Responding to my Bank

[Kojak]

Hi

This is my first post and appologies if my question has previously been asked but my question surrounds my PPI claim with Lloyds.

I have made a recent claim with LLoyds for 5 policies for which i believe i was missold PPI for and which stem back to 1999 onwards.

As i had no original policy information/documents relating to these policies i enquired and they confirmed that i had indeed had 5 policies with them and that they would send me a claims form which i duly completed and returned.

Since then I recieved 2 telephone calls asking to discuss the claim, Both at time when i was at work therefore i asked them to ring back at alternative time.

I wasn't sure what the purpose of this call was but they never contacted me again until this morning when i recieved my decision letter.

They have stated in the letter that loan 1 was upheld and that due to them no longer having any detailed records relating to the loan and in the absence of them they have stated "in a genuine attempt to resolve your complaint our offer for this loan is equal to our average compensatory payment, we believe that an average payment methid in cases such as yours is fair and reasonable" they have therefore stated a payment of £1015 + 8% interest less tax =£1615.

On all the other 4 loans which go back to c 1999 they have stated that they have considered all aspects of the suitability of the policy including value for money/refinanced or repaid loans and that i was made aware of the optional nature of the PPI policy and that the PPI didn't improve the chances of your loan application being accepted.

I cannot understand how they can pay out on a loan which they have no evidence or documentation for but defend the 4 for which i was missold?

Could you someone advise where i stand in terms of what i should do next in terms of rejecting their offer?

Is this standard practice for banks to rebuff claims offering a small degree of compensation?

Any advice as to how best i proceed would be much appreciated?

[di30]

Re: Responding to my Bank

Hi and welcome

I would contact them in writing or email, tell them your not happy with the outcome of the 4 loan accounts on the PPI and you would like to see some concrete evidence in how they come to that decision, you want written evidental proof of.
May I ask if you have the paperwork for any of these loans?

If not did you try sending a Subject Access Request (SAR) to request for your paperwork of all accounts held with them?

I remember being told that they could not track down info going back so much time, then when I requested a SAR to their data dept, they sent me info going all the way back to the mid 90's.
It may also be worthwhile calling into your local branch, if you still bank with them, or used to bank with them and have the banking account number they may find details on systems.

I would though ask them to review the other 4 accounts by telling them your not happy with the outcome, as you have genuine grounds to have made the complaint to reclaim in the first place, and as stated above ask them to provide evidence to prove their decision they made to reject them. Also make them aware of the phone calls.

You could email them and copy an email on to the CEO the same time, however, since Lloyds are not Lloyds TSB any longer, emails may have changed, but I have these here:

antonio.osorio@lloydsbanking.com (CEO)

ppi.customer.relations@lloydstsb.co.uk

customer.care.insurance@lloydstsb.co.uk

Good luck, if this fails again, then move on to the FOS.

[Kojak]

Re: Responding to my Bank

Hi Di

Thanks for your advice?

I don't have any paperwork only the account numbers, would you therefore suggest that i send one combined letter requesting a SAR to be provided and in the same letter asking them to review the 4 other accounts?

Will the SAR provide me with the data to calculate how long i had PPI and how much etc to enable me to work out how much potentially was paid out during the period of the loans?

Would you be able to send me a link for the necessary SAR request and letter template i could use to write to the bank?

Many thanks again for your help?

[di30]

Re: Responding to my Bank

Hi Di

Thanks for your advice?

I don't have any paperwork only the account numbers, would you therefore suggest that i send one combined letter requesting a SAR to be provided and in the same letter asking them to review the 4 other accounts?

Will the SAR provide me with the data to calculate how long i had PPI and how much etc to enable me to work out how much potentially was paid out during the period of the loans?

Would you be able to send me a link for the necessary SAR request and letter template i could use to write to the bank?

Many thanks again for your help?

Hi there

I shall post you a template of a SAR now to you once I dig it out.
If you wish to request a SAR and you banked with Lloyds, they should by applying your banking account number alone provide you with everything they still hold on all accounts taken out with them, for eg, loans, credit cards and so on etc.....

If no banking number then apply all account numbers at the top of the SAR.

It can vary with what they send, but there should be details of settlement figures, loan account numbers etc. Hopefully they will provide breakdowns on statements which they did with most of mine.

