No record of loan application/signature

[Syd83]

Hi there,

 

I have been trying to pay off my loan for the past couple of years and had all sorts of problems with the bank. On the grand scheme of things my credit record is terrible and i know it, there is one default on there, loads and loads of missed payments etc etc as I was unemployed for a while last year and struggled to get by.

 

Having said this my bank still keeps insisting that i consolidate my overdraft with my loan and take out another loan... I appears to me that they don't have my original loan application and want me to take out a new loan so they have my signature.

 

I think this due to previously doing a SAR and not getting anything back as far as my loan paperwork is concerned.

 

Where do i stand with this, can i ask them for a copy of the orignal papers and if they dont come up with them refuse to pay??

 

Thanks,

Syd83

[yourbank]

Did you take out any loan insurance with it?

 

The obvious question I missed was about bank charges, now that is worth doing as well

[Syd83]

Im just looking into the bank charges, I started looking at it a while ago but got too confused by it all.

 

The loan did not have any insurance on it as i have previously had a loan with insurance and when i was made redundent i rang and they sent me a form but it was as thick as the argos book and i gave up filling it out in the end

[dpick]

Hi in the sar letter did you ask for all data they hold on you if you just asked for bank statements thats all they would send same if you just asked for all data on the bank account then they would not include your loan. All Banks/financial companies are now being as akward as possible now.

 

dpick

[Syd83]

Hi in the S.A.R - (Subject Access Request) letter did you ask for all data they hold on you if you just asked for bank statements thats all they would send same if you just asked for all data on the bank account then they would not include your loan. All Banks/financial companies are now being as akward as possible now.

 

dpick

 

I asked for all statements and manual intervention although i notice now we only listed the bank account number and not the loan account number therefore i intend to S.A.R - (Subject Access Request) them again with both account numbers at the top, then they should send us everything... if i still dont receive anything regarding the loan i will send the non compliance letter out and see what they come up with then...

 

As far as claiming back charges i have prepared the SAR as mentioned above as a whole year has passed by since we first started looking at it (the first time round i did not have a clue what i was doing but now have a clearer idea of what i am suposed to do) Once i receive the statements through i will add in the charges for the last year in the spreadsheet

 

Although i presume the charges from 2001/2002 will drop off the end now and i cannot claim them any longer??

 

I will keep you posted on where i get with this

[paulwlton]

You need to send a section 77 request off

[Syd83]

You need to send a section 77 request off

 

Ok, what is that and what doed it do?

[paulwlton]

Ok, what is that and what doed it do?

 

Adapt to your own needs

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other