Loancheck / Loancheckers

**Amethyst** · 31st July 2009, 11:38:AM

Re: Loancheck / Loancheckers

This is the information you get for ''free'' from Loancheck - a Cartel client review type company - you can either pay £299 up front or have this amazing guide for free....all you have to do is enter all your personal info on loans, mortgages and credit cards into their 'loan checker'.

Quote:
Guide to LoanCheck Standard Service
LoanCheck accepts a client based on the result of the LoanChecker questionnaire result. This ‘indicator’ in isolation is not enough evidence to proceed with any potential action.
Prior to LoanCheck instructing, where appropriate, for an individual case risk assessment to be constructed from the information provided by each client loan, the correct information needs to be gathered. This information is gathered by a Subject Access Request Notice (S.A.R.N.) from your lender.
The lenders often use tactics to delay the supply of such information, we believe, in the hope that the client will lose his/her appetite and not pursue the matter. At the end of the LoanChecker questionnaire, you have selected to take advantage of the LoanCheck Standard Service. At this point, should you wish to change your mind and you wish to have this administrative function concluded on their behalf, please re-direct to The Gold Service by clicking here ‘ GOLD ‘ Otherwise continue and we will explain the service in more detail and make available for you free of charge the document suite in order for you to request the information from the lender yourself.
*Please Note*
LoanCheck does not set out to absolve clients of their obligations to repay monies owed under properly constituted lending agreements and legal procedures. Rather, LoanCheck was established to assist in the uncovering and redress of malpractice.
Introduction
It has become clear to the LoanCheck team that potential clients were often falling at the first hurdle.
You may be one of those people who fastidiously store all of your financial documentation and therefore are able to produce all of the documentation you received from your lender over the years. Whilst this will be of great assistance, we are aware that certain documents are produced and held by your Lender that you will never have seen.
It is a combination of all of the documents that ultimately allows the Forensic Analysis of your account to potentially uncover and evidence the malpractice we are seeking. Of course, if the conclusion of the Analysis is that no, or no significant problems are revealed then hey! Peace of mind is surely a result in itself. Fortunately and quite correctly It is your legal right under the Law (Data Protection Act 1998) to receive copies of your personal information.
‘individuals have the legal right to request copies of the information held about them, together with a description of the purposes for which information is, or has been, processed and to whom the information can be, or has been, disclosed.’
We have devised a procedure and put together the documents which will allow you to apply for the required information.
You must remember, the Lender will not necessarily be overjoyed at the prospect of producing to you the very evidence that results in a hefty claim from you or a significant reduction of your balance.
If you haven’t done so, you may wish to run your information through the LoanCheck Foundation ‘LoanChecker’ before you begin the process of requesting your documents. This will give you an indicator as to the prospects of final success and so assist you in your decisions.
This can be found on our web site www.loancheck.co.uk
Please remember the ‘LoanChecker’ is a free to the public service, do not under any circumstances pay a third party for its use or the result!
Sending the Documents to Your Lender
You need to post:
1. A covering letter.
2. The completed SARN.
3. The two documents proving your Identification.
4. And a cheque for £10.
NOTE: You will have received a copy of your SARN form with your registration email.
DOCUMENT 1 - SARN
This document can be downloaded from the website www.loancheck.co.uk, or may have been made available to you following your ‘LoanChecker’ result.
Whilst this document may seem complicated, it is designed to make it clear to the Lender that this is not a casual request, rather a specific request under the Data Protection Act.
Fill in your details at the top.
Fill in the relevant details regarding the account for which you are requesting the information.
Name of Lender: Your Lenders full name as on your documents or Bank statements
Account Number: As on your documents
Roll Number (if Applicable): As on your documents, (this is only present on some lenders documentation)
Property Address: If the loan was secured against a property or is a mortgage, it is that property address that is required here
Your Loan Status:
Live = you sill owe a proportion of the loan and are, presumably, still paying.
Redeemed = The Loan is completed / paid off.
Repossessed = the bank have taken legal action to remove ownership of the property and you have been or are being evicted!
Please remember that even if your loan was redeemed or the property repossessed we may find that you paid to much, or the repossession was made incorrectly so neither necessarily prevent the process moving forward or negate the chances of malpractice being discovered.
However, the Lenders are only obliged to keep your documents for 6 years after the loan is paid off (redeemed) so whilst they may still have the records and provide them they may simply report that they no longer have any records. This unfortunately would mean our Forensic Analysis would need to rely on the documents you provide only.
You will notice throughout the document we have included, [ I / we ] please delete as appropriate,
[ I ] if you are a single account holder.
[ we ] if you are joint account holders.
The account holder details are of course your full details, and importantly, where the account is a joint account, the details of the joint account holder also.
The proof of identification section needs to be considered carefully, Lenders will return or ignore a request if the appropriate proof of Identification is not present.
What is required is two separate documents from the list, with your correct and current address on and dated within the last 3 months. You must send originals so I suggest you keep copies for your records.
The certified copy of your driving license or passport must accompany one other document with your address on. And the copy certified by a Doctor, Business Director, Solicitor / Judge.
Covering Letter
A simple covering letter politely requesting that they comply with the attached SARN is all that is required, please don’t be tempted to stray off into criticisms about your lender if you have any.
Include in your covering letter a list of what you have included.
This cheque needs to be from you if you have a cheque book. The Lender may send the SARN back or ignore it if the cheque is from someone else, say a friend or family member.
If you don’t have a cheque book, a postal order will be acceptable to the Lenders.
Please send the documents recorded delivery. Not only are these your personal financial records, but also, the proof of delivery may help in the future if the lender denies receipt.
