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PPI and Court

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  • pompeyfaith
    replied
    Re: PPI and Court

    The CO-OP should, but will probably use the DPA legal exemption rule.


    What is legal exemption about data that refers to me ?

    Leave a comment:


  • Angry Cat
    replied
    Re: PPI and Court

    I hate to say this, but the FOS will not disclose the facts that you require under the DPA.

    The CO-OP should, but will probably use the DPA legal exemption rule.

    Keep prodding...

    Leave a comment:


  • pompeyfaith
    replied
    Re: PPI and Court

    As Marshy says, we just have to wait for the DSAR results now, but we have an extension, so we can keep prodding the FOS and the Co-Op. Can you get that email backed up as a signed letter, PF, as in hard copy, with a signature ?


    I can save it to file yes, but he did not sign it just printed name but I guess that is good enough even in court as it was an email.

    PF

    Leave a comment:


  • pompeyfaith
    replied
    Re: PPI and Court

    PF is there anything re above you have not posted on here?


    Nope everything is posted up.

    PF

    Leave a comment:


  • Bill-K
    replied
    Re: PPI and Court

    As MM has spotted (well done !!!) the Co-Op appear to have supplied the FOS with their calcs, but not you, PF. If they have not done this, then they have not complied with the FOS guideline that says they should have done. Therefore the offer is unacceptable - even in principle - and the Team Manager should be told this IMO. I think this letter may prove quite useful, as we have a handle on teasing some of the bits of info we want out of the FOS, now.

    But yeah, let's ask the Co-Op why they haven't supplied PF with the calculations which they appear to have supplied the FOS with - and demand that they now do so.

    They also appear to have admitted that the adjudication team do NOT check the calculations themselves, which is what we wanted from the earlier letter from 'The Management.' That's a result, I reckon.

    As Marshy says, we just have to wait for the DSAR results now, but we have an extension, so we can keep prodding the FOS and the Co-Op. Can you get that email backed up as a signed letter, PF, as in hard copy, with a signature ?

    Leave a comment:


  • marshallka
    replied
    Re: PPI and Court

    I think it will get resolved once and for all when the settlement statements come through but as regards the old loan if co-op say they have not got records it will probably be where FOS agree and you have to either accept the offer of the repayments (which is more than I got) unless you can find details yourself PF or take it to court in which case the FOS will not get involved anymore and its a risk. No-one can force records on closed loans of that age.

    We do know that Co-op have calculated some figures correctly but there are a few rebates missing for some of the loans (3 loans I think!!) - Loan 1, Loan 2 and Loan 4??? WIthout these figures its difficult to come to a precise conclusion. Hopefully all 3 will turn up OR at least two.

    Leave a comment:


  • middenmess
    replied
    Re: PPI and Court

    However, as you are aware, in this case, we asked the Co-op to make an exception, and to provide us with their calculations in advance of any acceptance by you. They did this, and they have been checked, as mentioned, by our specialists, and we are satisfied that the offer made is fair and reasonable in the circumstances.

    Read more at: PPI and Court - Page 15 - Legal Beagles Consumer Forum

    So no reason why they can't also supply you with them for LB's own ''calculation specialists''

    Leave a comment:


  • Turboman
    replied
    Re: PPI and Court

    Originally posted by pompeyfaith View Post
    Here you go.

    ----------------------------------------------------------------------------------------------------------------------

    Dear Mr C
    Thank you for your e-mail of 6 October sent to my colleague Deeg Ganatra.
    I have noted your request for this matter to be addressed and responded to in detail by a departmental manager. I am Mr Ganatra's team manager. I have reviewed the file and discussed the case in depth with those colleagues who have previously worked on it, and I feel that my input at this stage would not add anything to that which you have already been told. The process adopted by this Service is such that an adjudicator should attempt to resolve any complaint brought by a dissatisfied consumer in an informal manner. If those attempts are unsuccessful, a case can be referred to an ombudsman who will make a binding decision on it. It is not for a team manager to become involved in the adjudication concerning the merits of a case.
    Mr Ganatra has written to you on a number of occasions, and explained why the Co-op's redress calculations were in line with our guidance. Mr Ganatra has reviewed the offer from the Co-op, in conjunction with our calculation specialists, and he is entirely satisfied that this offer is in line with our guidelines. I would also like to explain that this Service generally does not involve itself with the exact calculations carried out by a business, as we tend to make directional awards rather than awards of specific monetary amounts, and we do not look to provide complainants with specific figures in relation to redress calculations. However, as you are aware, in this case, we asked the Co-op to make an exception, and to provide us with their calculations in advance of any acceptance by you. They did this, and they have been checked, as mentioned, by our specialists, and we are satisfied that the offer made is fair and reasonable in the circumstances.
    In light of my comments above, I would ask you complete the acceptance form attached to Mr Ganatra’s letter of 20 September 2010 in order to enable a swift resolution to your case. If you do not agree with his view and do not agree to signing the latest acceptance form (without caveats or other amendments) the complaint will be referred to one of our ombudsmen for a final decision. This will involve the ombudsman reviewing the entire file, and taking into account all the comments and information that have been provided during the course of the investigation. The ombudsman will reach his or her own conclusion, which may be different from our adjudicator's view. I have noted your request for extra time to allow the Co-op to provide you with information following your subject access request, and with that in mind, I would ask that you respond to us by 15 December 2010, although the sooner you are able to provide us with your response, the sooner we will be able to resolve this matter.
    I look forward to your response on this matter.
    Yours sincerely
    Richard Slater
    Usual FOS whitewash--Bill--I presume we just wait for the statements--then ask the Ombudsman to review it--but not yet!!!

