PPI and Court

[pompeyfaith]

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

[Angry Cat]

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...

[pompeyfaith]

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 ?

[Maxie Girl]

Re: PPI and Court

Sorry folks for flooding this thread (forum ) with my mates--sent for MaxieGirl who some of you will know

Turbo

Hiya Guys & Girls..

Will be with you all very shortly ok..

Max.xxx

[pompeyfaith]

Re: PPI and Court

Greetings Maxie Girl turboman has been telling me you will be over !!!!!!!!

[di30]

Re: PPI and Court

Hi Maxie babes, missed you.

Hope your okay.
We have lots of catching up to do, but all in your own time.

Welcome back here anyway.

Lots of love

Di
XXXXXX

[WendyB]

Re: PPI and Court

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.
?

Not necessarily. They said that they checked them "in conjunction with their calculation specialists" so they will obviously use this to back up their case. Adjudicaors are meant to adjudicate on all the facts of the case, this doesn't mean they all have to be mathematically gifted, or even mathematically capable. They can't be experts in everything so no doubt have different specialists for different things. That's why, no doubt, they will say that there is no need for the adjudicatir themselves to check as they have, for want if a better term, used expert opinion and reviewed the case in the light of it.

Sorry, I'm not trying to **** on your chips, just looking at it from the point if view of what FOS will say.

[Angry Cat]

Re: PPI and Court

What is legal exemption about data that refers to me ?
[/color][/left]

The matter is with the FOS at the moment: your DSIR/SAR's
However, DPA matters are not within the remit of the FOS.

[Bill-K]

Re: PPI and Court

LOL - I prefer salt and vinegar, Wendy - but I like all things in moderation !!!

Sure - we'll get no end of squirming, but I think we can afford them plenty of rope. Sometimes, the more they squirm - the tighter the knot becomes.

Ooooh yes - I'm into bondage - specially with these critters.

Let's keep inviting them to try and escape, and see how they tighten the knot on themselves.

Chip anybody ? MMMMM...perhaps not....they're a bit soggy, now !!!

Love ya, babes !!!!

[marshallka]

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...

I don't think that anyone can force data going back that far TBH unless you are on about the FOS and the calculations?

[marshallka]

Re: PPI and Court

You can always SAR FOS I guess if you feel they are withholding information

data protection

The Financial Ombudsman Service is covered by the Data Protection Act 1998. This legislation places legal obligations on us when we process personal information about individuals.
We know that the personal and financial circumstances of people who refer complaints to us can be very sensitive, and we handle people's details with care and discretion. We respect the privacy of people who use our service, and we keep personal information about complaints secure and confidential. Where we need to exchange information about complaints with other relevant organisations, we do so with strict regard for the law.
The Data Protection Act allows people to make an application to access the personal information about them that we process as part of our work. Applications for personal information under the Data Protection Act are called "subject access requests" and are dealt with at the Financial Ombudsman Service by our legal team.

http://www.financial-ombudsman.org.u...-requests.html

[marshallka]

Re: PPI and Court

Q: How long should organisations keep data for?The Data Protection Act says that information should be kept for no longer than is necessary. The Act does not specify what a ‘necessary’ period should be for particular information. Each case would be considered on its own merits. If an organisation is obliged to retain data for a given length of time under any other laws, this should be taken into consideration.
For example, financial institutes may have to keep some information for up to six years in accordance with the Financial Services Authority regulations. A sole trader, however, may not need to keep information for longer than a month.

And don't know if this helps

http://www.legislation.gov.uk/ukpga/1998/29/part/IV

[Bill-K]

Re: PPI and Court

Further to Richard Slater's email (post #353) - might I suggest that you email this AND send it by snail-mail, PF ?

...or summat along these lines, anyway...

any use ?

Dear Mr Slater,

Thank you for your response to my recent message, and for looking into my request for a more detailed scrutiny. I appreciate the time and trouble you appear to have taken in doing this. Thank you also for allowing further time with my response. I have been taking advice from my own team of helpers, who have found your response most helpful, in fact. I would be obliged if you could kindly send me a written 'hard copy' version of your response, as I feel my team and I may need this at some future stage.

I note that you confirm that the FOS does not involve itself with the exact calculations of PPI reclaims, and yet the FOS appears to give the impression to claimants that it has done this, thus often encouraging claimants to accept offers which have not actually been checked for accuracy. I would like to suggest, if I may, that the FOS makes it clear that the calculations have not been checked when it suggests that an offer is acceptable.

Although you confirm that the Co-Op have provided the FOS with their calculations, they have NOT provided me - the original claimant - with any. All I have been given is a set of totals and sub-totals, with no details of any calculations whatsoever. Would you please, therefore, be kind enough to send me a copy of the calculations provided to you by the Co-Op, or direct that the Co-Op sends me a copy of them ? I would like to point out that it is the opinion of myself and my team that, until such calculations are provided to the claimant, the offer made should NOT be considered acceptable by the FOS, as the FOS guidelines state that such calculations should be provided as part of the settlement of a claim.

I also feel I should make you aware that there is much concern among PPI mis-selling claimants over the insistence that they sign an acceptance, without caveats or other amendments, and without knowing exactly what they are being instructed to accept. I and my colleagues consider it a ridiculous state of affairs where claimants are being assured by the FOS that what is offered to them is fair and reasonable, and are then instructed to accept the offer without having been told what it is, or how it is calculated - when the FOS has not even checked the figures, itself. I am sure you will understand our concern over this, and I suggest that the FOS reconsiders this aspect of the way it deals with these claims.

I look forward to receiving details of the Co-Op's calculations from whichever source is appropriate, and now await the data I have requested from the Co-Op. Many thanks again for your time and attention.

Yours sincerely,

PF.

[pompeyfaith]

Re: PPI and Court

Nice letter bill shal i wait until turboman and marshalla have read it before sending?

I have just read on sky that the banks have applied for a judicial review over the rules applied to PPI by the FSA now what effect if any will this have on this and claims et al for instance could all claims be put on hold like they were over bank charges? Something we need to find out more and watch its progress me thinks PF

[pompeyfaith]

Re: PPI and Court

i think my claim would make very good evidance for a judicial review given the time it has thus far taken and why the fsa rules are needed and why they need beefing up given the open end offers et al are getting