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Lenders may be hiding incriminating data for years 2006,2007,2008

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  • Lenders may be hiding incriminating data for years 2006,2007,2008

    If any one has had problems getting detailed data from lenders or loan owners for the years 2006,2007,2008 like statements of your account with them, please let me know as I will be taking up the issue with the ICO in respect to my own lenders short comings and would be happy to include details of anyone else who has suffered this type of abuse.

    Lenders or loan owners may state in their response/reply to your SAR request by giving any one of the following excuses below or words to the effect,they may make up something else to fob you off. They may just ignore you and not include any accounting data for the above years in the SAR package they send you,hoping you will not notice. This is abuse and is illegal.

    1.Unable to retrieve data from their computer systems.
    2.Lost data due to fire or water damage.
    3.Data deleted in error.
    4.Data removed and deleted under lenders own data protection policy.
    Robinhood2003
    Tags: None

  • #2
    Re: Lenders may be hiding incriminating data for years 2006,2007,2008

    Do they not try the 'no requirement to keep documents for longer than six years' thing any more?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Lenders may be hiding incriminating data for years 2006,2007,2008

      Originally posted by Amethyst View Post
      Do they not try the 'no requirement to keep documents for longer than six years' thing any more?
      Its 12 years not 6.
      Robinhood2003

      Comment


      • #4
        Re: Lenders may be hiding incriminating data for years 2006,2007,2008

        If you known something else please show some proof.
        Robinhood2003

        Comment


        • #5
          Re: Lenders may be hiding incriminating data for years 2006,2007,2008

          Both Barclay's and Sainsbury's ( part of BOS) did that to me said it was not available after six years.
          Barclays from 2004, incomplete SDAR no copy statements from then to 2006. This is still with Ombudsman because after saying they did not have any data prior to 2006 they produced a letter to the ombudsman that said I had cancelled the PPI in 2005, this was not in my bundle. Waiting for the ombudsman to get back to me but will report them to ICO
          Sainsburys again claimed to have no data prior to 2006.
          Both CCA and SDAR had almost unreadable cooy of an application form and twice had copies of Terms and Conditions with the wrong name on them.
          ICO ruled it was " likely" that they had made errors but that it was not serious enough for them to impose sanctions.
          Never give up, Never surrender.

          Comment


          • #6
            Re: Lenders may be hiding incriminating data for years 2006,2007,2008

            I requested a full statement of account from Rooftop only to be told that the annual statements are the only statements they have, making a 2nd request this week for all the missing paperwork so will update you when I get a response.

            Comment


            • #7
              Re: Lenders may be hiding incriminating data for years 2006,2007,2008

              Originally posted by Amethyst View Post
              Do they not try the 'no requirement to keep documents for longer than six years' thing any more?

              I think it is five years from the end of the relationship as per money laundering regulations.

              http://www.hmrc.gov.uk/mlr/your-role...bilities.htm#4

              12 years is the SOL period for an action regarding a contract"under seal" (as was) currently land mortgage.

              Comment


              • #8
                Re: Lenders may be hiding incriminating data for years 2006,2007,2008

                I have recently done a SAR on my lender, Mortgage Title Resolutions Ltd, who have redacted some of the data and missed out whole chunks also. I am sending it on to the ICO so interested to hear what happens with your case too. I am trying to discover how my capital balance has risen by £16k !!

                Comment


                • #9
                  Re: Lenders may be hiding incriminating data for years 2006,2007,2008

                  Originally posted by gwenlillian View Post
                  I have recently done a SAR on my lender, Mortgage Title Resolutions Ltd, who have redacted some of the data and missed out whole chunks also. I am sending it on to the ICO so interested to hear what happens with your case too. I am trying to discover how my capital balance has risen by £16k !!
                  Yes it looks like they do this all the time, I also have complaint with the ICO.

                  I have also requested under the freedom of information from the ICO just how many loan/mortgage customers complain to them about this. I my self don't hold out much luck in them giving me this information as it well know that the Government and their courts are in bed with lenders.

