PPI Credit Card - Couple Of Quick Queries...

[retro.kid]

Hi there

First time poster, so be gentle :-)

Scenario... RBS Credit Card since October 2003. Been paying, and still paying Card Protection on this account every month.

- Card payments all met on time - no defaults.
- Never claimed on PPI
- I have all my statements from day 1 in an arch lever binder. I'm a bit of a hoarder when it comes to paperwork
- I have the original agreement and subsequent agreements

Q's...

1. I vaguely recall a meeting with the bank around this time - as i was going for my first house and doing a financial review. I was advised on the RBS credit card and it was strongly recommended i take out the protection. But i cannot remember the exact wordings of the conversation, or the dates? Would this go against me? It says the application was made online, but i cannot remember doing this - I'm almost positive i done the application in-branch.
2. Now... On my first agreement it says on it 'Card Holder Protection - Accepted'. How can i remember whether the website was an opt in or an opt out?
2. On my second and subsequent agreements for the same account (replacement cards etc), the card holder protection is NOT ticked.... I have these in my folder.
3. Although i have all my agreements and statements, i cannot find the terms and conditions for the PPI i signed up to in 2003 anywhere. I want to check things on it like pre established illness (i did have a medical history back then) and how long the PPI paid out for (i had and still have 6 months full pay and 6 months half pay by default with my employer. I also had savings aside). What's the best way to obtain a copy of these terms and conditions?

Many thanks in advance.

[di30]

Re: PPI Credit Card - Couple Of Quick Queries...

Hi there

First time poster, so be gentle :-)

Scenario... RBS Credit Card since October 2003. Been paying, and still paying Card Protection on this account every month.

- Card payments all met on time - no defaults.
- Never claimed on PPI
- I have all my statements from day 1 in an arch lever binder. I'm a bit of a hoarder when it comes to paperwork
- I have the original agreement and subsequent agreements

Q's...

1. I vaguely recall a meeting with the bank around this time - as i was going for my first house and doing a financial review. I was advised on the RBS credit card and it was strongly recommended i take out the protection. But i cannot remember the exact wordings of the conversation, or the dates? Would this go against me? It says the application was made online, but i cannot remember doing this - I'm almost positive i done the application in-branch.
2. Now... On my first agreement it says on it 'Card Holder Protection - Accepted'. How can i remember whether the website was an opt in or an opt out?
2. On my second and subsequent agreements for the same account (replacement cards etc), the card holder protection is NOT ticked.... I have these in my folder.
3. Although i have all my agreements and statements, i cannot find the terms and conditions for the PPI i signed up to in 2003 anywhere. I want to check things on it like pre established illness (i did have a medical history back then) and how long the PPI paid out for (i had and still have 6 months full pay and 6 months half pay by default with my employer. I also had savings aside). What's the best way to obtain a copy of these terms and conditions?

Many thanks in advance.

Hi and welcome
Sometimes it pays to hoard the paperwork lol! So you done the right thing in this respect.

You could try finding out how it was sold to you by requesting a Subject Access Request (SAR) this may enclose details of how it was sold to you, and they may send other useful as well to help your complaint. Despite the fact that you have the main of the paperwork.

In regards of the agreement was it bank computer ticked/crossed or manually crossed for the ppi?
The fact that you said you had cover in place by your employer at the time you taken this out, you can also bring this in to your complaint.
Also - if you had any pre medication conditions at the time you taken this out, you would not be able to make a successful claim for that particular reason, if this applies to you, you also add this to the complaint.
There are lots of reasons that may apply to you, so it doesnt matter how it was sold to you, but it may still help if you know if it was sold in branch or not, as it's quite possible when they done the application with you, they marked out the main areas of the form when to sign etc....

If you wish to do a SAR, one of us will be happy to post up the template letter.
With this SAR request, they have up to 40 calendar days to comply, and you enclose the one payment of £10 cheque or postal order.
Hopefully they may still hold the information on how it was sold to you etc.
You should send the SAR to their Data protection dept, if you do not know the address, contact RBS who will provide the details to you, or check on their website.