    Mr Ganatra has written to you on a number of occasions, and explained why the Co-op's redress calculations were in line with our guidance
    .


    PF is there anything re above you have not posted on here?

    Turbo

    Leave a comment:


  • di30
    replied
    Re: PPI and Court

    Hiya PF

    So I take it they have given you extra time then?
    Normally its a month isn't it?

    Would be useful now if all your docs came though all in good time to get this sorted.

    I am sure that's the same Richard dealing with one of mine.
    ------------------------------- merged -------------------------------
    Originally posted by pompeyfaith View Post
    Right ill leave the above with you all, as I have to take my son to the collage for the open evening as he wants to see there music dept.

    Ill be back around 8ish.

    Take Care all

    PF

    Good luck to your son, hope all goes well, catch you later.

    Di
    X
    Last edited by di30; 7th October 2010, 16:52:PM. Reason: Automerged Doublepost

    Leave a comment:


  • pompeyfaith
    replied
    Re: PPI and Court

    Right ill leave the above with you all, as I have to take my son to the collage for the open evening as he wants to see there music dept.

    Ill be back around 8ish.

    Take Care all

    PF

    Leave a comment:


  • pompeyfaith
    replied
    Re: PPI and Court

    Here you go.

    ----------------------------------------------------------------------------------------------------------------------

    Dear Mr C
    Thank you for your e-mail of 6 October sent to my colleague Deeg Ganatra.
    I have noted your request for this matter to be addressed and responded to in detail by a departmental manager. I am Mr Ganatra's team manager. I have reviewed the file and discussed the case in depth with those colleagues who have previously worked on it, and I feel that my input at this stage would not add anything to that which you have already been told. The process adopted by this Service is such that an adjudicator should attempt to resolve any complaint brought by a dissatisfied consumer in an informal manner. If those attempts are unsuccessful, a case can be referred to an ombudsman who will make a binding decision on it. It is not for a team manager to become involved in the adjudication concerning the merits of a case.
    Mr Ganatra has written to you on a number of occasions, and explained why the Co-op's redress calculations were in line with our guidance. Mr Ganatra has reviewed the offer from the Co-op, in conjunction with our calculation specialists, and he is entirely satisfied that this offer is in line with our guidelines. I would also like to explain that this Service generally does not involve itself with the exact calculations carried out by a business, as we tend to make directional awards rather than awards of specific monetary amounts, and we do not look to provide complainants with specific figures in relation to redress calculations. However, as you are aware, in this case, we asked the Co-op to make an exception, and to provide us with their calculations in advance of any acceptance by you. They did this, and they have been checked, as mentioned, by our specialists, and we are satisfied that the offer made is fair and reasonable in the circumstances.
    In light of my comments above, I would ask you complete the acceptance form attached to Mr Ganatra’s letter of 20 September 2010 in order to enable a swift resolution to your case. If you do not agree with his view and do not agree to signing the latest acceptance form (without caveats or other amendments) the complaint will be referred to one of our ombudsmen for a final decision. This will involve the ombudsman reviewing the entire file, and taking into account all the comments and information that have been provided during the course of the investigation. The ombudsman will reach his or her own conclusion, which may be different from our adjudicator's view. I have noted your request for extra time to allow the Co-op to provide you with information following your subject access request, and with that in mind, I would ask that you respond to us by 15 December 2010, although the sooner you are able to provide us with your response, the sooner we will be able to resolve this matter.
    I look forward to your response on this matter.
    Yours sincerely
    Richard Slater

    Leave a comment:


  • pompeyfaith
    replied
    Re: PPI and Court

    Right just read a reply from the FOS on my mobile soon as i can get on the pc ill copy it here PF

    Leave a comment:


  • di30
    replied
    Re: PPI and Court

    Hi Bill

    That's okay.

    Hope your well.

    Will catch up with Maxie soon then XX

    Leave a comment:


  • Bill-K
    replied
    Re: PPI and Court

    Hi Di - sorry if I missed your post, matey. Nice to see you.

    I'm not sure we'll see Maxie yet, as I believe she is having to take some time off right now. Be nice to see her when she can get back in, though.

    Leave a comment:


  • di30
    replied
    Re: PPI and Court

    Of course I know our Maxie-girl.

    You found her then Turbo.....:cheer2: cool

    Welcome aboard honey. XXXXX

    Leave a comment:

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