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    • I'm trying to think in terms of tactics here.   Because the vehicle purchase has been made on hire purchase, that means that the finance company is the owner of the vehicle and strictly speaking your direct action is against them in breach of contract because they have all the obligations to you under the consumer rights act that they would have if they had been the dealer. On the other hand I still like the idea of going against the dealer – which you could do on the basis that you enjoy third party rights of direct action under the Contracts (Rights of Third Parties) Act 1999. Of course you could sue the finance company and you could win – in fact you probably will win: there is clearly been some kind of misrepresentation at the very least – and maybe a deception. It's rather a coincidence isn't it that certain important information has been omitted from the documents supplied to you. However, if you sue the finance company then I don't think it will provide a quick solution. From what you have told us so far it seems to me that there is a certain urgency. I think that the finance company will simply get into obstructive mode and simply try to cause you trouble – because they will instruct their usual solicitors – and I'm afraid to say that solicitors are incapable of taking a pragmatic view. The longer it goes on then the more they can charge the client. The more obstructive they can be then the more there client naïvely is impressed – and at the end of the day the more obstructive they become, the more likely they are to wear you down and to achieve some kind of negotiated settlement where you agree to sacrifice some of what you are entitled to – and the client – the finance company then sees that as some kind of – Win. I think a quicker route to success is to sue the dealer – and at the same time you could bring an FOS complaint against the finance company. Of course if you sue the dealer, they will start off by pleading that you don't have a contract with them. That's true – but you would be relying on the provisions of the 1999 act – and it is clear that you are an intended beneficiary of the contract and I scarcely imagine that they have expressly excluded your rights to bring an action against the dealer. I would expect they hadn't even thought about it. One of the rules about bringing a complaint to the financial ombudsman service is that you are not allowed to do that if there is a legal action underway at the same time. I can imagine that if you brought a complaint against them to the FOS, that the finance company will plead that there is a legal action – but I think that you would have a good argument to say that the legal action is against the dealer and that the complaint to the FOS is clearly independent of that legal action. The FOS is very cosy with finance companies – and they may accept the position of the finance company and refuse to be involved – but on the other hand they may side with you and continue with their investigation against the finance company. This would mean that you would have two irons in the fire at the same time. You could simply bring a complaint against the finance company to the FOS – but as I've already suggested, this will take an awful long time and it may not be resolved before 12 months is up – meanwhile you have the problem of not having the vehicle. So my favourite course of action at the moment is to threaten the dealer with a legal action on the basis of your third party rights – and separately to begin a complaint to the FOS about the finance company. I think the dealer would be extremely surprised to find that they were subject to the legal action when they had thought that they are being protected by the hire purchase rules. However, I think that they would eventually be obliged to confront the reality that they were going to be a defendant in the court case. I think they are the weakest link and they are the route to getting the fastest result. I see that the dealers describe themselves as some kind of finance company themselves. But I don't notice any FCA registration or any other signs that they are a finance company or that they have the kind of expertise behind them which you would expect the finance company. Have you any further ideas on that point?  
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Barclaycard & Lloyd’s Credit Card PPI


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Hi,

 

I hope someone can help/give advice.

 

I had Lloyd’s Visa & MasterCard from 1993 & Barclaycard MasterCard & Visa from 1995.

 

I filled in an online request for information for the Barclaycards & received a letter in the post stating that I had ppi on Visa card 30/01/95 - 20/10/98 & on MasterCard 27/07/95 - 24/05/04 Then received an email link to secure message portal to download the information I’d requested.

 

All that amounts to is 3 copy statements from 2007 with zero balance & dreadful photocopies of original postal applications where the box saying I wanted ppi is ticked. I certainly don’t remember ticking it.

 

Did an SAR for Lloyd’s...received a pile of statements oldest being from 2000 & showing no itemised ppi

there is however a terrible quality photocopy of my original application from 1993 again with the ppi box supposedly ticked.

 

I’m new to all this...is there any point me attempting to claim back ppi ?

I certainly never received any ppi terms & conditions or anything & wouldn’t have been able to claim on it....didn’t even know I had it.

Any advice welcomed.

 

Thanks

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Absolutely, it is worth pursuing.

 

You should begin by sending them each an SAR. When you get the SAR look carefully at what you get and also at what might be missing. They have 30 days to respond. It is free of charge. Come here when you get the disclosure.

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The VERY limited information I received from Lloyds was in response to an SAR posted recorded delivery on 9th September.

Will try another one & possibly report to The Data Commissioner as they appear to have decided what they want to send me rather than send all relevant information they hold.

 

Will SAR Barclaycard

 

RBS haven’t even acknowledged SAR sent to them recorded delivery 9th September !

 

Thanks for your input

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Then you should complain immediately the information Commissioner about any delays. The bank seem to be establishing a culture of delay and they seem to be putting two fingers up to the GDPR rules.

 

If you wanted to start an action against RBS and we would help you. We've just had a very interesting result against Lloyds although I'm unable to give you the full details because they are confidential. However, I can pretty well guarantee you that once they have exceeded their deadline, if you want to bring an action then you wouldn't be disappointed.

 

Begin by making a complaint to the ICO immediately. It's free. You will get a message from the ICO saying that it appears that they may not have complied with the GDPR regulations. This is enough to face a legal action. You will get some compensation and it will be fun.

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  • 1 month later...

Hi, the ICO suggested I try & resolve with the banks before making a complaint to them !

 

I have written to Lloyd’s & Barclays again re. their non-compliance stating that if they don’t comply in full with my request I will raise a formal complaint with ICO.

 

RBS finally responded... a tatty brown, thin, recycled envelope ripped open with statements spilling out !

 

Hand scrawled address...No covering letter & ignored request for loan agreements that may have PPI..

 

.took photos of the package before I opened it...

going straight to the ICO about them...

disgusting

Edited by dx100uk
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