards over the years some with PPI, some with Card Holder Protection and some she's unsure of.

I'm in the process of writing a SAR request for each of the companies.

 

My question relates to a Tesco Credit Card she held.

 

She's managed to dig out a couple of statements ranging from 2007 to 2013 (hopefully sar will give all transactions)

 

On each of the statements is a charge for Card Holder Protection Plan and they vary from £20 to £40.

Is this the same as PPI and a claim can be submitted?

 

There are also "over limit charges" on a couple of statements I have at hand.

 

I read somewhere (think on mse sorry) that Tesco claim its not and if it was it would be classed as CCP what ever that is?

 

Has anyone had any experience dealing with Tesco and returned positive results.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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This has got better (I think)

we've managed to find statements going back to 2002 to 2013

- some years missing between 1 & 6 statements,

but can see closing balances noted on the following mths.

And they all have the CCP.

 

But as an other added bonus,

she's came across a yearly recurring 15 card protection with her own bank

- which states the different credit cards she's had in the past.

 

As we have the statements would we be able to claim that far back?

 

Ads.

 

Oh and Mortgage endowment policies

can any thing be done with these

(can you point me in right direction)

 

 

she's has mortgages with Pru, Bristol & West and more recently Abbey/Santander

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  • 3 weeks later...

If your girlfriend's cards included CPP then its too late to request a refund of card protection premiums from the provider CPP because the scheme closed about two years ago, but you might be able to get a refund from the actual seller of the policy e.g. the lender/bank.

 

This would be shown on the statements with an annual charge of around £40.

 

Although it sounds like she was paying PPI on a monthly basis so there's no time limitation and you've got plenty of evidence to proceed with a complaint.

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Nope not an annual charge. Various monthly charges ranging from ten's of pence to £30+ since 2002 to 2013.. we're missing 40 statements - hoping sar will contain them (though that was posted on 10/03 but has been lost - sent recorded)

Which is the spreadsheet to use to work out claim? Across the cards were different APR from 17% to 19%

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There are some useful spreadsheets in this forum. If you search for "Latest Spreadsheets and PPI charges Dec 2011", it should bring them up. You could probably submit a complaint now to get the ball rolling, while searching for extra statements and waiting for the SAR. The PPI claims handlers also make requests for historic transaction data as part of their investigations.

 

 

You asked about Endowment complaints. Common mis-selling points can include being a single applicant with no dependants, or the policy extends beyond normal retirement age and they did not check if you would still be able to afford it. There's lots of information on the forums and internet about this subject. Hope this helps

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I think I've done the right sheet.

 

Where I do not have a copy of the statement I have added a fee of £7.99 (an average is about £15).

There are also a few Over limit & Late Payment Fee's included in this.

 

In the pile of paperwork there are a couple of sheets (agreements?) that the cards would have came attached to,

For the card which ran in 2008 - 2009 the APR is 17.9%, the 2011 onwards is 19.9%.

 

I've also added on another sheet the Charge, Open Bal, Close Bal, Spend (inc charge & interest) interest & spend for that month.

Just a shame I have not got all the statements.

 

Is it the right spreadsheet I've used, as that really does seem like a nice little sum of funds.

 

CAG_TESCO_FosCISheet.xls

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you cant run the sheet till today

it must end on the date of the last PPI payment [claim to date]

 

you cant include penalty fees either

its for the OC to prove if they were/weren't caused by the PPI

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Morning all,

 

Had a nice little package delivered yesterday containing the reply to the SAR for Tesco’s.

 

It contained a CD with one unrelated call (Tesco saving acc),

change of holder surname / address correspondence,

the statements dated from November 2003 to Feb 2014 then zero bal until closure,

Credit Agreement + T&C’s and an Account breakdown.