Once you have posted the documents make a note of the date / keep the recorded delivery slip safe.
The Lenders Legal Obligation
It is the legal obligation of the Lender to comply with a Subject Access Request in accordance with the Data Protection Act.
Failure to comply could result in damages and distress being sought by you.
The Information Commissioners Office has published detailed guidelines that insist that they should acknowledge receipt of the request in a letter immediately. And then, to comply with the law they must provide the information requested promptly and in any event within 40 calendar days.
Acknowledgment Receipt
Whilst it is recommended good practice for the Lenders to acknowledge receipt of your request immediately, this is not a legal obligation.
If the Lender does send you an acknowledgment, then you do not need to reply, just read it to be sure that they are not saying they won’t supply some or all of the requested information.
28 Day Reminder
At the 28 day point we advise that you send a reminder letter, particularly if you have had no acknowledgment of receipt, this letter should be sent recorded delivery, as with all other correspondence to the Lender.
The reason for this letter is as a simple prompt, but also relies on the fact that the Information commissioners guidelines dictate that the Lender should send the requested documentation promptly. Some lenders wait, as a matter of course, for the 40 days to elapse before sending the documents.
40 Day Reminder
Please only consider sending a letter at this point if the Lender has failed to send you any of the documentation requested on the SARN. This is a rare occurrence never the less on you should be prepared for.
Partial Compliance By Lender
You may well have received correspondence from the Lender in reply to your Request that only gives some of the documents requested.
You can compare the documents you do receive with the list of documents on the SARN you sent. This may or may not have been accompanied by a covering letter explaining why they do not intend to send the other documents.
In either event this is a common tactic that has been experienced by many clients and is, if you think about it, quite understandable when the sending of all the documentation could and regularly does reveal evidence that enables LoanCheck to uncover a claim against them. To be seen to be absolutely fair to the lender and to try to avoid the need for further steps. You need to send a further letter, insisting the Lender complies with your request.
It may seem a little time consuming as, after all, the Lender has broken the Law by not complying with your request within the 40 days, however the objective is to get all of your information as soon as possible, not to be sidetracked by the Lender arguing about the Data Protection Act. Also if any future complaint or legal action becomes necessary it is of significant benefit to have given them every opportunity at this stage to comply.
Increasing numbers of Lenders are complying with the SARN requests so you may well find yourself in possession of all of the document you requested, never the less you have a right to complain if you have not received them. That complaint is to the Information Commissioners Office
Complaint to the Information Commissioners Office
Assuming that the Lender has not replied to your last correspondence with all the documentation that you requested, then, nothing for it, you need to make a formal complaint to the ICO. Before you do so, please check with your Bank to see if the £10 cheque has been cashed, clients have often found that a Lender has cashed the cheque, and still failed to send any information, (this is payment for the administration needed to send you your documents). This is particularly important if you have received nothing.
Compiling the Complaint to the Information Commissioners Office
I suggest that you include within your letter of complaint the following information;
1.Name of your Lender
2.Date of SARN Request (sent recorded delivery)
3.Date(s) of Reminder Letters (Dates of the 28 and 40 day reminders as appropriate)
4.Date of Response (Date of reply from your Lender)
5.Information as to when the Cheque was cashed.
We also suggest you attach a copy of all correspondence, so the Information Commissioner has a full picture of events, list the documents you are attaching within the letter.
Send this complaint Letter to the ICO, registered mail delivery, and make a note of the date.
The Information Commissioner is on your side, they do have standards to adhere to for timescales, however, it is fair to say they are very busy and whilst they will aim to deal with your complaint within a month, I advise you be patient with them.
LoanCheck Team is actively corresponding with the Information Commissioners Office to establish answers to the more common reasons given by the Lenders for non compliance with the Data Protection Act. It may well be that your Lender has put forward an argument previously answered by the ICO, in which case their response is likely to be swift. You must remember that the ICO are their to consider both sides, however, the Data Protection License that the Lender holds is vital for their business, so, if the ICO decide they have not complied with the Act, you can expect a quick resolution.
Having read this explanation of The Standard service and you have changed your mind and wish to opt for the Gold Service click here ‘ GOLD ‘
Sending Your Documents to LoanCheck
Once you have received all of the documents you are entitled to, (either by compliance by your Lender to the SARN or if you have had to ask the ICO to intervene on your behalf), you need to have those documents expertly evaluated to see if evidence is present within them. This evidence, often the small print, may indicate malpractice that could result in a claim.
You are of course entitled to seek this expert evaluation from any one, However, LoanCheck are able to undertake this evaluation for you free of charge and have a network of experienced solicitors who would gladly represent you on a ‘no win no fee’ basis should the evaluation show such evidence.
If you choose to utilise the free evaluation service of the LoanCheck Foundation, and to be frank why wouldn’t you’ Then you need to copy all the documents you have and send the originals to us. We recommend registered delivery.
That includes all the documents you received from your Lender as per the original list on the SARN, and all the documents you had in your possession yourself.
Please don’t be tempted to send us a few of the documents only, as the evaluation of your account will need to be a comprehensive forensic analysis.
If you have been through the whole complaints procedure with the ICO, and for some unusual circumstance this has not resulted in a full disclosure of your documents them may I suggest you write to us listing what you do have and, again free of charge, we will consider your next options (this may well be sending what you have to us.)

LoanCheck
PO Box 4728
Shrewsbury
SY4 4TT

Loancheck / Loancheckers

Loancheck / Loancheckers

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