Lost Documents

[peachie77]

Hi there,

I have been trying to obtain my loan agreement from my bank of which I opened in 2004 but they do not have a copy. I sent through a SAR and they sent back all info on current accounts but nothing really on the loan account. I did this to see if I had ppi. I am currently complaining with the bank and then failing that I have spoken with the financial ombudsman and they said they will take it up and may issue the bank a penalty.
Has anyone had this experience? I'm unsure if I had ppi you see and this is why I requested the copy as I had unfortunately misplaced mine.
I just want to get this resolved and wondered a if I am tackling this correctly and b if anyone had been through something similar.

Thanks in advance.

[di30]

Re: Lost Documents

Hi there,

I have been trying to obtain my loan agreement from my bank of which I opened in 2004 but they do not have a copy. I sent through a SAR and they sent back all info on current accounts but nothing really on the loan account. I did this to see if I had ppi. I am currently complaining with the bank and then failing that I have spoken with the financial ombudsman and they said they will take it up and may issue the bank a penalty.
Has anyone had this experience? I'm unsure if I had ppi you see and this is why I requested the copy as I had unfortunately misplaced mine.
I just want to get this resolved and wondered a if I am tackling this correctly and b if anyone had been through something similar.

Thanks in advance.

Hi there

Is the account still currently active or settled in recent years?

I am aware they do not have to provide the Loan agreement if the loan is no longer active, but other documents they should send under the data protection act (DPA), maybe someone will clarify on this matter, but have you also considered contacting the Information Commissioners Office (ICO) on this matter in relation of your Credit Loan Agreement?
https://www.ico.gov.uk/Global/contact_us.aspx

But they should supply anything in relation to your loan otherwise if taken out over the last 6 years.
------------------------------- merged -------------------------------


More details on the ICO.....

http://www.ico.gov.uk/for_the_public.aspx

[di30]

Re: Lost Documents

Also to add, if you have the account number and find that you were sold PPI and mis sold, you can of course continue to make a reclaim on the product without the need of the loan agreement, just as long as you have your reasons and anything that you do receive from the SAR in relation to that loan should be of some help.

What you would do to start is pursue the company/broker who set the policy up from the start, there is more info below on the guidelines to reclaiming, keep all copies of what you send and receive, in case you need to refer to this at some point.

They normally have 8 weeks, but if you hear nothing by then, you can then if eligible make a complaint to the Financial ombudsman service (FOS), and also go this direction if your not happy with the final outcome of your reclaiming complaint.

PPI notes.....

http://www.legalbeagles.info/forums/...ad.php?t=10645

More details here....

http://www.legalbeagles.info/forums/...play.php?f=125

It is also recommended to post your reclaim/letters by recorded for delivery, this is your proof of posting.

You can check the status of Delivery on the Royal Mail Website "Track & Trace".

Hope this is of some help for you.

[peachie77]

Re: Lost Documents

Many Thanks for the reply.

Accounts are not current or active no and the only info they sent through (below) doesn't make sense as
a) the pay off amount is 0.00
b) next scheduled due date 31/12/1999 (I took the loan out in 2004!?)

So the ins amount being 0.00 to me doesn't necessarily mean its correct in my view.

Does the info below make any sense to anyone?

-----------------------------------------------------------------------
Reconstruction / Settlement Details

Account Number (supplied but omitted due to posting on a forum)

Product Name - PLAD - Personal Loan

Branch - (supplied but omitted due to posting on a forum)
Payoff Amount - 0.00
Including Insurance rebate of - 0.00
Loan Rating - D
Scheduled Payment Amount -
Payment Frequency -
Next Scheduled Due Date - 31/12/1999
Contract Date - 09/09/2004
Term - 060
Total Number of Payments - 056
Due -
Maturity Date - 14/09/2009
Current Rate - 14.540

Account Name - (supplied but omitted due to posting on a forum)
Account Status - *Charged Off*
Officer Code - (supplied but omitted due to posting on a forum)
Date Last Credit - 14/01/2005
Arrears (excl fees) - 0.00
Days in Arrears - 0
Original Insurance - 0.00

Warning -
Address Number -
Collection Status -

Auto Debit Details
Sort Code -
Account Number -
--------------------------------------------------------------------------

[di30]

Re: Lost Documents

Hiya

I'm not sure on the above to be honest, but I'm sure someone will be along soon to have a look for you.
I will otherwise pass the word okay.

