ppi & hsbc loan & credit card

[Dee-UK]

hi all, hope everyones good and not tearing their hair out over reclaiming!

 

I'm looking for some advice on ppi, so if anyone can give me any that would be great!

 

I found out today that hsbc have been charging me a monthly ppi on my credit card, and i'm not really sure how this has happened because i don't remember ever seeing it on my statements (i've asked for all my statements since my account began to be sent so i can check), now, i've possibly signed for it but not really been aware that it wasn't necessary to have as part of my credit agreement!

 

having realised i had it on my credit card i phoned up hsbc again and asked them if i had ppi on my loan, and they said yes - it had been applied to the full loan amount and charged monthly! I really didn't know I had ppi on it, maybe I signed the forms for it and sent it back without realising, either way I didn't want ppi on either my loan or credit card. this loan was also taken out to pay off an existing loan with them, so i get the feeling i've been a lot of ppi without even realising.

 

does anyone think i should be able to claim ppi back on either? and if so, where do i start?

 

one other thing - i am insulin dependent diabetic and have never had it brought to my attention as a pre Identified Medical Conditon for any of my ppi's, does this mean I'd have a case?

 

help. please.

[hellhasnofury]

hi all, hope everyones good and not tearing their hair out over reclaiming!

 

I'm looking for some advice on ppi, so if anyone can give me any that would be great!

 

I found out today that hsbc have been charging me a monthly ppi on my credit card, and i'm not really sure how this has happened because i don't remember ever seeing it on my statements (i've asked for all my statements since my account began to be sent so i can check), now, i've possibly signed for it but not really been aware that it wasn't necessary to have as part of my credit agreement!

 

having realised i had it on my credit card i phoned up hsbc again and asked them if i had ppi on my loan, and they said yes - it had been applied to the full loan amount and charged monthly! I really didn't know I had ppi on it, maybe I signed the forms for it and sent it back without realising, either way I didn't want ppi on either my loan or credit card. this loan was also taken out to pay off an existing loan with them, so i get the feeling i've been a lot of ppi without even realising.

 

does anyone think i should be able to claim ppi back on either? and if so, where do i start?

 

one other thing - i am insulin dependent diabetic and have never had it brought to my attention as a pre Identified Medical Conditon for any of my ppi's, does this mean I'd have a case?

 

help. please.

 

Hello an welcome,

 

Yes I would say it was mis-sold, if you did not even know you had it.

 

The first steps you need to do is sent a full Subject Access Request asing for all information relating to your loan and cc.

 

Send this one with the £10 Statuatory fee

your address

 

their address

 

 

date

 

 

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

 

Dear Sir/Madam

Namexxxxxxxxxxxxxx

Loan Account No xxxxxxxxxxxxx

Creit Card no xxxxxxxxxxxxxxx

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts and credit card accounts

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and other products. This includes any information relating to Payment Protection Insurance. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

-Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

- A complete list of all transactions or statements relating to ALL of my Loan Accounts with your organization.

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

-Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

I enclose a cheque in the sum of £10 to cover your fee.

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

I look forward to hearing from you in the first instance of receipt.

Yours faithfully

 

Send this recorded delivery and they have 40days to comply.

 

Also sent this request for a copy of your true executed credit agreement. One for each account, or put them both on one letter and sent £2.

 

Dearxxxxxxxxxx

Re:- Loan Account No. xxxxx Name xxxxxxx

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours sincerely,

 

 

They will have 12working days to comply before the are in default and then after a further 30days they have committed a criminal offence.

 

As I have stated before sent everything recorded delivery and keep the receipts for your file, that you sent it.

 

This process will take time, and while you wait educate yourself reading the different threads on the mis-selling of ppi and the consumer credit act.

 

If you get stuck or need help, just ask:D

 

You do have rights you know

 

 

 

 

[Dee-UK]

wow, thats brilliant, thanks ever so much! I will get straight on it! all i need to do now is find an address to post to ;-)

[hellhasnofury]

wow, thats brilliant, thanks ever so much! I will get straight on it! all i need to do now is find an address to post to ;-)

 

contact details:D

 

User Guide & Contacts Link

[Dee-UK]

cool, thanks for that, sent a sar on sat recorded, lets see what happens now ...

