Hello. It's been almost 5 years since i was last here. Still paying off that damn managed loan! During 2004 when i was originally pushed into taking the loan (due to dire financial circumstances and a lost job that meant i could not pay my debts) I was told that the loan was "managed" and would be regularly reviewed until i was in a better position to pay it. After a year i asked for it to be reviewed and they told me that managed loans weren't dealt with in that way. A story that i've heard other people tell since then! At that time, i was heavily depressed and taking prescription antidepressants. I remember very clearly crying in the branch when i was talking to my bank manager about how i needed help and asking what they could do. I feel that i was exploited by the bank and made to take a product that, had i been in more of a clear-thinking place rather than severely depressed, i would have thought about more and asked more questions about instead of snapping their hands off at anything they could do to help. I'd like to know if this type of manipulation by the bank is actually even allowed, and would it be classed as mis-selling? thanks in advance BB

That sounds aweful You need to send a subject access request to begin with There's a section on here which has templates. In my phone do can't see where that is (sorry) It's a long process. It took me a year & I lost I'm the end! But I fought the whole way & you should too

I CCA'd TBI in July requesting my true original copy of the agreement that was passed to them by Wescott after a debt to HFC bank was taken over back in 2006. After reading that TBI don't tend to hold copies of our loan agreements i thought i'd chance my luck, after my last fight with HSBC i know i've got the guts to do it they replied today with a rubbish looking printout of my balance and some screen prints of my stuff on their database. no signed loan agreement in sight. not even an application form between myself and HFC (which i've read they do send to people, claiming it's legally binding) Their letter goes on to say that "you are not entitled to correspondance and /or any documents as they are not held in a "relevant filing system" under the Data protection Act 1998. The majority of the points detaild on your letter are also not covered by the Act" needless to say i laughed, made a cup of tea, went up to the computer and changed a few bits of information on my "Right to prevent processing - section 10" letter that i sent to HSBC last year and i'm about to send it off as another letter to TBI. Wish me luck!! the question i have is - when they state "the documents arent held in a relevant filing system" as a reason not to send you your agreement is it really legally binding and mean that they can just slip out of responsibility? or (as i did with HSBC) am i within my right to say to them "you have admitted you don't hold a valid copy" thanks in advance - B

An application form is not a credit agreement They've no leg to stand on if that's all they have as proof of your debt.

Q2: We paid another rent payment in October, one month after we moved in. Q3: Ive checked the inventory and general upkeep and can't see where they'd pull me up on other repairs (they've been very slack and i've only had 3 inspections in 5 years) Q4: Im writing them a letter now to ask what they want done about the repairs and also to ask them to protect my deposit. I think this is the best approach. at least this way we can work out between us how to fix the kitchen before i even hand in my notice.

Hello - i do post on these forums but usually on the bank bits i find the people here amazingly helpful and i'm hoping someone can assist me as i have a number of questions. I signed my original joint tenancy (assured shorthold) agreement in September 2005 with my partner. The rent back then was £420 and my deposit was also £420 so initially i gave my landlord £840 at the start of the tenancy for 1 month in advance + deposit. In 2008 I split from my partner and he moved out and i signed a new sole tenancy agreement. The rent increased to £450 but is now paid by the council (paid to me first, then out of my account to my landlord) Question 1: Although the first agreement was signed in 2005 (the deposit wasn't covered by the deposit protection scheme) i have since signed a new one in 2008 and, am i right in thinking that my original deposit of £840 [or is it £420] should now be covered? and if so, i'm concerned that my landlords (private not agency) have never given me the details and can only therefore assume that they've not protected it. Question 2: I will be giving notice to terminate the tenancy in August and in the letter i've outlined that there is damage in the kitchen that needs to be fixed (whole new floor and a brand new sink) and that i'm prepared for that to be taken from my deposit and that i understand that damage at that level isnt covered by "general wear and tear" --- it was caused by the tumble dryer feet ripping the vinyl flooring and my brother melting the sink with a hot pan when he cooked here! Question 3: If they refuse to return any remaining money after the repairs (which i investigated the costs of because i wanted to do them myself at one point) which i estimated to be around £200 at most, can they legally not return the remaining £240? if i'm not covered by the deposit scheme what happens? Question 4: If i'm paid right up to date with the rent do they return the 1 month's rent in advance that i paid at the start? as i'm assuming this is also security to cover missing rent if it should arise? many thanks in advance and sorry for so many questions. I want to be informed before i send them my letter.

i need to resurrect this thread and i hope the same people are still about who helped me before. In the copy of the "Fixed Term Loan Agreement" that they FINALLY sent me a photocopy of it stated early settlement fees etc for however much of a % of the term had elapsed, being in a position where my partner could now potentially clear this loan for me, i phoned the bank with the information, saying i wanted to close it for the £3,000 that it states on the agreement what did they tell me "a managed loan agreement does not have an early settlement fee" so i look a bit closer at what i've signed and CAN NOT see the term or phrase "Managed Loan" anywhere on the agreement! am i right in thinking what i signed in 2007 is actually just a standard loan. it was re-done after i asked for the payments to go down a bit, beforehand it was taken out in 2004 but of course HSBC can't seem to be able to come up with that copy! so i suppose now i need to investigate whether a: what I've signed just holds me to a 'standard' loan agreement and whether i can pay off my loan with an early settlement b: whether or not i'm still bound by managed loan terms at all and if NOT deserve compen-bloody-sation anyway for all the stress I've gone through for the last 2 years OR c: if they cant find the 2004 copy i can fight again to have the whole thing written off!! where to start!?!?!?!