*Tesco Card Holder Protection Plan is referred to as PPI on the account breakdown

 

The breakdown states:

Acc Opened: 31/01/2000 | Acc Closed: 31/10/2014

PPI Enrolled Date: 31/01/2000 | PPI Cancelled Date: -blank-

Total PPI transactions: £2,079.08 | First PPI Premium Date: 31/01/2002

First PPI Premium Amount: £13.22

 

From all the statements I have from 2002 to 2013 I was only £1.75 on total charges

(plus £218 of over-limit & late fees).

 

Taking the APR as 19% (last 2 cards) and the start and end dates of 31/01/2002 to 31/10/2014, the compound interest is calculated at £6,032.07. Giving a total of £8,112.90 

 

I see from the Tesco site that they acknowledge the FOS PPI questionnaire, so I’ll make a start on that, but I’m unsure as to what to put for reasons for my claim.

 

My g/f is adamant that she wouldn’t have ticked the PPI bit,

as she knew(knows),

that her works package is healthy enough for sickness/redundancy cover,

plus none of here other credit cards have had this (from what statements I’ve seen so far).

 

There are no notes, or correspondence to check if the PPI was adequate

– it just says “We Strongly recommend you take out this cover”

 

The agreement also states under Right to cancel

“once signed, you have a short time to cancel.

Exact details of how and when will be sent to you”.

 

 

Again there is no documentation our phone calls from Tesco relating to the Cancellation Rights after the receipt by Tesco of the Agreement on 26/01/2000.

 

Also nowhere on the agreement or T&C’s does it mention Fees/Charges or their values.

 

Attached is a copy of agreement & its T&C’s.

 

Sorry - heres the combined file

TESCO cca.pdf

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  • 4 weeks later...

Hi,

I've received a letter back from Tesco today (dated 04/05/2017) rejecting our claim.

 

They have stated that my girlfriend had contacted them before, and they replied in July 2012 (yet there is no notice of this contained in the SAR information which was provided by Tesco)

 

The letter states:

You recently contacted us about the PPI which you believed had been added to your Tesco Bank Credit Card.

 

I have reviewed the information we hold relating to your Credit Card. I can confirm that your PPI has previously been investigated and we sent you our response detailing our investigation and findings 03/07/2012. A copy of the letter is enclosed ** We never have received anything from Tesco **

 

Our final decision letter confirmed that if you were unhappy with our response you could refer the matter to the FOS within 6mths of our letter. Unfortunately, due to the final outcome having been issued more than 6mths ago the FOS rights prescribed at that time are no longer available.

 

Thanks for taking time to contact us. I'm sorry I cannot help you further

As mentioned - we never received any letter stating a rejection, g/f does not remember contacting them & also nothing within the SAR request contained any responses or copy of the rejection letter.

 

I've rang FOS - but they have said as they have not stated to refer to FOS then they might not be able to anything.

 

Is all now lost?

 

As I've got hold of the SAR request & never received the said letter

- should i request Tesco to re-investigate / give me rights to refer to FOS?

 

Is there anything (law wise/investigations) that have changed since 2012 relating to re-open investigations?

 

Sorry if I sound desperate - but 2.5k is alot to pay out on something that was not required

(all other cards gf holds have never had ppi even the Natwest/RBS from 2000 to current)

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  • 4 weeks later...

I put it to Tesco to prove that contact was made as it was not contained within the SAR,

I also asked for them to RE-investigate,

based on all the info I have supplied them,

they just reiterated their last letter saying that time frame had passed.

 

I put it to the FOS whom have replied today stating they can't help with anything past the 6mths, they asked Tesco's if they could investigate but they haven't agreed to do so.

 

The FOS have said that they might be able to help under exceptional circumstances, and provide as to reasons why they weren't contacted.

 

What is classed as Exceptional circumstances?

GF was going through marriage breakup at the time,

but she still is adamant nothing was ever received from Tesco (plus it never appeared within the SAR request).

.

Also received a letter from Tesco Payment Protection Insurance,

in relation to "Your Credit Card Payment Protection Insurance Annual Review"

 

If it was the case that PPI was complained about then why would we receive a PPI Annual review - and this is the first one that has been received?