[Dee-UK]

unbelievable. right i'd like some more advice please, this is beginning to grate on me. after receiving a letter saying i hadn't signed the S.A.R - (Subject Access Request), which i seriously doubt i did, i resent it stating that my original timescale applied provided they could send me back my original 'unsigned' letter - no surprise here, they didn't do. I've since been sent 2 copies of my credit card statements, and another separate letter with a form to fill in and this letter attached:

 

"Dear _____,

 

Thank you for your letter.

 

I can confirm that our Service Centre are in the process of actioning your request in relation to any charges and interest that may have been applied to your account by providing you with copy statements. This is being provided free of charge. (no mention of the original cheque I sent with the first letter)

 

Should you have any queires regarding the receipt of these statements, please contact the Service Quality Team on 0800 88 11 55 or email [email protected].

 

No further information is required to enable you to request a refund of default charges. However, if you require any further information about your banking relationship with us, please provide me with the full details by completing the attached form.

 

Please note that we do not retain statement information for longer than 6 years when it is automatically deleted. In addition, such information is not retained on microfiche.

 

Yours sincerely,

 

 

Jonathon Winfield (it's actually signed by: PP R Hammond)

Data Privacy Officer"

 

Now i really don't understand their game, they have not acknowledged that i want all my details, not just statements - including all signed documents with regards to PPI and loan information past and present, nor have they acknowledged receipt of my cheque to cover all this?

 

Any advice here? I mean surely they have to provide me the original info i requested under my S.A.R - (Subject Access Request)?

[Dee-UK]

has no-one got any advice on what to do?

[skbuncks]

Hi Dee,

 

They appear to be confused and seem to think you are trying to reclaim bank charges and not PPI. I would send them a letter (recorded of course) detailling their mistake and that under the DPA they must supply all the information you have requested. I would attach copies of the original SAR that you sent and the letter you have just received from them in reply.

 

skb

[hellhasnofury]

Hello Dee.

 

These are just bog standard template letters they are sending you. I feel they like to act like morons from the onset, and be warned this is just the start. You will have to pester and pester.

 

Don't put up with their nonsense, as the last poster says, just send them another copy of your SAR signed, and a covering letter stating their time is running out. Also enquire as to where your cheque is. Have they cashed it.

[Dee-UK]

Latest Update

After a hell of a lot of wrangling with HSBC and a huge c*ck up by DHL (who I have to say are 'THE' worst courier I have ever dealt with) I finally got all my information from them, not just a piddly amount either - a full box worth! i've yet to go through it all and I know it will take me ages.

 

In the meantime I think the next step for me is to get my credit agreements and terms and conditions of the PPI at the time of loan.

 

While this is routing its way to and from them, I was wanting to work out how much ppi they have had and what contractual interest i might charge them for it, i can't find the spreadsheets on here though, will someone point me in the right direction please? thanks.

 

I'll keep you posted and i'm sure I'll be asking for help again soon!

 

Dee x

[Dee-UK]

Hi again, I need help please!

 

 

It relates to the credit agreement letter I sent for my current loan and 2 previous loans, 3 total, this bit:

 

"We understand that under the Consumer Credit Act 1974 (Sections 77-79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £3.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreements should be supplied within

12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act."

 

They've only sent me middle one, not my current one or the first one - and the 12 working days are up?

 

What does it mean for me, or them? does it give me clout in my case?

 

I've still not had my terms and conditions from any of them either and I really need those to confirm mis-selling!

 

Thanks alot!!

[Dee-UK]

I have another question, i'm a bit dim when it comes to math, so was wondering how i can work out what i've paid and what to claim back?

 

:confused:

 

please will someone help me work it out, it will help me with the others (if or when i get them!)

 

This is what i got off my credit agreement (the only one they sent!):

 

amount of loan (ppi): £1,020

total charge for credit: £403.05 (14.9% APR)

Total payable under agreement: £1423.05

 

initial repayment: £24.16

59 monthly repayments: £23.71

Date of first repayment: 1st march 2002

 

The loan was opened 31 january 2002 and closed 18 january 2006.

 

The loan was for £4,400 +the £1,020 ppi (£5,420) plus interest

 

Dee

[Dee-UK]

does no one want to help?

[hellhasnofury]

does no one want to help?

 

 

Hello Dee-UK,

 

You poor thing, your thread must have got lost on the forum.

 

I will have a look at the figures for you a bit later, I have to go out for a bit.

 

You will have to learn to be cheeky and bump it up or pm someone to help:D

[alanfromderby]

You can claim the PPI plus the interest (£1020 + £403.05) from the date of the agreement. You can use one of the spreadsheet templates (Bank Template Library) to do that calculation for you.