I fought them for over 12 months trying to get it sorted on the basis of an unsigned agreement and after missing deadlines and me taking them RIGHT to the last point they suddenly managed to find the agreement they had been stating didnt exist. was tough going and disappointing. the HSBC Managed Loan needs some kind of class action brought against it in my opinion. as it doesnt seem to have acutally ever helped anyone!

Battle is over - i received a photocopy of my agreement today - and it is signed by both me and the bank

the first 2 on that list are still being applied - payment and interest have both been taken. I have not heard from HSBC since 4th June and i'm wondering whether i should write Sue Hancock another letter or phone on the number she gave me, which is definitely a different format to the standard HSBC style numbers.

hm, reply from them saying they're looking into it {sigh}

My latest letter went out today. To be honest, I'm not wholly optimistic. I'm sure they'll find a way to wriggle out of it but we'll see!

thank you, i don't think i could have got as far as i have without the help of the people on here. I will write another letter and see what happens.

Thank you, i'm terrified of defaulting on it though. I have 6 defaults that are due to clear next year, i'd hate another one. Also, £1 a month will never pay it off and what i really want is it gone.

I have just received a letter from HSBC that says: "We are unable to provide the true original signed copy of the Managed Loan Agreement as this is not held in a structured filing system i.e. in files referenced with your name of account details and is therefore outside the scope of the Data Protection act '98. We are satisfied that this procedure meets with the Information Commission's requirements" "I confirm that our obligations under the Data protection Ace 1998 have been met" SOOOO does this mean i can still take them to court of an unenforceable loan, or are the absolved? B

HSBC sent my SAR information back - there are No Copies of my managed loan agreements in there at all lots of banter between branches going "have you got it" "no this isnt us, we dont deal with managed loans, try this other branch" like that for pages and pages. apparently, no one's got a copy of my managed loan agreement! so.....this makes it unenforceable, am i right?

surprise surprise - after waiting a further 7 days (from the date HSBC received another letter off me) i've heard NOTHING!! no letter to say the info is at my branch, no phone call to say its ready to be collected and not even an email on my internet banking to say that it's ready SO all that taken into consideration i'm sending my court letter! I have a folder full of photocopies (all in date order) as undeniable proof that the bank have not complied with ANY of my requests so i'm quite positive i have a decent case eeeek! here we go edited to add: is it worth me phoning the branch to see if it's there?

I have not sent the court letter yet but got a letter this morning from HSBC in response to my latest letter about the SAR telling me to let them know which branch i want to pick my data up from. They said the letter i sent was not received by them until 15th April.....the fact that they received it late does not absolved them does it? or do i reply and tell them my branch and wait for the data, before sending the court one?

with the copies i include, shall i use the letter from way back in June where they simply say "we cannot send you that" when i asked for the agreement to begin with? (as well as the more recent stuff) i feel daunted by it all a bit now. i'll spend a LOT of time reading over things before i formulate my letter to the court.

well, NADA from HSBC. They have not replied to my recent letter giving them 7 days to provide all the information i requested in my previous SAR from this Feb.... eeeek!!! ... what do i do now? Johnnymitch, i'm sorry to seem thick but i just don't understand that particulars of claim thing ?

Well, still nothing from HSBC (other than the ML statements), thought i'd give them a few days grace and wait till today which was 43 days i think. So letter is written and dated 30th March and going out tomorrow giving them 7 extra days from receipt of 2nd letter its so weird, i almost thought i'd produce the agreement! but they havent, or the rest, transcripts and credit card statement etc...... how rubbish and they're shooting themselves in the foot but NOT doing it. hypothetically, what happens if they STILL don't provide what i want after this letter? i take them to court as per the 2nd letter but what exactly happens? will they write off the loan?

is it 17: data protection act non compliance? i cant believe they didnt send ANYTHING i asked for!

Me again! well, their time is up ! 40 calendar days is this saturday - so, if i've nothing from them on Monday its onto the next stage! (i will definitely need some guidance on the next part!) im under the impression that despite the clarity in my SAR they thought i was just after bank statements! they never cashed the cheque i sent and stated in the letter they sent me just before my statements that it had been destroyed!

little update: so far all i have received are the bank statements for my managed loan. no other correspondence. they have 7 days left to provide full transcripts of ALL telephone calls i've ever had with them along with the managed loan agreement.....tick tock hsbc, tick tock!

cool that's what i sent, a SAR on 16th Feb. I guess if they arent even going to bother reading it properly its not really my problem if the 30th March rolls around and i've not had my transcripts and signed copy of my loan then its on to the next phase. i dont think i'm going to chase them over the fact they seem to have assumed my letter was about something else cuz it definitely gives me the upper hand that they arent actioning my requests really.