Bank has no documentation

BillK

We have written to Lloyds and Bank Of Scotland about a PPI claim and had the following response and wonder where to go from here?


Lloyds - Do not hold a copy of thee original mortgage agreement or details of any insurance that you held with the mortgage.
Data protection and retention laws require us to only hold documemtation for closed accounts for six years after they have been repaid.


Bank Of Scotland - If you want to apply formally under the Data Protection Act a fee of £10 per person is payable.


Any advice of where to go from here would be greatly appreciated.

[Deleted User]

If neither of them have any data, then you would need to provide your own evidence.

You can make a Subject Access Request if you think there might be some remaining information. This is free (the £10 fee no longer applies).

I'm assuming here that you mean a PPI complaint, rather than a PPI claim, which would be a different process.

[Deleted User]

BillK wrote: »

Lloyds - Do not hold a copy of thee original mortgage agreement or details of any insurance that you held with the mortgage.
Data protection and retention laws require us to only hold documemtation for closed accounts for six years after they have been repaid.


Bank Of Scotland - If you want to apply formally under the Data Protection Act a fee of £10 per person is payable.

Firstly, why do you need Agreements? Did you actually request these, or did you simply ask if you had PPI? If the former, you don't need Agreements, if the latter it looks as if the Bank have no records of your old mortgage.

The £10 fee for Subject Access Request (SAR) letters has now been waived and BOS are wrong to request that now.

While a SAR will require the Bank(s) to divulge all information they have kept on file for you, it looks very much like you are out-of-luck unless you can provide documentary evidence from your own archive. But did you even have PPI? Note that most people didn't.

BillK

Deleted_User wrote: »

If neither of them have any data, then you would need to provide your own evidence.

You can make a Subject Access Request if you think there might be some remaining information. This is free (the £10 fee no longer applies).

I'm assuming here that you mean a PPI complaint, rather than a PPI claim, which would be a different process.

I'm not sure what you mean by complaint and claim?
We want to claim for mis-selling.

[Deleted User]

You don't claim for mis selling. You make a complaint about mis selling.

You claim when you have lost your job and want the PPI policy to pay out.

[Deleted User]

BillK wrote: »

We want to claim for mis-selling.

No.
You want to COMPLAIN that you were mis-sold.

You make a claim when you suffer a claimable event.

Regardless, looks as if you'll struggle to do either since there are no longer any records...

BillK

Moneyineptitude wrote: »

Firstly, why do you need Agreements? Did you actually request these, or did you simply ask if you had PPI? If the former, you don't need Agreements, if the latter it looks as if the Bank have no records of your old mortgage.

The £10 fee for Subject Access Request (SAR) letters has now been waived and BOS are wrong to request that now.

While a SAR will require the Bank(s) to divulge all information they have kept on file for you, it looks very much like you are out-of-luck unless you can provide documentary evidence from your own archive. But did you even have PPI? Note that most people didn't.

We followed the guidance on MSE and sent off the required forms asking for loan agreements and associated insurance added to the account (this was a year ago and we have only just picked up the process again).

BillK

Thanks both for clarifying the terminology:o

[Deleted User]

BillK wrote: »

this was a year ago and we have only just picked up the process again

Sounds like you were too late a year ago, let alone now.

But did you even have PPI?

If so, ask the banks directly if you had the insurance. Forget about Agreements, the MSE advice article does state that they are not available for closed accounts.

BillK

Moneyineptitude wrote: »

Sounds like you were too late a year ago, let alone now.

But did you even have PPI?

Yes I did, just not 100 percent sure it was Lloyds / Scottish Amicable, hence also writing to BOS.

[Deleted User]

BillK wrote: »

just not 100 percent sure

Without documentation from your own archive, you are going to struggle with this. Any reason why you are are only now looking at the replies you received a year ago?