 

To answer your question re CCA request - if they fail to supply documents after 12 working days you can stop payments, and they cannot take any enforcement action until they do supply the agreements - for more information on this have a look in the debt forum.

[hellhasnofury]

Hello Dee-uk,

 

It looks like it was a up-front single premium that you paid for. If you calculate £1,423.05 (which is the ppi and the interest they charged on top) at the statutory 8% from 31/01/2002 you are looking at another £667.47 on top of it. Try it yourself on the calculation spreadsheets that Alan has suggested. I use the advanced excel spreadsheet.

 

Now on your post with the calculations you have put the APR, do you know what the actual interest rate was that they applied to the loan.

[Dee-UK]

hi all, thanks for helping me i really have had not time to tackle this again until now. 'hellhasnofury' i don't know the APR unfortunately, i will try and work out what alan has suggested with this one.

 

they still haven't supplied me the other 2 credit agreements, including the one I have now, does this mean they have committed an offence and I don't have to pay it anymore?? or am i being silly.!

 

ALSO

 

The date if this loan was 31st jan 02 to 17 jan 06 ( date it was paid off) so can i still claim 8% upto now or upto that date?

 

thanks!

[hellhasnofury]

hi all, thanks for helping me i really have had not time to tackle this again until now. 'hellhasnofury' i don't know the APR unfortunately, i will try and work out what alan has suggested with this one.

 

they still haven't supplied me the other 2 credit agreements, including the one I have now, does this mean they have committed an offence and I don't have to pay it anymore?? or am i being silly.!

 

ALSO

 

The date if this loan was 31st jan 02 to 17 jan 06 ( date it was paid off) so can i still claim 8% upto now or upto that date?

 

thanks!

 

Hello Dee,

 

Hope you are well. Your questions;)

 

If you have sent a request for a copy of your true credit agreement under section 77/78 of the cca, and they have not complied within the statutory time limits, you are well withing your legal rights, not to make any payments to them, as the account in in legal dispute.

 

But please be warned that this may not without consequence. You need to gain more information regarding this matter. Try the general debt forum, there is loads of info relating to consumer issues. At the end of the day it will be your choice.

 

You can actually use this to your advantage, if they cannot provide the ca that shows you agreed to ppi:D

 

Regarding the interest you want to reclaim, it is from the date of the loan to now. They have deprived you of this money and you deserve recompence

[dharnwell]

ah great thanks for that, i'll be back soon with an update

[Dee-UK]

Can any one help me out, i'm ready to rock and roll...

 

I've still not received the all the cc agreements, but i have worked out how much ppi and interest i've paid on all 3 as the information was within all my personal information hsbc sent me - so want to move forward.

 

I'm ready to ask for my ppi back plus interest paid plus 8% interest on all 3 loans, however i'm stumped does anyone know where a template initial request letter for misselling is for pre existing medical conditions, because I can't find one?

[hellhasnofury]

Hello Dee-UK,

 

You've been a busy bee:D

 

As regarding a template letter for pre-existing medical condition, I don't think there is one unfortunately. There are a few prelim letters kicking about, you can just amend one of them and add your reasons for mis-selling ie pre-existing med conditions.

 

Found this maybe have a look at reidnets template letter, I think he added a bit about MC

 

PPI - Some Notes for Claimants..

 

You can post up your letter for comments, before you send it, if you like.

[Dee-UK]

lol, i'm not very good at these types of letters but i'll give it a go and post it for advice, thanks ;-)

[visiteach2]

Advice please regarding another situation with HSBC. My daughter had an agreed overdarft with HSBC whilst at university. It was being paid back in small monthly amounts but has now been passed to DCA. They say as it is an overdraft it is not covered by CCA and have threatened court action. Are they correct? What can she do?

[jowalshy]

Hi visiteach. It might be best to start your own thread in this forum. Just click on the button below and give as much detail as poss:-

 

 

This way answers to the OP on this thread won't get confused with answers given to you.

[Dee-UK]

Hi all. I have recieved my judgement letter after the prelim. They are saying that they do not agree with me the fact that the member of staff did not ask me about any previous medical conditions when the policies we're sold and therfore do not 'support my complaint'. and that I can take it to the FOS if I don't agree with their decision.

 

um, what can I do now??

is that it after all that am I stuck having paid out all the that ppi when it wouldn't cover me??

 

can anyone tell me what to do now please?