RE: Miss sold PPI Advice

[S Mac]

Hi was wondering if anybody on the forum has had dealings with Halifax Card services. My partner took out a visa card about 12 years ago and does not have any paperwork concerned with the application. She says that she cant even remember signing for it. and thik it just came through the post. My partner is type 1 diabetic and has never made a claim but i know if she did make a claim it would be nil and void due to being a pre-existing medical condition. The card insurance is added to the outstanding ballence every month so they are claiming intrest on that aswell. Seems unfair is it right.

Q1. Do you think i have a case for miss selling.
Q2. Can i submit a SAR request for this account paperwork after 12 years.
Q3. If she puts in a claim for miss selling will she have to cancell the PPI first.
Any other advice would be appreciated.

May Thanks.
Steve.

[WhichAction]

Re: Miss sold PPI Advice

Hi Steve,

It sounds like, if your partner was not told about PPI not covering pre-existing medical conditions, you have pretty good grounds for a claim.

I don't think you have to cancel the PPI before you make a claim but if it's costing you then it's probably a good idea to cancel it.

We've got a guide here on how to reclaim PPI (you don't need to use a company to claim on your behalf - it's pretty easy to do it yourself for free, and we've built a tool to help you).

In short: good luck!

Nikki Whiteman (WhichAction - part of the consumer rights org Which?)

[di30]

Re: Miss sold PPI Advice

Hi was wondering if anybody on the forum has had dealings with Halifax Card services. My partner took out a visa card about 12 years ago and does not have any paperwork concerned with the application. She says that she cant even remember signing for it. and thik it just came through the post. My partner is type 1 diabetic and has never made a claim but i know if she did make a claim it would be nil and void due to being a pre-existing medical condition. The card insurance is added to the outstanding ballence every month so they are claiming intrest on that aswell. Seems unfair is it right.

Q1. Do you think i have a case for miss selling.
Q2. Can i submit a SAR request for this account paperwork after 12 years.
Q3. If she puts in a claim for miss selling will she have to cancell the PPI first.
Any other advice would be appreciated.

May Thanks.
Steve.

Hi Steve and welcome

Yes I think there is a case here for being mis sold, due to what you have said.

You can try requesting for a SAR and see what comes back, if the account is still active then its possibly they may still hold all the details on that account.

She can cancel at anytime and normally they would expect you to cancel, and yes the interest keeps adding up to.

I would therefore give it a go, if you require further help, please feel free to ask, there are plenty of us here that can help.

[S Mac]

Re: Miss sold PPI Advice

Hi Thanks for the advice. Do you have any idea where i can get a SAR template from tried searching forum but nothing here.
Kind Regards.
Steve

[di30]

Re: Miss sold PPI Advice

Hi there, I will check this out, or get someone to post it to you as soon as.

[di30]

Re: Miss sold PPI Advice

I have not used a SAR on this site before, but have left a message, so hopefully you will receive this soon. x

[pompeyfaith]

Re: Miss sold PPI Advice

This maybe of use to you:

http://www.halifax.co.uk/HelpCentre/ppi-complaints/

Be mindful though that any Ex-Gratia payment will full short of your true entitlement, but I believe that the wholesale offering of Ex-Gratia payments does weaken the halifax and proves that they have many mis-sold policies out there and is put in place as a damage limitation exercise.

At the end of the day it is your call how you wish to proceed.

Good Luck

[di30]

Re: Miss sold PPI Advice

PF, your here, lol, please do you know where the SAR? thanks hun, i used a copy of one i had some time ago but its not on here though.

[pompeyfaith]

Re: Miss sold PPI Advice

I have never used templates and prefer to use my own.

I believe there are some on the which and various other forums, but I strongly suggest these are a base to start and should always be customized to suit your own particular circumstances.

[di30]

Re: Miss sold PPI Advice

I agree PF, and if there is one its best to use own words as much as possible, but to ensure nothing is missed.

There is one from OTR, sure they won't mind me posting it, but it will give you some sort of an idea, and you do not have to write absolutely everything, only write and tweak to what you require, so maybe this will help.

