Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
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I've taken a few loan out over the years and have kept up with payments and paid them off. However I have been told that under the 1974 consumer credit act there is a loophole in government legislation and all credit agreements must comply with the Consumer Credit Act of 1974?
I had 1 loan value of £18k, another loan of £3k and another at £4k from 2003 to 2005. I also had a credit card which was taken out in this period. I keep reading information about being able to make a claim against the resepctive organisation but at the same time i also read about people being [problem]med.
I have paid what I owed and would have continued without any problem but since I have heard about this information I felt the need to find out more.
Basically can you tell me if I am entitled to claim back any compensation. I have requested original agreements for these loans but the organisations have failed to produce, will this hinder me?
I've taken a few loan out over the years and have kept up with payments and paid them off. However I have been told that under the 1974 consumer credit act there is a loophole in government legislation and all credit agreements must comply with the Consumer Credit Act of 1974?
I had 1 loan value of £18k, another loan of £3k and another at £4k from 2003 to 2005. I also had a credit card which was taken out in this period. I keep reading information about being able to make a claim against the resepctive organisation but at the same time i also read about people being [problem]med.
I have paid what I owed and would have continued without any problem but since I have heard about this information I felt the need to find out more.
Basically can you tell me if I am entitled to claim back any compensation. I have requested original agreements for these loans but the organisations have failed to produce, will this hinder me?
Did you have payment protection insurance applied to these 3 loans?????
If you did and you feel that they were mis-sold to you, yes you have the right to complain and ask them to refund your money plus interest:grin:
If the loans are settled, they have the right not to provide you with these
However if you send them a Subject access request under the data protection act, they must by law provide you with all information (plus the credit agreements) that they hold.
It costs £10 and there is a template letter to send in the ppi stickies, send it recorded delivery, track it on the royal mail website so you know the received it. Allow 40days +2 postage.
Whilst you are waiting read around the different threads on the forum and if you have any questions shout.:grin:
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
All the loans are now settled but you say that i can send them a Subject access request under the data protection act. What will this do? I realise that I have to pay £10, but what am I paying £10 for, is it just to receive my credit agreements etc?
I have actually requested the original agreement from Egg and they failed to provide the information so I asked for them to send the original agreement again and I am still waiting. What if they cant produce this?
Sorry for all the questions I just need to know where i stand before I think about taking any action.
All the loans are now settled but you say that i can send them a Subject access request under the data protection act. What will this do? I realise that I have to pay £10, but what am I paying £10 for, is it just to receive my credit agreements etc?
I have actually requested the original agreement from Egg and they failed to provide the information so I asked for them to send the original agreement again and I am still waiting. What if they cant produce this?
Sorry for all the questions I just need to know where i stand before I think about taking any action.
Godders75
Hello Godders,
If you write to them and ask them for information, they may not respond, because they do not want to. They can pick and choose when and if they will. This is obviously were you are standing now, no information forthcoming, you can of course continue asking them for this.
If you send them a SAR, this is a legal request, which costs £10 under the Data Protection Act 1998 and they have a legal responsibility and obligation to comply with your request and send you all information that they have on your loan accounts for a minimum of 6yrs. If they do not comply, you then have a legal right to force them to:grin: either via a complaint to the Information Commissioners Office and if need be the court.
Type the information commissioners office into google and access their website for further information as to your legal rights in accessing your data.
Now can I ask you why your are requesting to see your original agreements from them, was there payment protection included.
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
Yes I did have payment protection included. I actually had a nightmare with Egg regards my loan and to be honest I havent really forgiven them. A colleague of mine mentioned to me that I maybe entitled to some form of compensation and as the loan was for a sizeable amount I decided to look into this further, hence contacting this forum.
Hi Godders,
Just want to wish you luck with regards to claiming your PPI back, I'm in same position as yourself. I've sent SAR off and letter to the bank - both by recorded delivery. Keep at it, they have 40days to comply with the SAR then I am of the understanding if they don't comply, you send an lba to them. The £10 is to cover their administration costs,
If the companies cannot supply me with the relevant information what are the next steps?
Hello Godders,
Once you have sent them a SAR by recorded delivery, you can track the letter via the royal mail web site, so you know when they got it. The by law have 40days to comply and allow two for postage.
Under the data protection act 1998 they are legally bound to supply you with all data they hold on you as a data subject.
If they do not comly to this request or part comply they are in breach of this law and you have right to force compliant.
You report them to the Information Commissioners Office for investigation and the ico can make them comply. Although this may take some time as they are rather busy.
You can force them via the court if needed
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
-Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -
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