AA Loan, Resusing to send copy of orginal agreement???

ryanblackers

Hi All,

Newbie on this site, but thought i'd have a go at claiming some 'misold' PPI from AA personal finance for a loan of 5k over 4 years that finished in march this year.

Basically filled in 1 of the template letters a few weeks ago asking for a copy of my original agreement, and sent it off. Received a letter back on friday stating the following:

• Subject 77(3) of the Act provides amongst other things that section 77(1) does not apply to an agreement under which no sum is, or will or may become, payable by the debtor.
• The above loan was repaid on 30/03/2009 this means no sum is, or will or may become payable by the debtor and therefore the bank is under no requirement to provide a copy of the agreement any document reffered to in it or a statement of account.

Have i fallen at the first hurdle??? Thanks in advance

Ryan

di3004

ryanblackers wrote: »

Hi All,

Newbie on this site, but thought i'd have a go at claiming some 'misold' PPI from AA personal finance for a loan of 5k over 4 years that finished in march this year.

Basically filled in 1 of the template letters a few weeks ago asking for a copy of my original agreement, and sent it off. Received a letter back on friday stating the following:

• Subject 77(3) of the Act provides amongst other things that section 77(1) does not apply to an agreement under which no sum is, or will or may become, payable by the debtor.
• The above loan was repaid on 30/03/2009 this means no sum is, or will or may become payable by the debtor and therefore the bank is under no requirement to provide a copy of the agreement any document reffered to in it or a statement of account.

Have i fallen at the first hurdle??? Thanks in advance

Ryan

Hi Ryan and welcome.

Can you remember the year you taken this out?

Sometimes it can be difficult to retrieve anything beyond the 6 years, however in regards of requesting a Subject Access Request (SAR) and the account closed this year they should be able to obtain something.

When you requested for the Agreement alone, did you enclose the £1 which is normally the charge for this request?

di3004

Ryan

I was meant to ask in my above post, the first letter was that just to request for your agreement or a reclaim on the PPI?

If you already have paperwork and with your reasons you have you can still try to reclaim, if you don't succeed they should let you know in the final decision if your able to take your case to the Financial ombudsman service (FOS).

If you having problems with them sending you anything, you can try as well by contacting the Information Commissioners office (ICO) who should guide you in the right direction in regards of your agreement etc, here:
https://www.ico.gov.uk/Global/contact_us.aspx

In regards of reclaiming check this link here with useful info and templates.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

You could actually ring the FOS and ask if they are able to help, explain how far yu have gone with this and the problems, and see what they suggest is best, it could be that they will write to the business on your behalf as well, you can request for them to do this if you want to here:
http://www.financial-ombudsman.org.uk/contact/index.html

Hope this have been of some help for you now, but this way you can then move on with this then.;)

ryanblackers

Thanks for reply

The loan was taken out in March 2005, over 4 years. It was only the 'Subject Access Request' that i sent but i did not enclose £1.00. Would this of made a difference, seems like they got their back up pretty quick though. Any ideas

Ryan

marshallka

di3004 wrote: »

Hi Ryan and welcome.

Can you remember the year you taken this out?

Sometimes it can be difficult to retrieve anything beyond the 6 years, however in regards of requesting a Subject Access Request (SAR) and the account closed this year they should be able to obtain something.

When you requested for the Agreement alone, did you enclose the £1 which is normally the charge for this request?

Di, they do not have to send a copy of the agreement if the account is settled I do not think. You could only get it in a SAR request and then again only if settled within the last 6 years.

Subject 77(3) of the Act provides amongst other things that section 77(1) does not apply to an agreement under which no sum is, or will or may become, payable by the debtor.
The above loan was repaid on 30/03/2009 this means no sum is, or will or may become payable by the debtor and therefore the bank is under no requirement to provide a copy of the agreement any document reffered to in it or a statement of account.


You cannot make a complaint for requesting the agreement and them not sending it if there is no debt owing on the account as this reads in the CCA . The only way of getting this info is within a SAR.

marshallka

ryanblackers wrote: »

Thanks for reply

The loan was taken out in March 2005, over 4 years. It was only the 'Subject Access Request' that i sent but i did not enclose £1.00. Would this of made a difference, seems like they got their back up pretty quick though. Any ideas

Ryan

A SAR costs you £10 and copy agreement £1. If you did not send any money then they are not obliged to send either. As your account is settled and no debt is owing then the only way of getting your agreement now (to be certain) is within the SAR. They are not obliged to send this in a section 77/78 request.

ryanblackers

Ok thanks,

So shall i fill in another template letter, and enclose £11.00 cheque?? Which template should i use?

Ryan

marshallka

ryanblackers wrote: »

Ok thanks,

So shall i fill in another template letter, and enclose £11.00 cheque?? Which template should i use?

Ryan

You only enclose £10 (for EVERYTHING THEY HOLD WHICH INCLUDES THE AGREEMENT) and it can take them up to 40 days (you have to give them this amount of time) to comply.

The template is here

They will have to send the info in this one.

Good luck

http://forums.moneysavingexpert.com/showthread.html?t=1475553

Send this recorded delivery also.

ryanblackers

Thanks alot,

Just filled in the blanks and enclosed a cheque for a tenner. Will nip round to the post office at lunch and send it recorded......

Ryan:rotfl:

ryanblackers

Hi all,

Just an update, my £10.00 cheque was banked 3 days after i sent the letter. Hadn't heard anything so i rang them yesterday. There are not any notes on the system regarding my letter or cheque, yet they have banked it...

What shall i do?

di3004

ryanblackers wrote: »

Hi all,

Just an update, my £10.00 cheque was banked 3 days after i sent the letter. Hadn't heard anything so i rang them yesterday. There are not any notes on the system regarding my letter or cheque, yet they have banked it...

What shall i do?

Hi Ryan

this is for the SAR then?

This can take up to 40 days, with one of mine they banked it within days, and yet it was almost 40 days then when we received it.;)
Good that your checking though.