Guarantor Loans Complaints

Mel2426

Hi,

I'm not sure if anyone can help me, I'm new here.

I recently opened up two complaints with Amigo and UK Credit for the mis selling of guarantor loans. I requested these were looked in to by the company as I felt these were mis-sold to me on the basis of my financial situation along with the hardship and further detrimental impact that has taken place to me Credit file.

The Amigo representative advised that despite me having the loan paperwork to prove my account existed with them, they no longer hold my details on their systems due to GDPR, and my complaint can not progress if they have detailed it. Is this right?

UK Credit have requested bank statements for the month prior to the loan being paid and two months after to continue with their assessment/investigation. Should I provide them with this, is it a normal request? 

Thanks 

[Deleted User]

If Amigo have no data, they can't review the complaint. You will need to provide as much of the paperwork as you can, but your chances are very low.

Re UK Credit - if you're alleging that your financial position was so poor that you should not have been given the loan you asked for, it's reasonable for them to ask you to support that.  You don't have to, but they'll have to assess your complaint without that evidence.

Mel2426

Thanks for your help with this. 

I did provide all my paperwork to Amigo but they just said they couldn't.....and advised me to go to the ICO if I wasn't help that they deleted my account. It just didn't make sense that they were saying they couldn't confirm the case if I was providing the documentation.

GrumpyDil

How long ago was the amigo loan taken out?

sourcrates

Mel2426 said:

Thanks for your help with this. 

I did provide all my paperwork to Amigo but they just said they couldn't.....and advised me to go to the ICO if I wasn't help that they deleted my account. It just didn't make sense that they were saying they couldn't confirm the case if I was providing the documentation.

Let me get this straight, they say they have no details about your loan account with them, is that correct ?

Does that include not been able to provide a copy of your credit agreement or signed guarantor form ?

Are you not aware that failure to provide such documents renders the account unenforceable ?

It also means you could choose not to pay, are you 100% certain that is the position ?

GrumpyDil

I think the loans have been settled and OP is now raising a complaint.

My question would be how long ago was the loan settled. Normally I'd expect the company to retain records like that for at least 6 years post the loan being settled. If they've destroyed them in less than that time frame then poses an interesting situation

DCFC79

I don't think you will get anything (and if you do it may only be a fraction amount) from Amigo as they are in trouble as it is.

Thrugelmir

GrumpyDil said:

I think the loans have been settled and OP is now raising a complaint.

My question would be how long ago was the loan settled. Normally I'd expect the company to retain records like that for at least 6 years post the loan being settled. If they've destroyed them in less than that time frame then poses an interesting situation

No requirement to maintain all correspondence outside of base financial information. 

sourcrates

GrumpyDil said:

I think the loans have been settled and OP is now raising a complaint.

My question would be how long ago was the loan settled. Normally I'd expect the company to retain records like that for at least 6 years post the loan being settled. If they've destroyed them in less than that time frame then poses an interesting situation

It’s not quite clear what the circumstances are.

GrumpyDil

Op says he was advised to go to ICO and that he was told , "they no longer hold my details on their systems due to GDPR".

Hence my comment about deletion. Can't remember the exact wording around GDPR and data retention but I would certainly expect details of OP as a customer to be retained for at least 6 years post the settlement of the loan. Hence my question about timescales. 

Mel2426

Thanks for all your replies, the time with Amigo was between  2012 - 2014 ish. 

Yes, the account has been settled with Amigo, its strictly about compensation.