Should I make a claim or request CC agreement first?

[bublik]

Hello! I've been paying 'Insurance Premium' on my HSBC credit card since 2004. I obtained the card by going to an HSBC branch where I was told by the lady who saw me that I had to take the insurance, it's something that all customers have to take, essentially presenting it to me as if it was a compulsory part of the package. When I asked do I really need to sign up for it if I was in full time employment and not expecting to lose my job. Her response to this was that you should take it just in case. No other explanation was given.

Seeing that I've moved a couple of times since 2994, I don't have the credit card agreement but I have copies of pretty much every single statement since 2004 and I have paid ****load of money.

Since I don't have the copy of the credit card agreement, is it advisable to first request the copy of the agreement or can I make a PPI claim without having the copy of the agreement in my hands?

What should I do? Thanks!

[Bill-K]

Re: Should I make a claim or request CC agreement first?

Hi Bublik, and welcome to you.

You CAN make a claim for mis-sold PPI without having a copy of your agreement, but I always suggest that we gather our evidence BEFORE we show them our cards. So, I would suggest you send a CCA s.77-79 request first, as it only costs £1. It may reveal nothing, but it will prevent any subsequent 'tampering.' Sending a Data Subject Access Request (DSAR) costs £10, and MAY provide further data - but if you have kept your statements then I'm not sure that it may yield any further useful info. It still could, and if your claim is potentially worth a 'sh**-load, then it might still be worth doing. Your call on that - and it can take some time to get all the data, as they have 40 days to start with.

I would personally suggest that you spend the £11 and gather all the evidence that you can. Meanwhile, you can be doing the boring stuff, which involves reading up on how to claim, and of course the tedious task of calculating the amount you expect to be offered in settlement. We can help you with that, though, of course.

[bublik]

Re: Should I make a claim or request CC agreement first?

You CAN make a claim for mis-sold PPI without having a copy of your agreement, but I always suggest that we gather our evidence BEFORE we show them our cards.

Hi Bill-K,

Wow! Such a quick response, thank you. I like the way you are thinking and shall send 2 requests as per your advice.

Thank you!

[Bill-K]

Re: Should I make a claim or request CC agreement first?

LOL - I used to drive a taxi on Saturday nights, so I'm now an old saddo who stays in - and I enjoy the peace and quiet !!! I'm glad we concur with our thoughts. There are some excellent templates here, but here are my own preferred weapons:

[ Your Name & Address ]

[Lender’s Name & Address]
Date:





Dear Sir/Madam
Account No: 000000000000
Please send me a copy of the executed credit agreement pertaining to the above account, along with a current statement of account.

Under Sections 77−79 of the Consumer Credit Act 1974, I am entitled to receive – within 12 working days - a LEGIBLE copy of this credit agreement on request.

I enclose a payment of £1.00 which is the maximum fee payable under the Consumer Credit Act. Please be aware that it is an offence to use this fee for any other purpose, and that to return the fee does not absolve you from your obligation to comply with this request.

Under the Consumer Credit Act, a creditor is unable to lawfully enforce an agreement if they fail to comply with a request for a copy of it under these sections of the Act.

I look forward to receiving this shortly. Thank you in anticipation.


Yours faithfully,



[Sign]


[Print your name ]

Encl: £1.00 fee.

[ Your Name & Address ]

The Data Controller
[ address ] Date:












Dear Sir/Madam
Data Subject Access Request - Pursuant to the Data Protection Act 1998
Data Subject: [ xxx, address as above, and formerly of: ]
Please supply all data that your company holds relating to my entire account history. Whilst not exhaustive, for the avoidance of doubt I list below what I require:
o Full and legible copies of all contracts and agreements that have existed between myself and your organisation, including copies of any documents you hold in support of same. This is to include account no.
o Full and legible copies of all statements relating to the above accounts. This is to include all credits, debits, charges & interest applied to my account(s) including details of any instances that required manual intervention. It is also to include monthly account balances.
o Full and legible copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts.
o Full unedited copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.
o Full and legible copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
o Full details and legible copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.
o Full and legible copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.
o Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of the same, and at the time it was held or provided to a third party.
o If any data has been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or documents confirming details of destruction. If you are unable to provide such certificates, then I require a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
Please be aware that the Data Protection Act 1998 clearly states that all information held must be disclosed and there is no correlation to the Limitation Act 1980 whatsoever. This request therefore lawfully includes any and all data which is older than six years. If you do not hold any data older than 6 years, then I require a signed declaration from your data controller confirming this, and a copy of all documents pertaining to its proper disposal.
All data - including data held on a microfiche or similar systems - must be provided within 40 days, and if you require a fee for this, then I enclose the maximum statutory fee of £10.00 – which must not be used for any other purpose. If you choose to waive all or part of the fee, then please be aware that you will still have a legal obligation to comply with this request. I thank you in anticipation of a prompt and full response and compliance.

Yours faithfully

[ Sign ]



[ Print your name ]

Encl: £10.00 fee.

[bublik]

Re: Should I make a claim or request CC agreement first?

Thank you for the templates, Bill-K.

:-)