You can however, ask them to send you a copy of the T&C's without the need of sending the SAR, as they should provide this to you free of charge.

You can still continue to make a complaint to the bank/business with your reasons, or if you wish wait for the T&C's first.

Hope this helps.

Please let us know if you require the SAR template letter, cheers. ;-)

[retro.kid]

Re: PPI Credit Card - Couple Of Quick Queries...

Dizzy D.

Thank you so much for the advice.

I have to admit i've been putting this off as i'm nervous but decided i have to do this now, got nothing to lose - so going to do it this week.

Could you point me in the direction of SAR Template?

Incidentally - this week i received letters from RBS and Nationwide telling me PPI may have been mis-sold on my loans - but no mention of Credit Card.

As to the agreement - it simply says at the top "Card Payment Protection - Accepted".

Not holding much hope fighting a giant like RBS, but i'll give it my best shot.

Thanks again for your help.

[di30]

Re: PPI Credit Card - Couple Of Quick Queries...

Hiya

so sorry for the delay and will dig out a SAR for you now ;-) You will be fine dont worry x

Looks like you've had some success up to now then well done! It's quite possible the credit card ppi is complaint is being dealt with separate to that of loan ppi. How long ago did you send the credit card complaint? If over 8 weeks, send a letter to remind them or email.

Do give it a go, as said you've nothing to lose, but stand your grouund, everyone else are as a right doing the same thing :-)

[di30]

Re: PPI Credit Card - Couple Of Quick Queries...

SAR as promised, if you bank or banked with them by putting in your banking account number should cover everything you taken out with them, but if no bank account just use account number of the policy where you are requesting for the data on the account.
(Bill, is there another SAR on the site as well please, of do you think this one should be ok)? thanks x

.................................................. .................................................. ............................................

YOUR ADDRESS
YOUR POST TOWN
YOUR POSTCODE

BANKS NAME
BANKS ADDRESS
BANKS POSTCODE

Date

Account No: XXXXXXXX Sort Code: XX XX XX

Dear Sir/Madam

Please send me all data that your company holds relating to my entire account history. Please include details of all transactions, and a copy of the original contract by which this account is/was governed at the time it was opened including all amendments made to the contract terms since opening the account.

I would also like a schedule of all charges & interest applied to my account(s) including details of any instances that required manual intervention. If you are unable to provide this specific information, copy statements will suffice.


All data, including data held on a microfiche must be provided within a reasonable timescale, a maximum of 40 days.


In light of all the recent publicity regards the reclaiming of bank charges, some Banks appear to now only be providing a breakdown of charges in response to all and any Data requests. For the avoidance of doubt I do actually require all information held by yourselves.

It seems a lot of banks are also wrongly interpreting the Data Protection Act (DPA) 1998 as a requirement to only disclose six years worth of personal data, and this is also wholly wrong. The DPA clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all. If you no longer hold data beyond 6 years however, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.

Whilst not exhaustive and for the avoidance of doubt I shall list what I require:

* Full copies of all contracts that exist between myself and your organisation; including copies of any documents you hold in support of same.

* Copies of all statements relating to the above accounts.

* 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.

* Copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.

* 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.

* Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

* Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

*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 same, and at the time it was held or provided to a third party.

* Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, reason for deletion, 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.

I enclose the maximum statutory fee of £10.

You have 40 days to comply with this request.

If you fail to comply fully I shall enter a formal complaint with the Information Commissioners Office which could result in a fine and prosecution.




Yours faithfully,

[Bill-K]

Re: PPI Credit Card - Couple Of Quick Queries...

Hi Retro.Kid, and welcome to you - I'm sure our Di has been gentle with you !!!

There are a few DSAR letters about, but I think Di's one as posted earlier is at least as good as most. The one I use is here:-

[ 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.

