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Ppi Claiming

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hi all just spoke to natwest loans department for copy of loan agreement which i took out in may 2003,they said once the loan has gone thats the end of agreement so they dont have a copy of paperwork,i dont think thats right,can anyone help please.:confused:

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  • marshallka
    marshallka Posts: 14,585 Forumite
    MARKY74 wrote: »
    hi all just spoke to natwest loans department for copy of loan agreement which i took out in may 2003,they said once the loan has gone thats the end of agreement so they dont have a copy of paperwork,i dont think thats right,can anyone help please.:confused:

    From my understanding if you request the agreement under section 77/78 of the CCA then they have to supply it IF the loan is still active (within 12 days) but if there is nothing owing on it then this request does not have to be complied with.


    You can request a Subject Access from them. This is ALL the information they hold on you and its costs you £10 and they have 40 days to supply it.

    It would more than most likely include a copy of your agreement...

    There is a template letter here...

    SAR - SUBJECT ACCESS REQUEST

    Dear

    Re: Account number:

    In the first part under the Data Protection Act 1998:

    Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with a complete list of transactions and charges relating to the above accounts held with you since they were opened.

    Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you.

    If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.


    For the avoidance of any and all doubt, I reiterate:

    I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included).

    If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

    Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.





    I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

    I enclose the statutory maximum fee of £10.00 to access ALL data held by XXXXX about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

    You have 40 days in which to comply with this request.

    This communication has been sent Recorded Delivery so I can ensure compliance on these issues within the legislative timeframes.

    Yours Sincerely
  • thanks for the letter,the loan finished 2 yrs ago ish,the bank told me they wouldnt give me the loan without insurance so i had to pay it,:mad: ,do i send all of that letter.cheers
  • di3004
    di3004 Posts: 42,579 Forumite
    MARKY74 wrote: »
    thanks for the letter,the loan finished 2 yrs ago ish,the bank told me they wouldnt give me the loan without insurance so i had to pay it,:mad: ,do i send all of that letter.cheers

    Hi Mark

    The post above what Marshallka posted is what you send off to request everything they have on you, so yes you send all that.;)

    Once you receive the requested info, this may be a help to your complaint, there is a template on this site for then you get to that stage here:
    http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

    You seem to have a case anyway, but check out the above link where you will see some useful PPI info and reasons for mis selling, when it comes to send this letter to complain, add as much info as you can in your own words as well as much as you can, they have 8 weeks to respond in full.

    Another letter maybe required, if not successful the first time round, and is still successful you should then have the opportunity to take your complaint to the financial ombudsman service (FOS).


    Post up and let us know the outcome of this and we shall take it from there and help all we can to guide you to the next step.

    However, please note as well there is an actual "PPI Reclaiming discussion" thread, you will find very helpful members there, which includes Marshallka who helps regularly with these issues on there, as her post above.;)

    Just click loans and you will see that mentioned thread at the top of the page.

    Good luck.;)

    Di
    The one and only "Dizzy Di" :D
  • many thanks all,i will send all the letter then,i borrowed £16,000 over 4 or 5 yrs,would that be alot of money.cheers.the letter is ready with the cheque gonna post it myself so i know it got there ok.fingers crossed will keep you informed how its goin.
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