No loan Agreement

tricky123

Hello,I send off for my sar for my bank loan.The first letter I got back said signature not the same,so went into bank with driving licence.They stamped it and they sent it off.Rang them told them 40 days is running out,was told no another 19 days.phoned information commisioner and was told when they stamped it and send it was start of 40 days.so rang back was told ok, it is in deep storage please give more time.When it arrived it says unfortunately on this occasion I am unable to locate the loan agreements for you.then says its out of scope of the sar act.therefore I would not be entitled to them and the rest will be sent out under separate cover.this is after 40 days has passed.This doesnt sound right to me any thoughts

di3004

tricky123 wrote: »

Hello,I send off for my sar for my bank loan.The first letter I got back said signature not the same,so went into bank with driving licence.They stamped it and they sent it off.Rang them told them 40 days is running out,was told no another 19 days.phoned information commisioner and was told when they stamped it and send it was start of 40 days.so rang back was told ok, it is in deep storage please give more time.When it arrived it says unfortunately on this occasion I am unable to locate the loan agreements for you.then says its out of scope of the sar act.therefore I would not be entitled to them and the rest will be sent out under separate cover.this is after 40 days has passed.This doesnt sound right to me any thoughts

Hi there

Did they also return the payment?

How long ago was it when you taken out the finance, and what year settled (paid off), if the last 6 years, they should hold some details.

Hopefully someone will post with some good advice on this one for you, but in your case give the ICO another call and let them know about this if you not done so yet. (About the letter you received back).

Good luck with this.

tricky123

thanks.the loan was taken out 2years ago and still has 2years to go on it.the payment has not been returned .the loan was first taken out with ppi on it,this was cancelled about a year ago. if they cannot find the loan agreement then the loan is unforceable,is this true

dunstonh

f they cannot find the loan agreement then the loan is unforceable,is this true

No its not true.

The courts ruled on 6 cases on this in December and it was decided by the courts that they do not need to supply the original agreement. They can recreate one using the personal details they hold on you and the terms of the loan.

These rulings basically blew the unenforceable loan theory out of the water. Its possibly linked to why you are seeing an increasing number of claims companies starting to fail as they dont have the money to return to [STRIKE]mugs [/STRIKE] customers that fell for their claims.

di3004

tricky123 wrote: »

thanks.the loan was taken out 2years ago and still has 2years to go on it.the payment has not been returned .the loan was first taken out with ppi on it,this was cancelled about a year ago. if they cannot find the loan agreement then the loan is unforceable,is this true

Hi there
If they do not return the payment, which they should have done because they have not supplied you with anything in relation to your account, I would write to request they pay this back to you right away, again contact the ICO if any problems here.

I am not sure in issues regarding unenforceable loans etc, the best place to post on this actual matter would be on the actual loan thread itself here:
http://forums.moneysavingexpert.com/forumdisplay.html?f=12

Hope this helps.:)

di3004

Sorry Dunstonh we must have posted the same time.;)

tricky123

Thanks to you both.shows im a bit out dated then.I think to ring the ICO 2morrow sounds a good idea.I know there is a lot more information on this loan because I seen it on the system when ive been in the bank.thanks again.if i tried that trick i would of looked the mug.ha ha.

di3004

tricky123 wrote: »

Thanks to you both.shows im a bit out dated then.I think to ring the ICO 2morrow sounds a good idea.I know there is a lot more information on this loan because I seen it on the system when ive been in the bank.thanks again.if i tried that trick i would of looked the mug.ha ha.

lol good luck with this.:D;)

tricky123

phoned the ICO 2day its closed to the 10th because of industrial action.Think r just have 2 wait

di3004

tricky123 wrote: »

phoned the ICO 2day its closed to the 10th because of industrial action.Think r just have 2 wait

Oh damn, forgot all about that - the strike action.......:o, so Wednesday now then?
Good luck.

tricky123

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