PPI and Court

[WendyB]

Re: PPI and Court

Sounds like a plan
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but what's the possibility of the ICO re-opening your previous complaint AND getting it sorted by the 15th December??

[pompeyfaith]

Re: PPI and Court

Ok I am going to forward a last chance letter to the bank giving then a further 2 weeks to comply.

I will also forward a letter to the FOS stating that they have not complied with my lawful request so as such I need a further extension to the 15th December you quoted.

If I still do not get a response I will do as angry cat said and ask the ICO to re-open my last complaint given the time restraints I am under.

How does that sound to you all.

More than Fair I think.

[WendyB]

Re: PPI and Court

But the point is, how long are they required to keep it for? If that time has passed, then surely they could say they hadn't got it even if they had and nothing could be done about it.

[pompeyfaith]

Re: PPI and Court

Funny also how they said they did not have the agreement, but went I called there bluff and sent a second request it mysteriously turned up.

[marshallka]

Re: PPI and Court

I believe money laundering regs require the records to back a bit longer but even then isn't it only if there is suspicious activity which gives rise to it?

.

Isn't it 5 years for money laundering or is it longer?

[WendyB]

Re: PPI and Court

I believe money laundering regs require the records to back a bit longer but even then isn't it only if there is suspicious activity which gives rise to it?

Yes it is odd how they suddenly find misplaced docs at the last moment.

But what is the answer to my question - how long do they have to keep the docs for? This original paperwork is now 11 years old - would they legally be required to keep it for this long? If not, then the ICO, Court and any higher power you care to mention won't be able to make them produce it.

[Angry Cat]

Re: PPI and Court

How long are they actually supposed to keep records for? What if they really really haven't got them?


What if the Judge says "oh well that's all very well Mr Pompey but they offered you xxxx, then offered you some more, the FOS think it's fair, you've been given an extension of time, Co-Op haven't complied but on the balance of probibilities I believe them when they say they can't find the documents. You've been offered a decent amount of redress, I think you're being vexatious in bringing this claim"

Don't be a martyr to the cause PF, cos the problem is with martyrs, you usually have to be dead to be one......

Err, what about the money laundering Regs!?

And, funny how these banks suddenly find lost/misplaced documents, right at the last moment in court...

However, I do agree with WendyB in that, the court could view you as being unreasonable.

In these matters, always best to get the ICO involved; show the court that you have and are doing everything to resolve matters.

[marshallka]

Re: PPI and Court

If the courts can force records going back further than the 6 (maybe 7) years that they have to keep for tax reasons then surely that would open up to everyone (going back infinity)....what legalisation would a court use to force the records? I thought that would come under the ICO and the data protection act? Maybe I am wrong and happy to be corrected here. As Turbo said earlier in the thread perhaps Di30 will know more?????

[WendyB]

Re: PPI and Court

How long are they actually supposed to keep records for? What if they really really haven't got them?

What if the Judge says "oh well that's all very well Mr Pompey but they offered you xxxx, then offered you some more, the FOS think it's fair, you've been given an extension of time, Co-Op haven't complied but on the balance of probibilities I believe them when they say they can't find the documents. You've been offered a decent amount of redress, I think you're being vexatious in bringing this claim"

Don't be a martyr to the cause PF, cos the problem is with martyrs, you usually have to be dead to be one......

Re: PPI and Court

Maybe follow ACs advice and get the ICO to re-open their case? Amazing to think the bank have simply "lost" the data on the first loan. That's one difference between the Co-Op and Egg; Egg just refused to send the information on my first loan, but when I got that info it blew open what they had done with the PPI on that first loan, which, as Turbs says above, created a "consequential loss" on loan 2 (which had no PPI!).

Question for you is, how much is at stake ref loan 1? But how the heck can you know that without the missing data?

Depends on your attitude to risk. Turbs is right about the creditors withdrawing goodwill offers, which Egg have done on my loan 1. All gambled on FOS delivering on the "consequntial loss" issue now... so its **** or bust for me I guess.
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A little unfair in your comment about "no-one else out there rooting for us" Debt star if that includes people on here that have helped.