                  Also served freedom of information requests on FOS and FCA/FSA as to how many customer complaints they have received over the last few years about lenders using power of Attorney hidden away in the lenders T&C small print,to create documents and instruments of value in the customers name.

                  It all one big conspiracy, some of us have even been time barred from FOS for asking questions about the hidden power of attorney issue, so what is going on ? Well its all about the fact that governments here and in the US mainly can not allow the bankers systems to fail, as then every one will ask their governments why!
                  Robinhood2003

                  Comment


                  • #10
                    Re: Lenders may be hiding incriminating data for years 2006,2007,2008

                    Originally posted by Robinhood2013 View Post
                    Yes it looks like they do this all the time, I also have complaint with the ICO.

                    I have also requested under the freedom of information from the ICO just how many loan/mortgage customers complain to them about this. I my self don't hold out much luck in them giving me this information as it well know that the Government and their courts are in bed with lenders.

                    Also served freedom of information requests on FOS and FCA/FSA as to how many customer complaints they have received over the last few years about lenders using power of Attorney hidden away in the lenders T&C small print,to create documents and instruments of value in the customers name.

                    It all one big conspiracy, some of us have even been time barred from FOS for asking questions about the hidden power of attorney issue, so what is going on ? Well its all about the fact that governments here and in the US mainly can not allow the bankers systems to fail, as then every one will ask their governments why!
                    Very interesting post Robin .

                    I have a friend who has become disabled . He is in the process of making a claim from the D H S S and they have requested to see his mortgage terms and conditions . ( He has lost the original copy )

                    His mortgage is with Santander . He has spoken to them no less than five times requesting his terms and conditions and they have sent out four lots of paper work , non of which are the terms and conditions .
                    The last letter said " Please find enclosed the terms and conditions " . There was nothing else in the envelope ! .

                    We spoke of this last evening and he showed me the empty envelope and he said " It's almost as if they had something to hide " .
                    Hmm... then I read your post this morning .

                    I don't understand why a lender would have or need a power of attorney written into a mortgage .
                    Does that mean they would be signing documents on the behalf of the borrower ? . During the term of the mortgage ? .
                    If so what documents could they be ? That require my signature but signed by them ? .

                    Frankly I am baffled by this and I would be very interested to hear other views .

                    Comment


                    • #11
                      Re: Lenders may be hiding incriminating data for years 2006,2007,2008

                      Co op mortgage terms

                      10.1 A s continuing security, you irrevocably appoint us to be your attorney, so that we can do the following in your name and on your behalf or in our own name:
                      a) s ign any document or do anything that you have agreed to sign or do under these Mortgage Conditions including the execution of any deed; b) to execute any powers in respect of Your Home which you may be entitled to exercise; c) execute the assignment or conveyance in relation to the sale of any freehold or leasehold reversion on your behalf; d) to execute any stock transfer form in relation to the shares in any management company (where applicable) for Your Home in order to transfer the share upon the sale of the property; and e) d o anything else which we reasonably consider to be appropriate under the powers that Your Mortgage gives us.

