BB-V-Halifax PPI

[BaldyBaldwin]

some Questions...

1. have been chaseing halifax about PPI for some time, recieved paperwork after CCA request only to have it stolen [bet the thief was happy when he/she opened rucksack] Are halifax obliged to send documents again if i do another CCA ?

 

2. should i send a sar or cca to halifax insurers ?? or should i cover all bases and send both ??

 

3. as halifax,s insurers are based in Ireland [ halifax Insurance Irleland Ltd.] are they obliged by law to supply information.

 

many thanks for any advice given

 

regards BB

[BaldyBaldwin]

bump. . . .

[BaldyBaldwin]

bigger bump. . .

[hellhasnofury]

some Questions...

1. have been chaseing halifax about PPI for some time, recieved paperwork after CCA request only to have it stolen [bet the thief was happy when he/she opened rucksack] Are halifax obliged to send documents again if i do another CCA ?

 

2. should i send a S.A.R - (Subject Access Request) or cca to halifax insurers ?? or should i cover all bases and send both ??

 

3. as halifax,s insurers are based in Ireland [ halifax Insurance Irleland Ltd.] are they obliged by law to supply information.

 

many thanks for any advice given

 

regards BB

 

Hello Bumpty BaldyBaldwin;860577

 

Sorry you have been bumping around and nobody is looking.

 

Did they send your CA recorded delivery, so how do they know that you received it. ah ha. Maybe write a letter to say how sorry and disappointed you are in not receiving it. MMMmm:-D

 

The Ireland bit , what do you mean by that, did you apply to Ireland for the loan, I think not. It is the halifax bank that sold you the ppi. It is the bank that you are after not the insurance dept. if that makes sense:D

 

Absolutely send a sar, a full sar, asking for everything.

 

Credit agreement should come, breakdown of ppi payments, the interest and what rate that was applied to the premium and the lenght it ran over the loan.

 

All writtten correspondence between yourselves. Copies of telephone conversations etc. You want everything. Be warned that they might give it to you bit by bit and you may have to push and push., but you will get it all:-D

 

If you need help just ask:-D

 

BreadwonThe ppi acc

[BaldyBaldwin]

thanks for the reply hellhas,

about the Irleland bit, whats happened is this...

took out a loan with halifax at local branch in england, fell into finacial difficulties, so got into arrears with loan, and good old halifax started lumping on charges, I then sent DPA to start reclaiming the charges back.

When documents eventually arrived i was shocked to see that a very expensive PPI had been added on.

I had never been told about it at time of taking out the loan, and had never recieved a policy.

I then sent them a CCA request and recieved a lot of paperwork including a signed copy of the PPI agreement. I had signed this believing it document relateing to the loan and not i to any PPI [i know, what an idiot, lesson to every one, never trust a banker]

Halifax also said that they had no other documents relating to the PPI and that i should contact there insurers direct, and gave me there address in Ireland.

So, thats the story up to now.

DPA on its way

 

Best of, BB

[reidnet]

Hi,

It does not matter that the Insurance company are based in Ireland, the fact is that the Agreement was taken out and signed in the UK and Halifax would be responsible as the selling agent of the Insurance. (The Insurance company are probably related to Halifax in some way too).

 

It does worry me that you have never had a policy from the Insurance, How the Hell (sorry hellhas ..no pun intended..lol) are you suppose to know the terms and conditions of the policy etc, if in fact a policy does actually excist. I would also send a SAR to the insurance company and see what information they have on you, and request a copy of the PPI policy relating to your loan account and ask for a breakdown of what payments have been made against the PPI policy.

 

You never know they may not even have a policy at all, It will be interesting to see what your SAR reveals..

 

Good Luck

 

Ian

[BaldyBaldwin]

thanks for the advice..

 

SAR sent off today, will let you now what turns up

 

Best of, BB

[hellhasnofury]

thanks for the advice..

 

S.A.R - (Subject Access Request) sent off today, will let you now what turns up

 

Best of, BB

 

Brillant, just count the days now:D

[reidnet]

Good luck BB, if you need any further help just shout..

 

Ian

[BaldyBaldwin]

hooray. . . .large package from the goodly people at halifax. . . two very proffesional looking folders full of illegable rubbish mostly regarding phone calls , not sure who to, as they never phoned me, none of the things i requested, policy. exclusions etc.