[di30]

Re: PPI Credit Card - Couple Of Quick Queries...

Thank you Bill x ;-)

[gillwall]

Re: PPI Credit Card - Couple Of Quick Queries...

HI Di and Bill

Exellent templates Sorry dont mean to hijack your thread!!!
Would this leter be ok in obaainting information in regards to theunfair charges applied to my ge accounts.
As I noted on another thread Ge have not mentioned this in the redress.

Im not sure how to start the letter saying i will not accept their offer, any ideas please.

Good luck reto-kid

[Bill-K]

Re: PPI Credit Card - Couple Of Quick Queries...

Yes - a DSAR is a formal Request for Access to copies of ALL the data which a firm has pertaining to you, the Data Subject. It is not specifically related to any claim or other action, so it will be the same request - no matter what your reason is for making it.

Generally, the lender will not offer to refund any penalty charges made as a result of the mis-sold PPI premiums, nor any other financial loss which was a consequence of the PPI mis-selling. Claiming the penalty charges at the same time as the PPI can sometimes yield a result, but is often challenged by the lender. This aspect of PPI reclaiming is currently being looked at by myself and the team in LB's companion forum PenaltyActionGroup.co.uk

If you are intending to pursue penalty charges, then I would suggest sending something like:

" Thank you for your offer of redress of XX/XX/XX. Unfortunately, there was insufficient detail as to how this was calculated for me to make an informed decision on whether to accept the offer or not. There was no mention of the penalty charges which would not have been debited if the PPI had not been sold to me, and these should also be a part of the redress. I therefore request that you send me a full explanation of your calculations as directed by the FSA in the PPI Redress Handbook contained within FSA Policy Statement PS 10/12, which states:

DISP APP 3.9.4 - The firm should make any offer of redress to the complainant in a fair and balanced way. In particular, the firm should explain clearly to the complainant the basis for the redress offered including how any compensation is calculated and, where relevant, the rescheduling of the loan, and the consequences of accepting the offer of redress.

DISP APP 3.7.2 - Where the firm concludes that the complainant would not have bought the payment protection contract he bought, and the firm is not using the alternative approach to redress (set out in DISP App 3.7.7 E to 3.7.15 E) or other appropriate redress (see DISP App 3.8), the firm should, as far as practicable, put the complainant in the position he would have been if he had not bought any payment protection contract.

Please therefore would you ensure that your offer covers all losses covered by DISP APP 3.7.2, and explain your offer clearly as required by DISP APP 3.9.4. I will then be in a better position to evaluate your offer. "

[gillwall]

Re: PPI Credit Card - Couple Of Quick Queries...

Fantastic Bill
Thank you so much. will keep you updated.
Gill x

[lailadebs]

Re: PPI Credit Card - Couple Of Quick Queries...

Retro kid, RBS have been fantastic with me on my PPI claim and paid me back handsomely without a quibble 2 months ago. In my cover letter that I attached to the FOS standard questionnaire in the first initial communication regarding my complaint I made sure I noted boldly that my complaint is not at all against their commendable service but about the fact I should not have been even offered the PPI on the application form. They responded quickly and paid promptly. Because I am also dealing with them on another claim I realised that the paperwork does go missing at their end and they need to be reminded that there is still the credit card complaint. You do have an extrememly strong case and there shoud
be no reason to reject your claim. They have proven to be very reasnoble lenders and unlike the Halifax and Lloyds they do care about losing their borrowers. Good luck

[daveg]

Re: PPI Credit Card - Couple Of Quick Queries...

hi gill i have been on this ppi crusade for two years and all my dealings with rbs were good, out of all the banks they were the best for repaying money , i got ppi back on c/card,loans,morgage,and o/draft,all without going to fos.
some took 3months and some 18 mths so be patient and you will be rewarded.
good luck i hope you get all your money back.
cheers dave g

[gillwall]

Re: PPI Credit Card - Couple Of Quick Queries...

Thanks daveg
Gill x