Some people spend time looking into these things all for FREE. We have rooted for PF and Turbo has spent lots of time and effort in getting these SS correct for others to get their redress's checked. IF these claims are then passed onto solicitors then half the work is already done here for them as they would also have to check the redress's.

I think you've completely misunderstood me.

I am saying that you, we, everyone here is rooting for one another.

If I worded that in an obtuse way I apologise but I was certainly not saying anything negative about you or Turbs. Turbs helps me with my Egg PPI and is certainly rooting for us!

[marshallka]

Re: PPI and Court

A little unfair in your comment about "no-one else out there rooting for us" Debt star if that includes people on here that have helped.

Some people spend time looking into these things all for FREE. We have rooted for PF and Turbo has spent lots of time and effort in getting these SS correct for others to get their redress's checked. IF these claims are then passed onto solicitors then half the work is already done here for them as they would also have to check the redress's.

[pompeyfaith]

Re: PPI and Court

Debt Star,

Thank You but I know Turbo and Marshy are on my side if anything I should be apologising to them both as Turbs must be pulling his hair out by now, sorry turbs, marshy.

I knew right from the start along this rocky road that the first loan was going to be the one that will cause all the hassle.

But lets look at it this way if the Co-op do not have records as they say despite me having the calculation sheets which states no settlement was given.

The judge will go on probabilities right, well being as a settlement was given on the other 8 loans as stated on the calculation sheets the judge will come to the conclusion that a settlement should have been given on the first loan and will be wondering why and indeed will find out why no such figures are stated on the first loan calculation sheets.
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The judge will also no doubt state that with the figures you already have as per the calculation sheets it is not rocket science to work out what that settlement should have been.
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Anyway it is definitely worth seeing what the law profession have to say.

Re: PPI and Court

Whoa! PF needs time to make up his mind up and reflect on stuff Turbs. He's said he is going to post up detail & explain exactly what has been going on and will presumably explain why there might be more to this. He will appreciate your concern and kindnesses since, like everyone else on these forums, we need to "chat" through these issues. 'Cos lets face it, there aint anyone else out there rootin' for us.

[pompeyfaith]

Re: PPI and Court

Ill say it again then, please someone tell me why they returned my SAR in July 2008 ?

Please someone tell me why They have not responded at all to this latest SAR despite the FOS saying it is being dealt with.

Please someone tell me why they did not send first agreement on my first request for copies but on a second letter the first agreement was enclosed after they had said the agreement was not available as they do not keep agreements longer than 6 years.

Please someone tell me why when they said no redress could be offered on the first loan because no proof of payments can be found.

Please someone tell me why they backtrack on the above comment when I pointed out if that was the case why did you offer me a further 8 loans if you say no payments where made to the first loan.

Please someone tell me how they know 14 payments were made if they have no record and furthermore how can they make even a goodwill offer without records.

Ian fact just looking at those calculation sheets again and everyone states the early settlement figures bar the first one.

So I will take that as no settlement was given on the loan or the PPI which is totally wrong and they are trying to avoid this one for one reason only because of the cost to them indeed I have been royally ripped off so why should I take it.

They stating that they are not sure if a settlement was given or not is not good enough they now that one was not given for sure.

And I am totally p***** off that the FOS will let them get away with this.

Sorry just too coincidental that the settlement figures would be on all the other 8 loan calculation sheets but not the first one.

[Turboman]

Re: PPI and Court

If PF is after consquential loss what are his consequential losses????


As I see things from watching the thread OTR and then here, PF made a complaint to Co-op for just his PPI being missold. He was some time later offered redress for all but one of the loans. This redress was at the time correct BUT OTR he was told it should be nearer 20K (I think!!). It was then that PF made a complaint to FOS and FOS agreed the redress again. It was then it was taken to the Ombudsman who again agreed the complaint had been handled correctly BUT at thi point he was offered the payments made on the first loan (which was years ago) although they did not have paperwork. PF had once tried to get a SAR but it was not complied with. He then made another request and is still waiting. IF the SAR is complied with and does contain the statements (like the one I sent to you in PM Turbo) then he can finally put to rest. Most people do not have their actual paperwork to that extent when they are offered a redress but most accept.

I think we are flogging dead horse here Marshy---You can lead a horse to water, but you can't make........