I feel a letter comeing on

 

as usual any help and advice mucho appro

[BaldyBaldwin]

sorry about the mucho appro. . .that was my son. . .bless

[hellhasnofury]

sorry about the mucho appro. . .that was my son. . .bless

 

Hiya BB,

 

I thought it was really coo:D

 

Maybe send this to them amend it to your details

 

Section 7 – Data Protection Act 1998

Dear Sir/Madam

Name xxxxxxxxxxxxxx

Loan Account no xxxxxxxxxx

 

I am writing to express my disappointment as regards to the lack of communication from yourselves to me, regarding the above account.

I sent a Subject Access Request on the 14th of January asking for all data held by your company to be released to myself. I have received nothing in any correspondence relating to the above account to date.

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 21st of September 2006 for the last 6 years bank transactions and I am sure that you are aware that I am in the process of taking legal action in respect to these unlawful charges.

I have again sent a separate SAR 14th January 2007, requesting all data that you hold in relation to the above loan and any information of previous loans held by your company.

The disclosure of personal data covered by Section 7 of the Data Protection Act 1998 is required in that the following documents have not been forwarded to me.

All data and personal correspondence letters and telephone calls, between your company and myself relating to the above account and loan accounts previous. Details about payments made to you and details of any payment protection insurance with these loans.

 

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 17days to comply.

 

Yours faithfully,

 

 

 

 

 

l

[BaldyBaldwin]

nice one hellhas, will adapt and get it off this weekend

many thanks BB

[BaldyBaldwin]

back up and running with this one.

over the last few months have been chaseing halifax to get more information.although reluctant to do so; Halifax have at last sent me a copy of the policy.

The policy confirms that the PPI was miss-sold due to pre existing medical conditions. In my case high blood pressure, this first manifested itself above 22 years ago when i was taken to hospital with a bad bout of palputations, ever since i have had constant checks by my GP and late last year i was hospitalised again with irregular heart beat and sky high blood pressure and am now on constant medication.

 

Now, this is the stupid bit (stupid of me that is) I have sinced recieved from halifax a copy of the credit agreement for the two loans and on both agreements i have signed the boxes agreeing to the PPI being added on to the loan. I know that sounds even more stupid (niave maybe??) but i just trusted the staff and signed were they told me to. But, as the staff at the branch never mentioned to me anything about PPI i had no reason to believe it was going to be applied to my loan.

 

Any comments gratfully received.

[hellhasnofury]

back up and running with this one.

over the last few months have been chaseing halifax to get more information.although reluctant to do so; Halifax have at last sent me a copy of the policy.

The policy confirms that the PPI was miss-sold due to pre existing medical conditions. In my case high blood pressure, this first manifested itself above 22 years ago when i was taken to hospital with a bad bout of palputations, ever since i have had constant checks by my GP and late last year i was hospitalised again with irregular heart beat and sky high blood pressure and am now on constant medication.

 

Now, this is the stupid bit (stupid of me that is) I have sinced recieved from halifax a copy of the credit agreement for the two loans and on both agreements i have signed the boxes agreeing to the PPI being added on to the loan. I know that sounds even more stupid (niave maybe??) but i just trusted the staff and signed were they told me to. But, as the staff at the branch never mentioned to me anything about PPI i had no reason to believe it was going to be applied to my loan.

 

Any comments gratfully received.

 

Hello BB,

 

Wondered where you had gone to your last post was about nine months ago.

 

Exactly you signed the box where you were told to and they did not discuss the terms and condition with you, pre-existing medical conditions.

 

Sort out your figures and get after them:grin:

[BaldyBaldwin]

thanks for the encouragement, dont worry, i,m on to it as we speak

 

many thanks BB

[BaldyBaldwin]

have been trying to push halifax to admit that no checks as to the suitability of the PPI were carried out at the time of taking out the loan.

have received a reply from halifax, (including a copy of the policy, which i have never received before) saying i should read page 5 section 2 with regards to the eligability criteria. This section has a list of employment and medical conditions that could ineffective.

 

it would seem that what they are admiting to, is that there staff just sell a policy and it is up to the customer to try to work out if it is suitable to there needs.

