Irresponsible lending - Amigo Loans

kelswals

I’ve applied to Amigo loans for irresponsible lending asking for a refund and interest through Resolver. I also submitted my original loan agreements as well. 

They responded with this below;
Thank you for your email. I have tried to locate information which we may still have on file. From this review I believe that due to the time which has elapsed the data may have been removed for data protection. 
You can submit a complaint to the Information Commissioner's Office (ICO) if you feel this information should be on record. Their helpline number is 0303 123 1113.  

I then called ICO and they informed me that they would have nothing to do with this matter as I have given Amigo my
original agreements and I should seek further advise

Could anyone please help me and lead me to where I go from here?

[Deleted User]

If they don't have the required data remaining, there's nothing more you can do.

When did you apply for the loan?

dunstonh

I then called ICO and they informed me that they would have nothing to do with this matter as I have given Amigo my
original agreements and I should seek further advise

The ICO are correct.  They are not directly responsible for the destruction of data.  They are there to ensure firms comply with data protection.      I suspect the person you spoke to wouldn't have a clue about financial services as its not their remit.

The data protection act requires the destruction of data that is no longer required.    For most items, the regulator recommends 6 years.  However, firms are free to use their own rules.

A credit agreement only shows you had a loan.  It does not provide any background on it (such as the application you made and the information supplied to help them make a lending decision).

kelswals

Deleted_User said:

If they don't have the required data remaining, there's nothing more you can do.

When did you apply for the loan?

I applied in 2013 and 2014. 

[Deleted User]

It's unsurprising that the data isn't available in that case.

kelswals

Deleted_User said:

It's unsurprising that the data isn't available in that case.

Exactly what I was thinking. That’s why I’m not sure where I go from here.  

[Deleted User]

Nowhere.    

[Deleted User]

If they have (correctly) delete your records in line with the data protection laws in the UK then you must provide evidence from your own records, or your complaint is over.

kelswals

Deleted_User said:

If they have (correctly) delete your records in line with the data protection laws in the UK then you must provide evidence from your own records, or your complaint is over.

I have provided my original loan agreements 

MalMonroe

You could perhaps try Citizens Advice? On their website https://www.citizensadvice.org.uk/ 
they do have a section on irresponsible lending. But as others have said, it's been a while since you applied. Might be worth a look, though - maybe even a phone call just to check.

[Deleted User]

kelswals said:

Deleted_User said:

If they have (correctly) delete your records in line with the data protection laws in the UK then you must provide evidence from your own records, or your complaint is over.

I have provided my original loan agreements 

As you have already been advised, that just shows you had a loan. 

From the MSE site, you are arguing they didn't do affordability checks on you or the guarantor for example - they don't have any records left showing that you were checked or not so you would need to show that, perhaps showing you had no income or kept topping up loans or whatever
https://www.moneysavingexpert.com/reclaim/reclaim-guarantor-loans/