[peachie77]

Re: Lost Documents

Thanks its much appreciated :-D

[Turboman]

Re: Lost Documents

Hi Peachie

Will look at those figures after lunch --unless Marshy or Bill logs on first

Turbo

Thanks for link Di

[marshallka]

Re: Lost Documents

Hi there,

I have been trying to obtain my loan agreement from my bank of which I opened in 2004 but they do not have a copy. I sent through a SAR and they sent back all info on current accounts but nothing really on the loan account. I did this to see if I had ppi. I am currently complaining with the bank and then failing that I have spoken with the financial ombudsman and they said they will take it up and may issue the bank a penalty.
Has anyone had this experience? I'm unsure if I had ppi you see and this is why I requested the copy as I had unfortunately misplaced mine.
I just want to get this resolved and wondered a if I am tackling this correctly and b if anyone had been through something similar.

Thanks in advance.

Hi, can I just ask why the FOS are going to issue a penalty for not sending your agreement? Its usually the ICO that you complain to about data?? ALso if the account is no longer owing any debt on it then they do not need to send you a copy of the agreement as per the CCA BUT if it was within 6 years then they will usually give you all the information within your SAR. I would complain to the ICO if they have not sent you information that you are entitled to.

As regards the loan and you not knowing if you actually had PPI then I would wait for information on this before making any complaint as you do not know how it was sold OR in fact IF it was sold to you and you only have one bash at making a complaint.

[di30]

Re: Lost Documents

Thanks folks XX

[peachie77]

Re: Lost Documents

Hi, can I just ask why the FOS are going to issue a penalty for not sending your agreement? Its usually the ICO that you complain to about data?? ALso if the account is no longer owing any debt on it then they do not need to send you a copy of the agreement as per the CCA BUT if it was within 6 years then they will usually give you all the information within your SAR. I would complain to the ICO if they have not sent you information that you are entitled to.

As regards the loan and you not knowing if you actually had PPI then I would wait for information on this before making any complaint as you do not know how it was sold OR in fact IF it was sold to you and you only have one bash at making a complaint.

-----

Thanks for the above - I was advised by the bank within their complaints procedure leaflet this is why I did this. The loan was within the last 6 yrs yes but the only info they have sent is the info pasted above.
The penalty is because by law the bank should have my loan agreement. The SAR info sent (above) doesnt make sense.
Still confused as to what to do next.

Thanks for the above :-)

[di30]

Re: Lost Documents

Hiya

I also wondered that as well and always assumed it was the Information Commissioners Office (ICO) would be involved if you were having trouble with receiving any data within the time limits.

I understand if a settled account, banks/companies etc do not have to provide the actual loan agreements, but they should provide any account information held in the last 6 years.

It does seem all confusing.

But if the account was still active, they should to what I'm aware of send you a copy of the agreement (with it still being an active account).
Maybe Marshallka will add more to this for you.

Good luck.

[peachie77]

Re: Lost Documents

Hi Thanks Di,

Contacted the ICO who advised that there isn't anything they can do - they can't get info from the bank if they no longer have it (understandably) however it doesn't really resolve my situation on how to find out if I had ppi or not.

Hmmmm

:tinysmile_hmm_t2:

[The Debt Star]

Re: Lost Documents

Has anyone had this experience?

Yes. With Egg and Barclaycard.

Egg tried to conceal mis-sold PPI on 2 older agreements that had been settled. Told me I wasn't entitled to a copy of the CCAs because accounts closed. After much to-ing and fro-ing of letters chasing a full SAR disclosure, the old CCAs were sent to me (by that point I had kicked off with the ICO and FOS over it as well). Turned out PPI had been sold on both of tyhe older agreements and that although I didn't have PPI on my current account it comtains a PPI element from the consolidation of the earlier ones.

So stick with it.

Barclaycard have so far refused to send me even a reconstututed copy of my CCA and the FOS have requested sight of this from them.