Me thinks this clearly displays a lack of "a duty of care" on there part

[BaldyBaldwin]

have received no reply to my request for breakdown of charges, so will hand letter into branch today and wait to see what, if anything, turns up

[bathgatebuyer]

BB, I have been scanning through the FSA's Regulations and guidelines on PPI (ICOBS - Insurance Conduct of Business Sourcebook) and it says under 6.4.5 that "A firm must draw a consumer's attention to the importance of reading the PP contract documentation before the end of the cancellation period to check that the policy is suitable for the consumer".

 

The Regulations are effective general rules under (s) 138 of the Financial Services and Markets Act 2000 and most of the rules within the Sourcebook create binding obligations on firms to behave in a particular manner. Is there any specific insistance in the documentation that relates to your original application which mentions contract documentation or a cancellation period?

 

Also, under ICOBS 6.4.4 It states that "A firm must privude a consumer with a policy summary within good time before the conclusion of a contract".

 

Did they ever ask you to complete a needs and benefits questionnnaire? ICOBS 5.2 states that 'firms must specifiy on the basis of information provided by the customer, the needs and benefits of that customer'. The Halifax never asked me to complete one of these (I'm assuming that these are those questionnaires which ask about back pain, cancer, asthma, hospital treatments, etc, as well as some employment questions).

 

I have also seen an article on Which? which states that it is 'the insurers responsibility to ensure that you are aware of the main conditions of the policy' and that clear expectations must be set as to the scope and limitations of the cover.

 

There was no reference attached to this quote, and I'm trying to ascertain whether it is explicit in law that this is the case. I believe that the Sale of Goods Act may cover this as it consider the 'fit for purpose' requirements but I suspect that this would be useful in both of our cases.

 

The other BB.

Edited June 14, 2008 by bathgatebuyer

[BaldyBaldwin]

Morning BB

At the time of taking out the loan nothing was ever discussed about PPI. it only came to light that PPI was added on to my loan after a DPA request. there was never any mention of pre-existing conditions or employment status.

I have been sending of letters to HBOS asking for copies of the eligability/suitability checks that were done at time of taking out the loan and have just recieved a reply saying that. .

" at the time of my application, 30/01/02, it was not a requirement to consider suitibility but eligability would have been considered based on the information you provided and the appropriateness of the cover to your circumstances would have been taken into account"

I will be writing to him asking why no copy of the eligability check was included in my DPA request, as, surely the halifax would have made a note of my pre-existing medical conditions as to avoid confusion should a claim have ever arisen.

Finally, at last they have sent the figures for the PPI, 1,300+interest, will be having a go at the spread sheet later.

[bathgatebuyer]

Definitely! Your insurance appears to have been taken out at roughly the same time as mine and the brick wall responses they have given you are similar to the responses I have had. I'm now at the Court stage and understand that the Halifax have filed their defence. Hopefully I'll receive a copy of this over the next few days.

 

As I've always said, I just want my money back as the policy that I had didn't provide cover for me at any point, not least when Halifax Ireland rejected it during an awful period of unemployment where I thought I was going to end up losing my home and my sanity. My heart still skips a beat whenever the phone goes at home as it just reminds me of what it was like to get 10 calls a day that summer from their Collections team chasing up debts while I falsely held out hope for their insurance to 'protect' me. They really are taking money from the sick and the dying and the desperate with these useless policies. I cancelled shortly thereafter (once I got back to work and feeling able enough to even open any white envelopes from banks), and it saved me £80 a month thereon.

 

The balance of my card is £750 now while it was once at nearly £13,000 as I used it to pay my mortgage, food, power, etc while I was out of work. Eventually my mortgage company paid out on that policy, but the Halifax was the only one who never. Their own peculiar exclusions meant that of the 4 cards I had, only 1 did not cover me. I'm firmly of the view that any unusual or unique exlusions relating to that policy should have been made known to me. ICOBS contained within the FSA Handbook appears to agree.

Edited June 14, 2008 by bathgatebuyer

[BaldyBaldwin]

HELP!!...please..where can i find the spread sheet????

[BaldyBaldwin]

bump. . . . .

[alanalana]

Hello bb,

 

this is from the bank templates library. Should help you.

 

6. Interest calculation spreadsheets

 

aa

[BaldyBaldwin]

thanks for that. . .think i will have to get my son to help me..