 

Would this would show that the PPI is still live and Tesco's have not acted upon the complaint.

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ask tescos to provide what evidence they have that proves she did raise the issue in 2012

 

 

I cant see why the gos didn't suggest this?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Hi Ads_UK

 

Picked up on this one - new to the site and looking to help. Relates to the PPI element.

 

I have two different routes to advise, but first, your current situation.

 

Tesco's proof is the copy of that Final Response - they will have record it was delivered to that address. Proof of the claim being issued becomes irrelevant as, even if they had only written to your g/f outlining she had PPI and inviting her to claim (and she didn't) this would be enough to 3/6 year statute bar the claim as it is over 3 years since she 'knew or reasonably ought to know' she could have complained.

 

I know, its rubbish, but its what's happening, banks wrote to millions of ppl from 2012 onwards and their claims are slowly becoming obsolete by default.

 

Whilst I agree that you should ask them for further proof and pursue this line, from experience this has rarely been successful.

 

FOS will consider claims over 6 months since the final response in exceptional circumstances, what these are is not clear and I knew a girl who worked in the FOS team calling people about these decisions and she reckoned 99% were not considered exceptional.

It will be your word against Tesco. They have the letter and record it was sent.

 

You have two Alternative options open to you which are other potential places you can get your money back

 

1. Secret Commission claim / Plevin

 

This is not related to the first PPI claim, this is new and you should do this REGARDLESS!!!

 

Your claim fits as the account was open after 4/2008 so the CCA stuff related to this applies.

 

Issue a new complaint to Tesco about the fact that they were paid secret commissions on PPI and you were unaware of this and you want the money back (template somewhere probably)

 

They will reply with a holding letter until 29/8/17 when advice on this becomes live.

 

Then, if your premiums had commissions higher than 50% (which they likely will be) they will refund the difference plus contractual interest and 8% simple interest - simples!

 

Its a fraction of what your g/f is entitled to but better than a wet fish to the chops

 

NB. Make sure if they give you an acceptance form to sign that you get some advice first as this element should not stop you pursuing your current line with Tesco/FOS or option 2 (a well worded acceptance form can be the end!...Crafty beggars)

 

Option 2

 

Second time today - litigate. The final response and all that jazz becomes irrelevant, this is CCA, account was open and paid in the last 6 years so you can do it and use Plevin to boot (but far more effectively than the FCA guidance - this is the LAW! you may get 100% back just on Plevin)

 

You can do this:

 

Directly - if your are confident in your ability to do so

Solicitor - If you are not confident - it will cost you but advice is get a No Win No Fee specialist in PPI (Solicitor NOT CMC!) and it reduces the risk

 

You can win your case in court, on your own or supported, and its not big scary court, its small claims and most crumble and pay before a court appearance is needed.

 

This imho only is your most assured option to get your money back in full, with all the contractual interest and 8% simple interest on top (10 years = double the refund as a rule)

 

I hope that helps! Let me know how you get on and best of luck

 

Write a new complaint to Tesco

 

Banks sent our millions of these letters and if three years passes that's its, they will reject and FOS will not consider unless expcetional circumstances

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I was just typing out a response from FOS..

 

My G/F had a phone call last night from FOS, to tell her that they are going to look into this further based upon the extreme circumstances (going through divorce), and how Tesco have not handled the complaint correctly.

 

They stated that documents and recordings should have been sent along with the alleged PPI claim, but there more concerned as to why Tesco continued to charge PPI on the account after they alleged claim & response PLUS the fact Tesco PPI have sent through a PPI Renewal Review despite the account being closed in 2014 (based upon the details Tesco supplied see above charges sheet)

 

The letter they have sent through today seems to be the standard we are confirming we are looking into this for you... This gives me a little more hope.

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Jolly good - I hope the jurisdiction decision is quick and you get a positive/fair outcome from FOS - its what they are meant to be there for!

 

 

I would still recommend the Secret Commissions claim to Tesco as a back up, it wont affect your current claim/case to issue one and get it in the pipeline for 29/8/17 (you can also mention it to FOS who may put it in their Secret Commission outcome pipeline).

