Help with a reclaim

[Rachelmstvl]

Hi all, i have just joined this site after reading your thread. Im in the same boat and need some help/advice please.

I purchased a fridge from currys but the finance was with santander. I wrote to santander asking for the loan agreement details and they replied saying: The account is closed and there is no balance required or due and we are therefore not obliged to provude thi information however we can confirm that insurance was applied to the account.

I wrote back stating why i feel i was mis sold the insurance and they have responded saying: that due to the length of time since i last used the account, all data has been removed and they are unable to investigate.

The loan was only taken out in 2009 and cleared just last year. Are they fobbing me off or do i have a case?

I must add, i have never sent them a cheque for any info, i also do not know what a sar is (having read your posts)

Any info will be gladly received. I will clear this one befre i start to tell you about my ge claim

[ken100464]

Re: Reclaiming on accounts closed in 2003

Hi Rachel

Dont want to read and run but you will probably find a better response if you start your own thread up.

Plenty of good advice will follow am sure.

[IF]

Re: Help with a reclaim

Hi Rachel I have move your post to your own thread as Ken has suggested, you will receive more help and replies.

IF...x

[Rachelmstvl]

Re: Help with a reclaim

Brill thanks. I didnt know how to start a new thread :/ lol

[ken100464]

Re: Help with a reclaim

Right first off what information do you have. As in paperwork? All, some or zero?

If you have paid everything off would suggest Santander are trying to fob you off with the response to a CCA request. Dont worry you dont need to know that bit.

And in one second you are welcomed into the slippery world of Banks. The universe where everything you thought was true isnt and vice versa.

A SAR is a subject access request. Basically if you request all your information with a £10 payment they have to give what they have on you.

As this was paid off last year I strongly think that a great big porky pie has been told.

[Rachelmstvl]

Re: Help with a reclaim

Hey, thanks for your reply.

Dont have any info, statements etc. Printed up my credit expert report and got te info from there. Sent them a letter (got the template from Martins money tips) and quoted the date loan started, date ended and gave personal details. They then responded with the account number saying that they dont have to give me the info as the account is up to date but confirmed i had insurance. I then filled out an ombudsmen application and they wrote back saying they didnt have any info anymore :/

[di30]

Re: Help with a reclaim

Hi all, i have just joined this site after reading your thread. Im in the same boat and need some help/advice please.

I purchased a fridge from currys but the finance was with santander. I wrote to santander asking for the loan agreement details and they replied saying: The account is closed and there is no balance required or due and we are therefore not obliged to provude thi information however we can confirm that insurance was applied to the account.

I wrote back stating why i feel i was mis sold the insurance and they have responded saying: that due to the length of time since i last used the account, all data has been removed and they are unable to investigate.

The loan was only taken out in 2009 and cleared just last year. Are they fobbing me off or do i have a case?

I must add, i have never sent them a cheque for any info, i also do not know what a sar is (having read your posts)

Any info will be gladly received. I will clear this one befre i start to tell you about my ge claim

Hi and welcome

Cheers for PM (IF)

With it being 2009, they should still hold your information for at least 6 years, and I have to say it but it looks like one of the standard generic fob off letters.

Are you able to post up a copy of the exact letter please? by removing all your personal info and account number?

When you contacted them for the information, did you actually do this by contacting their Data dept? Or directly to complaints section?

Santander complaints informed me they could not find any info and with the length of time etc, but I send a Subject Access Request (SAR) to the data dept who are separate to complaints who did send the relevent info, or enough to go by.

Personally I think a SAR will help as Ken mentioned and if they fail to comply by 40 calendar days you can complain about them to the Information Commissioners Office (ICO) who will then usually deal with this matter of your information for you, or give you the right advice on what should happen.

I agree with Ken totally, they are telling porkies, because under the Data Protection Act (DPA) law they must still hold data for at least 6 years and often longer than that.

I would be inclined to write back and tell them they are dealing with this matter incorrectly, and with that provide a SAR letter template, enclose the sufficient fee of £10 cheque or postal order.
Let us know if you want to do this and we can post up the relevant link for the template for you.

[Rachelmstvl]

Re: Help with a reclaim

Hiya, yes. This is what i sent:

I am writing to request a copy of my original loan agreement with Santander. If the original loan agreement does not include details of the insurance added to the account, such as the number and cost of any monthly payments or any lump sum fees and interest charges applicable to this fee, please attach or advise how I can get access to this information.

I look forward to your response within 40 days, as is obliged under the Data Protection Act 1998. If not I shall seek remedy from the Information Commissioner.


I received the first letter - the one that said i had insurance - and i responded with a ppi application. Then they sent the 2nd letter. I have not yet responded.

[di30]

Re: Help with a reclaim

Hi hun

Write back and tell them you believe you received the incorrect letter, as the business were FSA regulated at the year of 2009 you taken out the policy.
Business's became FSA regulated as from 14 Jan 2005, and the fact you taken out your policy in 2009 - the timescale of this is certainly not beyond 6 years.

(Personally, I don't think they actually looked into your complaint and sent you the usual automatic generic fob off letters for customers who had policies from years ago, way before they became regulated).

So in light of this, do write back and also send a copy to the Manager of the business and tell them they failed to investigate your complaint in a good manner because you were informed of the timescale, tell them again the year you taken it out and the year it completed, and that you want this complaint looked into again or you will be taking it the matter further.

I feel in your case, it's possible they will overturn the decision, they simply done something wrong here in my opinion.

Send by signed for recorded delivery x

[ken100464]

Re: Help with a reclaim

Their first letter is a correct response to your first letter.

The second letter is from some alternate universe where unicorns roam and banks are our friends.

The unicorn bit is possible of course.

Agreed another letter may get them to budge. Worth a try for sure.
If it doesnt think you will have to rewind to the start. A SAR would be required to find out if you really did have PPI and the sort of amount.
Santy look like they are trying to confuse. OP sent wrong first letter (Thanks Martin) so they not taking her seriously yet.

[Rachelmstvl]

Re: Help with a reclaim

OP? Did i send the wrong first letter to them??

[ken100464]

Re: Help with a reclaim

Original poster = OP

The first letter you sent is a CCA request and their reply is correct to that. There is no obligation on them even less so without the £1 payment.

But I wouldnt worry so much as they have indicated something could be there so worth investigating as per Di30's suggestion.

It could flush it out of them or you may have to follow the SAR route depends what sort of response the letter gets.

I wouldnt worry to much. PPI reclaiming is designed for people with patience. The banks work on the fact many dont have this and just delay all the time. You get used to it.

Di's the lady to follow so would get scribbling.

If anyone can guide you to success its Di so your in good hands.

[Rachelmstvl]

Re: Help with a reclaim

Aww guys, thank you soo much for your help!! Il write the letter tonight

[ken100464]

Re: Help with a reclaim

Good luck.

Patience is a virtue on these and its best to write your letter annotate a calendar as to when you expect a response by and then go off and live.

Think they do it hoping you emigrate or find those unicorns, just anything other than deal with your complaint.

[IF]

Re: Help with a reclaim

Good luck from me too Rachel