WendyB - v - Lloyds TSB Mortgage

[WendyB]

Re: Wends - v - LTSB

Well, a big fat parcel arrive dtoday, postage 8.14 by recorded delivery. Anyway, there's everything you could ever wish for in there, even the notes on the acounts, statments, copies of mortgage applications, amemdments, etc, you name it, its in there. EXCEPT, the mortgage account started in 1988. We got into trouble 1997-1998 and nearly got repossessed, lots of letters from pet solicitors Sechiari, Clarke and Mitchell, plus attended court. Must have been a bomb in charges, I hear you all shout. Well t5hats just it, there is absolutley no paperwork before 1999.

I smell a very fat rat.........

perhaps a phone call and a strong letter may be in order? what do you reckon guys?

[Guest]

Re: Wends - v - LTSB

Forget telephoning them, you know better than that.

Send them something like this.

I am in receipt of your letter dated (date) and notice that you have only supplied me with information going back to (date). I acknowledge receipt of the information you forwarded however but also note with no small measure of disappointment that you have chosen to second guess my requirements and send me a boilerplate reply.

My request was for a complete list of transactions and charges relating to my account since my account was opened, in short a list of charges with dates and amounts. Alternatively a complete set of account statements for that period will be acceptable. This should be retrievable from your accounting systems and easy for you to produce. I will accept a computer print out of these transactions.

This letter has been sent by first class post and therefore should have reached you by (date) as indicated by Royal Mail's service audit. I have no doubt that you will be aware, as of this date you have just (No. of days) days in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for Data Protection Act compliance.

I am prepared to accept that this is a genuine oversight on your part and look forward to receiving the information I requested. However, should the statutory 40 day deadline expire without receipt of the information that I have requested I will be left with no alternative but to commence a County Court action under section 7 and section 15(2) of the Data Protection Act 1998 and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.

[WendyB]

Re: Wends - v - LTSB

Thanks Cet.

Closer inspection reveals they have sent the paperwork, solicitors letters, mining searches etc from when we moved into our current house in 1992, so they must have records going back that far. The mortgage account breakdowns, however, start from 01.04.99, clearly showing a brought forward arrears amount. Perhaps its an oversight on their part, I'll send them a letter and give them a chance.
Apart from the missing info being exactly the period I wanted, I must say I'm impressed with the amount of data I've been sent, and its format.

[WendyB]

Re: Wends - v - LTSB

Just a thought, would it be worth SAR ing Sechiari, Clarke and Mitchell as well?

Am going to compose a letter to DSAR unit, should I give them the specific dates I'm referring to, or would that give them an idea which ones not to send me? Although I feel they may have sussed that already.....
And the 40 days was actually up yesterday, the day i recieved the stuff. Do I have to give them another 40 days? I was just going to give them a 14 day deadline.

[WendyB]

Re: Wends - v - LTSB

Well, here's my first attempt, thoughts please? Thought I'd be nice at first, as they have been quite efficient so far. Any thoughts on whether I should SAR Sechiari Clarke and Mitchell?

I am in receipt of your letter dated 15.05.09 and acknowledge receipt of the information you have supplied. However I note that that no mortgage transaction summaries or arrears history prior to 01.01.1999 have been supplied. Further to this, correspondence history prior to 2001 is also not present.

My request was for a complete list of transactions and charges relating to my account since the account was opened, in short a list of all charges with dates and amounts. Alternatively a complete set of account statements for that period will be acceptable. This should be retrievable from your accounting systems and easy for you to produce. I will accept a computer print out of these transactions. In the case of the correspondence history, a printed list of letters sent, with dates and reason codes, will suffice, along with a key to the reason codes given.

As you are aware, there is a statutory 40 day deadline for you to comply with the provisions of the Data Protection Act, which expired on 16th May. However, I am willing to accept that the missing information is a genuine oversight on your part, and as such give you 14 days from today to comply fully with my request.

I look forward to hearing from you shortly

[Sapphire]

Re: Wends - v - LTSB

Looks good to me Wends, its short, sweet and straight to the point.

[WendyB]

Re: Wends - v - LTSB

Printed and in an envelope ready to go. Have put in mort a/c numbers "for your ease of reference" and have added a bit in about I've already requested further details on a/c xxxxx from Swallow House following their recent correspondence.
------------------------------- merged -------------------------------
And have faxed it to them as well, just for good measure..

[WendyB]

Re: Wends - v - LTSB

Had a reply from LTSB on Saturday - how efficient is that?? They have sent me some more useless stuff to do with the mortgage, well actually it was from when we cashed in the endowment and changed to repayment mortgage, in 1997, and some more statements regarding my savings account. They state that they hold no more info, thats it, end of. Still absolutley nothing regarding mortgage statements prior to 1999. As they state categorically that I now have all the info they've got, I can't see where I can go with this now. Which is bloody annoying as i'm sure there were a shed load of charges - we nearly got repo'd, for Gods sake, and they don't do that and not charge for it, do they??

Only possibility I can come up with is sending an SAR to Sechiari, Clarke and Mitchell, who were the solicitors for TSB at the time. But suppose they are only obliged to keep for 6years? Is it worth my tenner, do you reckon?

Mortgages were teken over by C & G in 1999, so perhaps this is why they don't have any info?

Any suggestions, anyone?

[WendyB]

Re: Wends - v - LTSB

Anyone?:beagle:

[Amethyst]

Re: Wends - v - LTSB

Can try taking it to the Information Commissioner. would have thought as mortgage they'd have to keep 12 years worth as a matter of course.

[WendyB]

Re: Wends - v - LTSB

That's a plan. Do you think it would be worth phoning them or sending a letter basically saying lokk guys, I'm sure you've got more info than this, if you don't cough up with it then I'll report you to the ICO?

Is there any rules/guidelines etc anywhere which states that mortgage info has to be kept 12 years? Will have a look on Tuttsi's mortgages threads see if there's anything on there.

[natweststaffmember]

Re: Wends - v - LTSB

Anyone?:beagle:

I would give the Information Commissioner's office a call. They generally are pretty good with advice they give. Explain the issue and if need be, start the complaint process.

[WendyB]

Re: Wends - v - LTSB

Spoke to ICO, who were very nice. They think that TSb should have kept my records but can't say there is a definitive time for them to have to keep them. Suggested I SAR then original soliciotrs, and also write to LTSB's Data Officer again, tell them what i want and get what their retention policy is. I think I will do that, ask the specific question as in"How long are you supposed to keep records relating to mortgages, arrears etc?"

She also suggested I contact the FOS to see if there is an actual legal requirement for how long mortgage records are held.

Thing is, the charges aren't something I can guestimate. I can probably say that the letters were 17.50 or £35 each, or find that out, but what I can't do is put in a claim of any sort with no evidence to back it up.

Am also going to check with the Courts, see how far they hold info.

Didn't really want to ask LTSB the specific question "I want my morgage records prior to 1999 cos i want to reclaim charges from you" but if I have to i will.

And can this thread be moved to mortgages please?

[WendyB]

Re: Wends - v - LTSB

sorry I think I meant FSA not FOS.

[Tools]

Re: Wends - v - LTSB

And can this thread be moved to mortgages please?

Of course, done.