 

 

Final comment - it did not become standard to cancel a PPI policy if a claim was upheld or rejected for PPI until 2013/14 so Tesco continuing to charge isn't unusual. They just hoped you would forget about it again and continue to pay! Swine's

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I was under the impression, and I think we've had a win here on it

that they had to prove due diligence, ie look at credit files etc, to discover the correct address with regard to CCL letters and the 3yrs?

they cant blindly refuse because they sent it to another address without checking

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Agreed they can't and shouldn't. From experience, wins on this matter are the exception, not the norm (but doesn't mean you shouldn't try!). PBA is the prime example, statute barring being used willy nilly for the most ridiculous reasons and FOS are allowing it to stick.

 

 

Most banks will do the checks mentioned prior to sending the letter and retain the evidence should they be challenged. In this instance it appears they have record of a complaint being made which is slightly different as they would/should only respond to the complaint if they verified the customer name and address first.

 

 

The PO (is that the term?) has stated there are exceptional circumstances - it is unclear from the FOS comms mentioned if they have made a jurisdiction decision already and will consider the claim outside the 6 month referral period or are in the process of making that decision based on those circumstances.

 

 

If the former - great a win for the consumer and exception justly applied - if the latter then fingers crossed.

 

 

All that aside, if FOS will consider the PPI claim as an exception there is no guarantee it will be upheld, but most recent FOS data gives you an 86% chance it will!!! joint 7th highest bank for FOS PPI upholds so they are definitely getting a lot wrong still in 2017

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  • 3 months later...

FOS reply today saying they will not look into the complaint as Tesco has proven to them that all documentation was sent to prove the original PPI claim back in 2012 (which was rejected).

 

The only thing I can think of is that when the card was taken out it was a Tesco card supplied by RBS Group Ltd (prior to TESCO Went solo), my gf has a Natwest (RBS) account and has held credit cards all that did not have the PPI running.

 

I'm trying to find information about the Secret commissions claim - do you have any links that I could read up on the details & cost.

Or do you think that now FOS have said no it's a complete lost cause.

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plevin.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sorry do you mean go back to the FOS and state that as TESCO's respons was 2012 - this was prior to the Susan Pelvin case and I request that my complaint be looked into as a result of this and as Tesco recieved commission whilst the card was issued and mainatined by RBS?

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or start a completely new plevin case claim

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Cheers - email sent back to FOS stating that I acknowledged their reply but disagreed with them not looking into it as everything was dealt with in 2012, but Plevin came out in 2014 & FCA updated the guidelines in 2017.

 

We got an email back within today stating:

 

Thank you for your email dated 24 October 2017.

 

I have taken into consideration the additional information you have provided concerning the mis-sale of your policy and my decision into this has remained unchanged, and I feel that the complaint has been brought to us too late to review.

 

We will however be looking into the considerations you have raised concerning the impact of the Plevin Vs Paragon judgement on your compliant. Unfortunately, I am unable to confirm when we will be a in a position to provide you with more information on this, but we will endeavour to keep you updated and please feel free to contact me if you have any further questions in the meantime.

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  • 1 month later...

Received a letter Saturday (dated 28/11) from Tesco stating they are looking into our claim under Pelvin.

 

Today (dated 29/11) stating that my gf account fits the criteria and based upon the information they have the following has been awarded:

Premium £850

Interest £220

Refund of charges £12

Gross 8% £680

Less tax £120

Refund: £1642

 

The letter also said that it was based upon the information they had and was based on figures going back to January - but no year quoted....

 

I've rang them and they said they're unsure which year as that isn't written down,

told them I have statements going back to 2002

- oh it won't be that far back maybe only last 6yrs, we will redo calculations and be intouch'.

 

Don't understand how they haven't got the details

- an SAR was provided that had all statements and an account overview

which shows £2k of premiums & £300 of charges from Jan 2002 to 2014

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