                      A s this appointment is irrevocable you cannot cancel it without our consent. We will be entitled to delegate the power of attorney given in condition 10.1 of these Mortgage Conditions to another person (or persons) where reasonably necessary for us to exercise any rights under Your Mortgage or under the law.
                      10.2 If Your Mortgage is held in more than one name, we will only exercise the Powers of Attorney contained in condition 10.1, 13.2 and 20.3 of these Mortgage Conditions only after:
                      a) o ne of the events listed in condition 12.1 ‘When you must pay back Your Mortgage straight away’ has occurred; and b) w e have given you at least 30 days’ written notice that we will be exercising our Power of Attorney.
                      I n this case, our Power of Attorney and our powers under it will only continue for no more than 12 months from the date we gave you that notice.
                      10.3 We shall not be liable for anything done under the power of attorney in conditions 10.1, 13.2 and 20.3 of these Mortgage Conditions if we have used reasonable care in exercising or delegating the power.
                      c) grant or agree to grant any lease or tenancy of Your Home or part of it; d) v ary or agree to vary the Lease or any lease or serve any notices in respect of Your Home; e) grant any right to live in or use Your Home; f) use Your Home for anything other than your own main place of residence; g) m ake any structural changes to Your Home or change its use or apply to any planning authority to make such changes; h) d eal in any way with any claim for compensation or any insurance claim for loss or damage to Your Home (except as we may agree with you);
                      i) c hange or cancel any direct debit mandate or standing order or similar payment method through which the Monthly Payments are made; j) a pply for any improvement grant for Your Home which would create a priority over the Mortgage Security.
                      9.2 T hroughout the Mortgage Term, unless you have our prior written consent, you must not sell, transfer, lease, assign, sub let or dispose of Your Home or any interest in it, or agree to do this unless you intend to repay the Amount You Owe in full before any such sale, transfer, lease, assignment or assignation, sub lease or disposal.
                      10
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: Lenders may be hiding incriminating data for years 2006,2007,2008

                        The Data Protection Act merely states that data only need to be kept for a minimum of six years ....a data controller can decide to destroy any data after that period if they so wish.......however evidence confirming the destruction must be signed by an officer of the company that held the data...........very few actually destroy data.................they archive it for as long as they like. This is kept on microfische.

                        Regarding all the Lloyds Group they keep data about all the customers of EVERY single company in the Lloyds Group on a cenral data base within the Llloyds Group this enables any member of the group to access not only present data about a customer .......but all archived data held on microfische....................I obtained data from Black Horse in 2012 dating back to 1997.
                        So treat the six year excuse with the contempt it deserves.
                        Sparkie

                        Comment


                        • #13
                          Re: Lenders may be hiding incriminating data for years 2006,2007,2008

                          They are ALL talking rubbish eg Abbey (now Santander) stated the same but it was discovered (via an internal source) that they had records going back to 1923 AND that they were stored in a warehouse in Milton Keynes. When they were advised of this, (that it was known) they managed to 'find' the 'missing' records

                          Comment


                          • #14
                            Re: Lenders may be hiding incriminating data for years 2006,2007,2008

                            Originally posted by righty View Post
                            They are ALL talking rubbish eg Abbey (now Santander) stated the same but it was discovered (via an internal source) that they had records going back to 1923 AND that they were stored in a warehouse in Milton Keynes. When they were advised of this, (that it was known) they managed to 'find' the 'missing' records
                            Too true righty
                            That's because when Abbey was taken over by Santander ....Abbey didn't tell Santander they had these records stached away......All banks send their paper records to designated holding warehouses in different parts of the country and that's where they keep the microfische records as well.:tinysmile_twink_t2:
                            Just like the govts underground secret bunkers

                            Sparkie

                            Comment


                            • #15
                              Re: Lenders may be hiding incriminating data for years 2006,2007,2008

                              Originally posted by Sparkie1723 View Post
                              The Data Protection Act merely states that data only need to be kept for a minimum of six years ....a data controller can decide to destroy any data after that period if they so wish.......however evidence confirming the destruction must be signed by an officer of the company that held the data...........very few actually destroy data.................they archive it for as long as they like. This is kept on microfische.

                              Regarding all the Lloyds Group they keep data about all the customers of EVERY single company in the Lloyds Group on a cenral data base within the Llloyds Group this enables any member of the group to access not only present data about a customer .......but all archived data held on microfische....................I obtained data from Black Horse in 2012 dating back to 1997.
                              So treat the six year excuse with the contempt it deserves.
                              Sparkie
                              Hi sparkie

                              Good to see you posting on here again, could you link to the section of the DPA which states that data must be kept for 6 years, this has come up several times, it would be good to see the definitive requirement.

                              Comment

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