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  • FIRST POST
    dottieminstral
    Blackhorse PPI - Claiming to have no records of my loan
    • #1
    • 9th May 11, 2:02 PM
    Blackhorse PPI - Claiming to have no records of my loan 9th May 11 at 2:02 PM
    Hi all,

    Yay for the recent news on PPI but BOO HISS for me for not keeping hold of all my Blackhorse Loan info.

    My husband and I took out a loan with Blackhorse at our local branch some years ago (over 6 years), because we were in financial difficulty at the time we were told to take PPI as it would improve our chances of getting approved. None the wiser we accepted this and signed up. Loan approved we paid extortonate rates on our loan which never appeared to go down and even went higher than the inital amount we had borrowed. Then, in December 2005, my husband and I were both made redundant and tried to claim using our PPI. We were told that we couldn't do this because we had to be signing on at the Job Centre. Neither of us did this as we had our redundancy money to live off of and soon we were both back in employment. We ended our loan with Blackhorse some years back (but not over 6 years).

    Today I called Blackhorse to get hold of my loan details only to be told that they had no records of me and the only way to prove I had a loan is to get bank statements to back this up. Is it me, or does this smell rather off??

    I am going to call my bank now for statements, but can anyone else advise me on how to approach this one?

    Thank you in advance,

    Claire
Page 1
    • magpiecottage
    • By magpiecottage 9th May 11, 2:56 PM
    • 9,086 Posts
    • 5,584 Thanks
    magpiecottage
    • #2
    • 9th May 11, 2:56 PM
    • #2
    • 9th May 11, 2:56 PM
    They may be able to timebar your complaint on the grounds that the policy was sold more than six years ago it is more than three years since you became aware you had grounds for complaint (i.e. when you attempted to claim and failed).

    Furthermore, they can also argue that you would have been eligible had you complied with the policy conditions and signed on but you chose not to.

    Not retaining personal details long after the business relationship has ended is not grounds for a complaint to be upheld because the Data Protection Act prohibits holding personal data for longer than there is reasonable cause to do so.
  • dottieminstral
    • #3
    • 9th May 11, 10:10 PM
    • #3
    • 9th May 11, 10:10 PM
    Since posting this, I have contacted our bank and also checked my credit report. Our loan was started in April 2004 and we settled it before its term in March 2007. We still have these details showing on our credit report, so is it really too late to try and claim? I haven't claimed before now due to the court case but now it's all simmered down I am raring to go.

    I have requested some statements to prove payments for the loan which is what Black Horse have recommended.
    • di3004
    • By di3004 9th May 11, 10:13 PM
    • 42,302 Posts
    • 56,679 Thanks
    di3004
    • #4
    • 9th May 11, 10:13 PM
    • #4
    • 9th May 11, 10:13 PM
    Hiya and no its not too late to make a reclaim, go for it, mine are from earlier years, good luck.

    http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance
    The one and only "Dizzy Di"
    • gibboking
    • By gibboking 9th May 11, 11:16 PM
    • 224 Posts
    • 87 Thanks
    gibboking
    • #5
    • 9th May 11, 11:16 PM
    • #5
    • 9th May 11, 11:16 PM
    They claimed to of lost my details also, and like original poster they told us that we would have a better chance of getting the loan if we took out the PPI.
    Look atfer the Pennies and the 's will care for themselves
  • dottieminstral
    • #6
    • 9th May 11, 11:20 PM
    • #6
    • 9th May 11, 11:20 PM
    Ahh now that IS interesting! It appears to be one of their selling tactics for PPI and now we are getting a standard response on the phone.

    How are you progressing with the claim??
    • di3004
    • By di3004 9th May 11, 11:23 PM
    • 42,302 Posts
    • 56,679 Thanks
    di3004
    • #7
    • 9th May 11, 11:23 PM
    • #7
    • 9th May 11, 11:23 PM
    They claimed to of lost my details also, and like original poster they told us that we would have a better chance of getting the loan if we took out the PPI.
    Originally posted by gibboking

    Hiya

    You can still make a reclaim with just using the account number.

    Do you still have the account number, try tracking it down otherwise on old statements, these should be enclosed on them if the loan have been active over the last 6-7 yrs.

    If you requested for your data by means of a Subject access Request (SAR) they must comply by the Data protection act (DPA), do basically for this its a one off 10 cheque or postal order, and they have 40 calendar days to comply.
    If they are unable to send your data, they should return your payment with a written explanation, but they MUST have something if the account was running at all over the last stated years as said above.
    http://forums.moneysavingexpert.com/showthread.php?t=1475553

    Any problems you contact the Information Commissioners Office (ICO who you can ask to look into this matter for you.
    http://www.ico.gov.uk/for_organisations/data_protection.aspx

    https://www.ico.gov.uk/Global/contact_us.aspx
    The one and only "Dizzy Di"
    • gibboking
    • By gibboking 9th May 11, 11:30 PM
    • 224 Posts
    • 87 Thanks
    gibboking
    • #8
    • 9th May 11, 11:30 PM
    • #8
    • 9th May 11, 11:30 PM
    Thanks Di

    I did send the SAR request about 2 years ago now, with the 10.
    I think the returned they returned the cheque claiming to have no record of us even though I gave them account numbers.

