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Hi We have been trying to get a SAR relating to a mortgage we held in 2003. We have written to the mortgage company 4 times since our original SAR sent in July. We have had 4 replies each from a different person within the organisation, each one returning our £10 cheque. They are telling us that due to the age of the account they no longer have the information we require. We have the mortgage account number and are still living at the same address as when we held the mortgage. We are now putting in a complaint to the ICO. I read on this site that they have to keep mortgage information for 12 years. Has anyone else been in this situation and been successful ?

thank you

which piece of law or legislation says they have to keep mortgage records for 12 years ?

we've got the number now but they are saying the account is too old

They have returned our cheque and letters saying they are unable to locate a mortgage account with them from the details supplied and would be grateful if we could provide them with proof of the account in the form of a mortgage statement for them to process our request.

thanks I'll try that

We don't have the paperwork anymore but from experian reports the mortgage was roughly 2000 to 2002. I didn't put these dates on the SAR, just used a form downloaded from this site.

Hi all I recently sent off a SAR to Kensington as we had a mortgage with them some years back. Have just received a letter to say they have been unable to locate a mortgage account held from the details we supplied them with. They also said no fee had been attached. (I am sure a £10 cheque was enclosed but could be mistaken) Is this a standard letter they sent us ? How should I take it further ?

thank you Dx

Hi,I noticed this thread, it is a very similar to my own situation. Been with YB for a long, long time, had loans with them going back to 2000/01. Have decided on Dx advice to send for a SAR using your template. My question is this, we also used to have a mortgage with YB, is it possible to request details of this on the SAR. It must have been over 15 years ago but at the time I wasn't happy with how it was sold to us and think it would be worth a look. Thanks for your help.

We are close to the end of our long fight with SHAbbey. Shabby have made two offers the last being 90% of the total. We have refused this and our claim is going ahead for the full 100% plus the removal of a default which has caused us much grief. I do not have a problem seeing them in Court however we have been notified today that our case will not be heard until January and there is a possibility it will be moved to another Court. The time allocated is three hours. It seems a long time to wait are the Courts that busy? and is there any way we can increase the pressure or bring the date forward?

cheers karnevil, we,ve got 2 weeks to get the information together. great news from jimthegent. its our wedding aniversary today and I am really looking forward to going to court and stuffing the b*******s!!!!!!! regards tom

no the letter says they will notify us of the date and time. i think ive found what we need on the posting you gave to jimthegent earlier today. the documents list is straight forward, but where can we get details on the reference cases such as Murray v Leisureplay, also where can we find the relevant parts of BB - JJ as posted on jimthegnets thread. thanks for your help

hi all we started our claim against abbey in april, its been a long time but the end is in sight. we have had a 50% offer from dla piper which we rejected, our allocation questionnaire has gone in. we have now recieved a letter from the court asking for the following :- 1. each party shall deliver to every other party and to the court office copies of all documents (including experts reports if the Court has given permission for the expert evidence to be used) on which he intends to rely at the hearing. 2. the copies shall be delivered by 4.pm on (date given towards end of september) 3. the original documents shall be brought to the hearing. 4.signed statements setting out the evidence of all witnesses ( including expert witnesses if permission has been given to use them) on whom each party intends to reply shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence. 5. the court must be informed immediately if the case is settled by agreement before the hearing date. would appreciate any advice or comments. we havent been given a court date yet. thanks tom

Akaysha your doiing brilliant! am following your thread as you are a few days further than me, hope you dont mind. best of luck with it x tom

Hi Latay Just to let you know I have received an almost identical letter to yours. Have also followed everything as laid out in the templates. Will be taking court action this week. Hope it all goes well with you and with everyone else who has reached this stage. regards tom

thanks for replies. yes I see OC the searches came under 'unrecorded enquiries', according to experian they could have been an identity verification search. I still think they should infrom you when they do this. who runs experian and equifax are they private companies, and does anyone monitor them to make sure they are giving out the correct information ?

How do you know who is checking these credit reference agencies ? I recently paid £2 to experian and was surprised tro find that 3 companies had checked my credit file on the same day. On racking my brains I remembered I had got quotes for car insurance on that day. Non of these companies told me they were checking my file and even worse I was not asking for credit, I told all of them I would be paying the full amount in advance. How can we be protected from this form of abuse.

If its any help I have an address for Pam Speed, have sent recorded delivery letters to her which she has received. Im at work at the moment but can post the address tonight.

Thank you for your help with the reply. We are sending the Abbey a letter today in the form that you indicated. On Monday we can forward you a scanned copy of our letter from the abbey but we do not have a scanner at home. As an alternative we can type you an exact copy or hte letter and send later today.

We are currently doing battle with abbey and need some advice. Abbey have defaulted us in 2002. I reckon all of the default and much more is down to charges and other abuse. The account was paid off in full but the default notice for approximately £1500 stays with the credit agencies. We have not banked with them since that date and even though we have asked for statements through DPA request and they have banked our £10.00 cheque they now ask for additional £10.00 for multiple bank statements and £5.00 for single bank statements saying the records have been filed. They say the reason is because the account is closed and no longer held on the computer systems “An administration fee is required for retrieval of the microfiche records” Question one how far back can we take our claim? Most of the charges occurred during 2001. Does our claim start from the date of our first request because they say that the letter was received two weeks after the date on it. They have all the account information and I am worried that they will nullify their losses by dragging this process out as more transactions disappear over a five year threshold. Question two while this is ongoing can I alter the status of the default notice with the credit agencies? Question three do we have to pay them the extra charges for the statements we have requested through the DPA? Thank you

I sent our bank a DPA request but did not enclose a £10 cheque. I sent a second request with a £10 cheque. When does the 40 days begin is it the date from the first request or when the cheque was cashed. Our first request was 15th March and so far we haven' t received any informaton.