Jump to content


Determined100

PPI rejection - Debenhams store card 1999, orig GE Capital - now satan - FOS or Small claims court??

style="text-align:center;"> Please note that this topic has not had any new posts for the last 525 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Santander have rejected my PPI claim (store card) from 17 years ago on the grounds they believe it was sold in a proper manner (over the phone - which it wasnt - as I signed-up in-store with an agreement the assistant ticked for PPI) and was offered as optional and appropriate for me etc etc - which I absolutely disagree with.

 

I have issued a SAR - but already do have copies of Agreement and statements etc.

 

Unsure of whats best as next move

- do I escalate issue with FOS (that I'm not hearing good reports about!) or small claims action?

 

The amount of money involved is probably fairly small (circa £200 in PPI premiums?)

 

Any thoughts appreciated!

Share this post


Link to post
Share on other sites

Ah the old button holed by the assistant so they could pocket the commission

 

Not got little x's they put and said sign here etc...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Absolutely.

 

Brought items in store

- signed an agreement which assistant marked up and advised apparently needed to have PPI if you want immediate approval!

 

Bank now suggest that this was perfectly acceptable practice and I would have had the opportunity to review T's & C's at the point of signing - what!!!

 

Stood in a queue, clutching a pair of jeans and a couple of shirts

- with people waiting to pay behind you

- well of course I'll have a review of your piggin terms to see if I'm being stitched-up

- even though the terms do not state how much this PPI farce will cost me.

 

Bank suggests I would have had 30 days to cancel if I wasn't happy

- but they didnt send the formal info in post to me till 60 days later???

Not amused!

Share this post


Link to post
Share on other sites

Look on the fos website

There are a few case examples and here too


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Recently submitted SAR to Santander- the same bank who was handling and rejecting couple of old PPI claims.

They have stated they hold no data for me - despite my having a current account with them for last 12 years - which is registered to my current address - detailed on my original SAR.

 

 

Excerpt of letter below:-

 

Can anyone advise whether you have to detail ALL previous addresses where they may have held data

- I originally provided full name, current address, date of birth

- and asked for data held on any and all addresses for me.

 

 

Equally, I'm not sure they are allowed to suggest they only hold data for 6 years

- when, whilst trying to log a PPI claim, they found data on old store cards going back 17 years?

SAR rejection003.pdf

Edited by Determined100
wrong attachment

Share this post


Link to post
Share on other sites

yes you do

read the sar and all its posts


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thanks re-read the posts and will write to them again.

 

However, my issue is that

1) not sure I'll remember all my addresses over last 20 years,

2) if it's genuinely only limited to 6 years - pointless exercise,

3) I thought a SAR required all information 'uniquely and personally identifiable' to you

- which an address is not

- whereas a proper name and 'date of birth' is very much unique to me and easily searchable/identifiable?,

4) My current account is with them and at current address - which they haven't even found

5) they clearly do have info beyond 6 years which they have failed to disclose

- as they are dealing with PPI claims older than 6 years (and rejecting them based on the records they hold - even if incorrect!)

 

Have reviewed ICO website regards longevity of data which doesn't suggest any cap of 6 years

- just as long as company holds data, in accordance with rules of DPA and their own compliance policy?

So surely, if they HAVE the data (which they clearly do) - they have to release it?

Share this post


Link to post
Share on other sites

Bank has now provided 'final decision' and rejected my claim

- as has the insurer, Axa.

 

 

Have sent SAR to bank but still awaiting results

- although do have my original agreement and statements etc.

 

 

Bank suggest as account prior to 2005, I cant go to FOS with complaint against them - but can against Axa??

 

 

If I wish to proceed and reject their decision

- poss small claims

- do I go after the insurer or bank as original creditor?

Share this post


Link to post
Share on other sites

well you need to do a bit of a resit for now

so this was a store card?

with GE money?

and who's store?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Yes, the good old Debenhams store card from 1999, originally via GE Capital - now Santander - insurers Axa.

Taken out in-store (although bank maintain I took out over the phone with their sales team couple months after)

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thanks Dx100 - will have a thorough read - all very confusing though!!

Share this post


Link to post
Share on other sites

You do need to get a move on if you are going to be escalating your claim to the FOS. Aside from which, the FCA have advised there is now a deadline for PPI claims - August 2019.

 

Although as I understand it, "We fight any claim" are or have taken the FCA to court according to an article I found online dated March 2017.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

In order to calc likely claim for a storecard - do I use the FosRunning PPI v102 spreadsheet for those statements I have at moment?

Share this post


Link to post
Share on other sites

ideally you need all the statements for the FOSrunning sheet to work properly

you can use the fos CI one to get an idea with limited info


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

 

Although as I understand it, "We fight any claim" are or have taken the FCA to court according to an article I found online dated March 2017.

was initially rejected, some recent info re

http://www.insurancebusinessmag.com/uk/news/breaking-news/we-fight-any-claim-battles-it-out-against-ppi-claims-deadline-75757.aspx

https://www.ft.com/content/f221941a-89b6-11e7-8bb1-5ba57d47eff7


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

nb, ft link may be broken/subscriber. it basically says the same general info as the other link re appealing :)


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

I am considering starting a small claims action - to recover mis-sold PPI premiums from apprx 20 years ago!

 

Please can someone advise as to whether I have to calculate/show the interest element I am asking for in restitution

- or do I just show the value of premiums paid and ask the Court (if my claim is successful!) to award interest as they see fit?

 

Equally, if I have to identify value of interest

- do I use statutory or ask Court to award compound interest in restitution

- calculated at contractual rate of agreement (15%) charged to date of claim

(even if I could do this - am concerned that 'compound' calculated over 20 years on few hundred pounds could take my claim over £10k - therefore no longer being able to be considered in Small Claims track? Very confused!!

 

All help much appreciated!!

Share this post


Link to post
Share on other sites

firstly,

have a look at the fos site re how they calculate ppi redress.

as that wld probably be considered in any claim.

 

generally, it's not simply a case of adding stat interest and compund interest to the amount of premiums paid.

the history of the account would need to be looked at, and if not fully available then a reconstruction.

 

also, generally, interest amounts claimed should not count re the technical value of a claim for the purposes of track.

 

interest should usually be set out separately on a claim form as per the civil procedure rules.

is there a background thread on this, have you exhausted complaints and fos.


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

the fosrunninsheet will do it all for you.

you cant charge them at their interest rate after they stopped charging it.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Many thanks Ford. I feared it wouldn't be simple!!

Yes, have exhausted route with 2 banks - made original complaints (via Resolver) but one bank claims I have not had PPI on my account - despite my providing copies of statements that clearly show I have! Have queried several times - but they are holding their position and stating thats their final decision? The other bank state I requested PPI on telesales call - which I definitely did not (took out in-store for storecard with pre-ticked application form). I considered escalating through FOS but varying reports/experience on their level of expertise in resolving matters - so issued an LbA to banks and thought I would try and pursue via small claims procedure??

Share this post


Link to post
Share on other sites

Thanks Dx100uk - unfortunately - whilst I do have many of the statements there are some significant gaps - so might struggle to get sensible outcome from the FOSrunning sheet?

Share this post


Link to post
Share on other sites
... I considered escalating through FOS but varying reports/experience on their level of expertise in resolving matters - so issued an LbA to banks and thought I would try and pursue via small claims procedure??

 

maybe should've tried the fos first, never know. which banks, why 'resolver'?


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...