Before I post up a SAR, you enclose just the one off payment of £10 to cover for everything under a SAR for all your details, and they have up to 40 calendar days to comply, if you've not received any info by then, you send them a reminder for about 7 days to include details of making a complaint to the Information Commissioners Office (ICO) who will take it further, but its unlikely to come to that and they will usually comply, however if they are not able to send any details at all they must write to tell you with an explanation and return your payment.

When you send off the SAR, post by recorded delivery in order to keep an eye on the tracking on track and trace via royal mail, and if you send a cheque and not postal order check your direct debit for the payment taken off :tinysmile_twink_t2:

Give me a few mins and I shall post back with a choice of 2 SAR's, the 2nd one was updated by Billk from this group.

Cheers

Di

[di30]

Re: Responding to my Bank

As promised in my above post, here are 2 SAR templates, the first one for Single and the 2nd for Joint. In regards of making the reclaim, you can do this by completing the PPI complaint questionnaire, I shall dig that one out for you and post on another post now shortly for you.

.................................................. .................................................. .........................................
[ 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. [XXXX]
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.


[ Your Names & Address ]

The Data Controller
[ address ] Date:












Dear Sir/Madam,
Data Subject Access Request - Pursuant to the Data Protection Act 1998
Data Subjects: [ xxx, address as above, and formerly of: ]
[ xxx, address as above, and formerly of: ]
Please supply all data that your company holds relating to our entire account history. Whilst not exhaustive, for the avoidance of doubt we list below what we require:
o Full and legible copies of all contracts and agreements that have existed between ourselves and your organisation, including copies of any documents you hold in support of same. This is to include account no. [XXXX]
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 our personal information including copies of any contracts or invoices, emails or computer records containing our 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 our 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 ourselves or in relation to our financial or personal information.
o Details of all systems you currently have in place to ensure our 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 we 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 we require a signed declaration from your data controller confirming this, and a copy of all documents pertaining to its proper and safe 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 we 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 Name 1 ] [ Sign Name 2 ]



[ Print Name 1 ] and [ Print Name 2 ]

Encl: £10.00 fee.

[di30]

Re: Responding to my Bank

Above post SAR template letters and here is the link to the ppi complaint questionnaire (lloyds), if your not able to open it check the link I will also post below to follow the reclaiming procedures directly from the site of Lloyds.

http://www.financial-ombudsman.org.u...stionnaire.doc

http://www.lloydsbank.com/payment-pr...complaints.asp

Always keep copies in case you need to refer back to it again.

Hope all this info helps, any probs let us know cheers and good luck.

[Kojak]

Re: Responding to my Bank

Thanks Di....Do you think i should refer to the offer letter they have sent whereby they have made only a token offer on 1 out of the 5 loans i had without any explanation for the rejection on the other 4?

Should i include this in the SAR request or send a separate letter?

thanks in advance

[di30]

Re: Responding to my Bank

I would send the SAR separately as this is usually dealt with by the data dept.

(I forgot about your previous posts (sorry) as you have already made the complaint, but what I would do with the ones rejected is maybe send an email to the complant dept within the customer service and copy the other to the CEO (Antonio) as shown on a previous thread when you first started this thread.

When you write to them about the rejected loans, give all account numbers that apply, and state that your not happy with the outcome of the 4 loan PPi's as there was no detailed explanation on why they were rejected, but you believe you have a genuine case which is why you put in the complaints for all the accounts where one of them was successful by a token offer, so you wish your complaint to be reconsidered on all accounts that were sold with PPI by 14 days.
Also state that if they fail to provide you with a detailed explanation and to again reject your complaint, you will be taking matters further.

Hopefully they will overturn the decision with a bit of luck.:tinysmile_twink_t2:

[Kojak]

Re: Responding to my Bank

Thanks, i'm really asking a lot here but is there any template letters that you would recommend that i could adapt to suit this response?

Thank you..

[di30]

Re: Responding to my Bank

Hi
Not a problem at all, that's what we are here for lol)

Take a look at this link below (bottom letter on link) classed as a letter before action.......

http://www.legalbeagles.info/forums/...-Before-Action

And add your info to it as well.:tinysmile_twink_t2: