Confused! CCA - SAR

alwayshappy_3

Hi

I hope somebody can offer me some advice

We took out a secured loan with PPI (they said we had to have it or we couldnt have the loan) in 2001 for £6900. In 2004 we fell behind with payments and they said we could settle the loan in full for £6000. We remortgaged our house to raise the extra money but on the day of the remortgage the solictor was told we had to pay £11k or the remortgage couldnt go ahead. Obviously we agreed to this but we werent very happy.

I decided to try and reclaim the PPI but I had no paperwork. I sent a letter requesting the CCA which they sent but there is no date on it and no signatures. I then sent another letter requesting the PPI + interest to which they said no because we could have cancelled at anytime!

When we took the loan out we wasnt married so it was in my husbands name and my maiden name. when I sent the first letter requesting the CCA they replied back using my married name and sent me a copy of the CCA. (a one page photocopy!)

My husband sent a SAR request and postal order using his name and my married name and they have sent a reply saying that they cant send us the information because my husbands signature doesnt match the one they have on record and they want his passport or driving licence sent. then they say they was not informed of my name change and want our marriage certificate as proof.

Why have they suddenly queried my name change when they have sent me the CCA and a letter in my married name? the CCA they sent me has no signatures on it so what are they comparing my husbands signature to??

I really dont want to send them any of our documents what should i do? and why do they want the documents, it just seems a bit strange to me?

Sorry for the long post and I hope someone can help

RAS

Hi

You might be better posting on the PPI forum for this.

Did the "CCA" contain any reference to the PPI?

Have they even sent you the T&Cs relating to the loan and PPI? Even if they have not, you may find that others on the reclaim forum have a copy of the relevant documents.

alwayshappy_3

yes the CCA gave the amounts for the loan, PPI and interest and how many months it was over and that was basically it.

RAS

But no T&Cs explaining when the PPI would pay out?

alwayshappy_3

No its just a one page photocopy at the bottom where it should be signed its blank and no date on it anywhere!

They didnt send any terms or conditions with it.

why do you think they want our signatures?

RAS

It may be pity that you paid this off, as it does not appear to have been a legally enforceable debt. So I sure as heck do not see how they can expect you to pay PPI on a legally unenforceable debt.

As for the signatures, you are right to be concerned. We now have four reports of signatures or details of the account being altered after the date the date was arranged.

1. The signature on the CCA was that of the debt advisor who wrote on behalf the debtor.
2. The signature was in the married name of the woman who had no intention of marrying her future husband at the time the debt was taken out.
3. The value of the debt was altered after it was signed.

Can't remember the fourth.

What other documents would OH have signed?

If they are not complying with the SAR, speak to the Information Commisioner.

alwayshappy_3

Not really sure what else he would have signed, i must have signed it too cos it was a joint loan. they have kept the £10 postal order we sent and i am not sure how to go about getting the SAR without sending copies of our marriage certificate and passportsDo you think they are worried about something ie why they made us pay £11k when they had ageed to £6k. Also they never sent any receipt to say we had paid this and stupidly i think i shredded the documents from the solicitors which had the figures on. The solictors have said they can provide copies of all the paperwork for £30 but it might take a while to get them out of the archives.

alwayshappy_3

Bumpity bump!!

Anyone any advice?:D

kel123_2

Hi

The lender has no reponsibility to supply a cca on a settled account!

The lender under the Data protection act 1998 has to supply upon request all information regarding the account weather settled on not. £10 is the maximum they can charge

Here is an example

Quote:
[your address]



[their address]


[DATE]

Data Protection Act 1998
Subject Access Request

Dear Sir/Madam


ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)


Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
I would be happy to collect the Data from my local branch.


Yours faithfully,


[signature] (Sign it over your names this way it cannot be copied)


[name]


I would write a formal complaint letter to them asking why the signatures are different, why they replied under your married name and didn't ask for proof then, and why they are refussing to comply with the Data Protection act 1998 because if they are unsure of you now then they have already contraveened the Data Protection act 1998 by supplying the cca and also that you are expecting the information by XXXXXXX (40 days from reciept of your sar letter)

Lets be honest here you can afford to be harsh in the letter, you cannot loose only win

Kel

alwayshappy_3

Hi

I have already sent the SAR request and a £10 postal which they kept.

I will send them a complaint letter using your suggestions (not very good at writing letters tho!)

thanks :j