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mp1
Posts: 3 Newbie
I recently requested filled out a letter one of Martin Lewis's letter template
requesting my original credit agreement and all other subsequent agreements under section 77 of the consumer credit act 1974 but my bank recently replied with.
Under the CCA we will act on s. 77(1) or s. 78(1) request if the regulated agreement has not ended. We will also comply with a subject access request made under the DPA but that will not include providing personal data contained in manual archived files as these files are not structured in a way that are relevant filing system for purposes of the DPA. You are made aware of this so as not to raise your expectations that a subject access request will produce copies of agreements relating to paid loans.
As your request relates to loans that have ended we have no obligation to provide the information you request . Accordingly, the fee enclosed with your letter is returned.
"Where do I stand, am I entitled to these documents?
mp1
requesting my original credit agreement and all other subsequent agreements under section 77 of the consumer credit act 1974 but my bank recently replied with.
Under the CCA we will act on s. 77(1) or s. 78(1) request if the regulated agreement has not ended. We will also comply with a subject access request made under the DPA but that will not include providing personal data contained in manual archived files as these files are not structured in a way that are relevant filing system for purposes of the DPA. You are made aware of this so as not to raise your expectations that a subject access request will produce copies of agreements relating to paid loans.
As your request relates to loans that have ended we have no obligation to provide the information you request . Accordingly, the fee enclosed with your letter is returned.
"Where do I stand, am I entitled to these documents?
mp1
0
Comments
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You can put in a request for personal data that is held in a "relevant filing system" (which boils down to a temp could find it with your full name, address and date of birth).
You are not normally entitled to personal data that could not be retrieved with this information. This would normally exclude microfiche held in policy or account number order unless there was also an alphabetical database of policyholders identifying where their fiche could be found.0 -
"Where do I stand, am I entitled to these documents?
Why are you requesting the agreement under S77/78 when it doesnt apply?
Under the reference you have quoted, no you are not entitled to them.I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0 -
Why are you requesting the agreement under S77/78 when it doesnt apply?
Under the reference you have quoted, no you are not entitled to them.
Looking under Section 77-79 of the credit agreement act 1974 Covers the creditors duty to give information the debtor or hirers under a fixed term, long running account and hire agreements.
mp10 -
Looking under Section 77-79 of the credit agreement act 1974 Covers the creditors duty to give information the debtor or hirers under a fixed term, long running account and hire agreements.
Only to debts that still exist. Not to debts that have been repaid.I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0
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