DATA PROTECTION ACT 1998
SUBJECT ACCESS REQUEST

Date: xxxxxx

Dear Sir/Madam
Name xxxxxxxxxxxx
Account No’sXXXXXXXXXXXXXXXXXX


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 cards accounts

I would be grateful if you would provide the following for ALL accounts or associated accounts I hold or have held with your organisation:

1. Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.
2. A complete list of all transactions or statements relating to ALL of my Loan Accounts with your organisation.
3. 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.
4. 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.
5. 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.
6. 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.
7. Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my account.

Where you have used abbreviations and/or codes, I would request that an accompanying sheet be provided so as to translate these abbreviations and/or codes and their meanings, I also request an accompanying appendices of the documents included and reference to the purpose or meaning to those documents.

I request that you provide all the information requested above, even though you may consider that it falls outside Data Protection.

I reserve the right to refer to the contents of this letter if an application for pre-action discovery is necessary relating to any of the documents requested herein.

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

IF YOU ARE 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.

Your Faithfully.

[debtisbad]

Re: Miss sold PPI Advice

I was misold PPI by Abbey National for their credit card in 1999 but had a successful claim last year. I used a simple template letter, such as the ones mentioned on this thread, and adjusted them with my own details. In your own case, the miselling is clear. There was an pre-existing medical condition that would stop any claim being paid.

Just to warn you what Abbey did to me, in case your own card company use equally dirty tricks.

Firstly, they lied by saying that I had not been misold, but then could produce no paperork dating back to 199, so how could they know what was said at the time of application in relation to the selling of the policy.

They also said that the FOS would not look at my claim since it was too old.

However, I sent the reply from Abbey to the FOS. After a brief exchange of emails with the FOS to clarify some further information, there was a delay of about 8 months after which the Abbey were forced to pay me due to misselling. This consisted of payment refunds, interest at 8% per year in line with county court claims, plus compensation!

I strongly advise that you pursue your credit card immediately. get it all in writing. When they reject your claim, make an application to the FOS. It will take a few months but well worth the wait.

With regard to continuing paying the premiums, why bother if you will never get a pay out anyway? I would cancel.

[S Mac]

Re: Miss sold PPI Advice

Thanks fot the advice. The only spanner in the works is that she does not have any paperwork for the credit card and cant remember having signed anything with them. they my come back and say they have no documentation for it being 12 years ago. Do you think they will still have paperwork as she still has the card.
Kind Regards.
Steve

[di30]

Re: Miss sold PPI Advice

Hiya

Some have continued with a reclaim with not having much or any details apart from an account number, so if you still have those, and knew ppi was added and mis sold, give it a go anyway on the reclaiming, sometimes they tend to suddenly come up with some details of the account.

So a Subject access request (SAR) was requested for then, with an enclosed payment of £10 cheque of postal order, when asked for details of the account?

If the account is still active even if it was first opened 12 years ago, they should hold details from at least the last 6 years.

If the account is settled, how long ago was that? cheers.

[Turboman]

Re: Miss sold PPI Advice

PF, your here, lol, please do you know where the SAR? thanks hun, i used a copy of one i had some time ago but its not on here though.

Di

I asked in Chatbox yesterday (for you hun) --Amy pointed me towards the one in Bailiffs section

I know you are being diplomatic Di ---as you & me know where all the best SAR /CCA request templates are located across most of the sites ---and indeed I think Bill has posted one already here somewhere--I will work with you off site in the next 2 days (Gmail hun-lol)--and together we will devise an SAR using all our experiences of all the sites and make sure we incorporate all the current info in each site---and then post it up by Sat morning for perusal by the LB mods here hun---so stop pussyfooting about and trying to be diplomatic!!-

[di30]

Re: Miss sold PPI Advice

Di

I asked in Chatbox yesterday (for you hun) --Amy pointed me towards the one in Bailiffs section

I know you are being diplomatic Di ---as you & me know where all the best SAR /CCA request templates are located across most of the sites ---and indeed I think Bill has posted one already here somewhere--I will work with you off site in the next 2 days (Gmail hun-lol)--and together we will devise an SAR using all our experiences of all the sites and make sure we incorporate all the current info in each site---and then post it up by Sat morning for perusal by the LB mods here hun---so stop pussyfooting about and trying to be diplomatic!!-

LOL yeah that is a good idea Turbo, agreed matie, and sorry i missed your in chatbox.