    One was opened on 12/06/01 and the other on 17/07/02 and on both occassions we were told that taking out the PPI would help our application....I remember it so well, ot was the main reason for us starting to try and reclaim 2 years ago against everyone who we had had PPI with.
    They were both settled early when we took out the Firstplus loan (see other thread)on 19/11/2003.
    So it is probably too late to go after them anyway.
    Look atfer the Pennies and the 's will care for themselves
    • di3004
    • By di3004 9th May 11, 11:41 PM
    • 42,302 Posts
    • 56,679 Thanks
    di3004
    • #9
    • 9th May 11, 11:41 PM
    • #9
    • 9th May 11, 11:41 PM
    Thanks Di

    I did send the SAR request about 2 years ago now, with the 10.
    I think the returned they returned the cheque claiming to have no record of us even though I gave them account numbers.

    One was opened on 12/06/01 and the other on 17/07/02 and on both occassions we were told that taking out the PPI would help our application....I remember it so well, ot was the main reason for us starting to try and reclaim 2 years ago against everyone who we had had PPI with.
    They were both settled early when we took out the Firstplus loan (see other thread)on 19/11/2003.
    So it is probably too late to go after them anyway.
    Originally posted by gibboking

    Hopefully they will go back to these cases and reopen them, since the outcome of the BBA today not going to appeal it does open the doors to old cases
    The one and only "Dizzy Di"
    • gibboking
    • By gibboking 10th May 11, 12:01 AM
    • 224 Posts
    • 87 Thanks
    gibboking
    So its worth a go then?
    How far back could people be claiming now then?
    Look atfer the Pennies and the 's will care for themselves
    • di3004
    • By di3004 10th May 11, 12:11 AM
    • 42,302 Posts
    • 56,679 Thanks
    di3004
    So its worth a go then?
    How far back could people be claiming now then?
    Originally posted by gibboking

    In my opinion yes.

    I believe people are going well back into the 90's from posts and sites I have came across, and more so now since the announcement.
    The one and only "Dizzy Di"
    • Bonbon68
    • By Bonbon68 7th Mar 18, 1:43 PM
    • 2 Posts
    • 0 Thanks
    Bonbon68
    Hi you seem very knowledgeable and I was wondering if you could advise me too? We are in exactly the same boat! I'm trying to reclaim ppi from Blackhorse for my OH who is a licensed black taxi driver. He got finance for a cab through a broker ( now no longer trading) he first passed his knowledge way back in 2001 and bought his cab on finance shortly after. We have a claims company acting on our behalf but they have drawn a blank. Blackhorse are demanding account numbers which we just don't have. We did however provide the claims company with the Natwest statements we had kept, and where you can quite clearly see the Blackhorse direct debit taking 693 every month! However there was no account number or reference on the statement. Natwest were unable to provide us with the account details ( you would think they would have a record of all direct debits ever made to your account wouldn't you?) and Blackhorse are refuting we ever had personal finance with them, (or will until proven otherwise and we provide them with actual account details!) just wondering where we go next? Does my case warrant a SAR? My case is over 17yrs old is that against us? I know all data has to be destroyed within a specified time frame. Any advice gratefully recieved, thank you in advance. Bonbon68
    • zx81
    • By zx81 7th Mar 18, 1:46 PM
    • 16,800 Posts
    • 17,812 Thanks
    zx81
    A SAR would almost certainly be a waste of 10.
    • dunstonh
    • By dunstonh 7th Mar 18, 1:58 PM
    • 92,574 Posts
    • 59,877 Thanks
    dunstonh
    He got finance for a cab through a broker ( now no longer trading) he first passed his knowledge way back in 2001 and bought his cab on finance shortly after.
    So that means the broker has liability. Not Black Horse.

    We did however provide the claims company with the Natwest statements we had kept, and where you can quite clearly see the Blackhorse direct debit taking 693 every month!
    That only shows you paid money to the lender. Not that the lender sold the loan. nor the account number nor that it had PPI.

    Natwest were unable to provide us with the account details ( you would think they would have a record of all direct debits ever made to your account wouldn't you?)
    No you woudlnt think that. The data protection act and forthcoming GDPR (which is stronger than the DPA) require old data should be destroyed unless there is a legal requirement or regulatory requirement to be kept. There is no reason to retain obsolete direct debit information from nearly 2 decades ago.

    Does my case warrant a SAR?
    It works in a very small number of cases. However, even if they find data, it doesnt change the fact that you used a broker pre-regulation. If they found you had PPI, you would send your complaint to the broker. Not the lender.

    I know all data has to be destroyed within a specified time frame.
    Typically 5 years after the debt was repaid. However, the DPA allows firms to decide. The forthcoming GDPR is more defined.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
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