It may work out cheaper for you to SAR your bank and then get everything they have on you , including your bank statements . Make sure you ask for as far back as you can get them , including ones from their archived accounts . Joe 90.

Thanks for the question, I did get a reply , but it was the usual " older than 6 years excuse" and that they could not find any record of it . I did contact the Information commisioners Office ref the destruction certificate and they have stated that the company does not have to keep or produce such a document . I also contacted a specialist lawyer who deals with banking law ( as recomemded by the law commision ) to ask wether the use of evidence act would apply , but they also stated that this cannot be used in this kind of situation . Court proceedings in this case would be of little use , as under law they do not have to keep such a record , so will be quite with in their rights to attend and state no such destruction documant exsists. So in conclusion: I will have the account rebuilt using my bank statements, and an estimated percentage rate of the time period and the opening amount , payments and the closing balance cheque, and send the lot of to the FOS to see if they can force their hand and gleen a bit more information. Given that i have had all three of the other cases upheld by the HFC , if i can show i had another earlier loan and give the best estimate ( with the evidence i have ) of the figures involved, I might get lucky:smile: . Joe 90.

Dx , i hope you get a result with this , as the HFC have been by far the worst company for me to deal with . I will be making an official complaint to the ICO when i have an answer to my failed SAR, about the way they handled my original SAR . Best of luck and i hope you get every penny you are owed from these [EDIT]. Joe90

Thanks for checking that for me ims. Joe90.

Cheers yet again ims . 14 days and counting I will try and glean a little more information as to the figures , a loan % rate for the amount ( £6582.00 ) and length of loan . Joe90

Thanks ims, I have had to use their first shedueled payment of £516.77 as a rough guide until i see all actual monthly payments and work each one out if they differ from this one Does the 19.67% tally up if the total cash loan was £47,000.00 and the ppi was £11,510.30 = total £58,510.30 ? (over 216 months starting Sep2006 ) Joe90.

Any thought at all on the above letter ? Bad , Good or indifferent Joe90

Thanks again ims , your are a voice of reason Sorry i did mean to say the monthly payment amount as i've wokred out the percentage from the loan and ppi amounts and it comes to 19.67% of each payment I'll wait and get eyes on the monthly payments and i will go from there , hopefully it will bring the 2 figures abit closer and make it easier to negotiate a way forward for them . I think your option 3 may be the only way forward for them as they have used the refund to clear other outstanding debts So if there is a negative ballance, i would hope it would be possible to restructure the loan to include this - monthly ppi payments as you have suggested above Cheers again. Joe90

I have been looking at a Firtplus loan for a family friend and i am looking for a bit of advice please. The original secured loan was for £58,510.30 including £11,510.30 of ppi , monthly payments of £516.77 The term of the loan was 216 months and was taken out in September 2006 PPI was added as a condition of getting the loan. They recieved £11,510.30 back in September 2011 as a refund of ppi under a cash back scheme They do not have any statements for the account So i thought i would get the ball rolling and issue a SAR for as much as i could get from them ( done last night , should be posted today . I have done a very rough estimate using the first payment as a guide and input tha breakdown into StatInSheet v101 , i realise this will never be correct until i get the correct monthly interest rate but i thought it would give me a rough idea what they had paid so far. The problem i have is the figure that comes out is about £3000 lower than what has been returned by way of the refund . Does this mean if they were to claim against the miss selling of ppi they would end up have to reinburse firstplus the diffence, but the future payments would reduce ? Or am i doing something wrong and should i be calculating this in a differnt way? Any advice or pointers would be much appreciated . Joe90

Cheers Dx , failed SAR letter sent off today recorded delivery , so we'll see what comes back from that !!! and i would not hesitate at all to persue them through the courts for the info , my job is and has been for the last 20 years is a child care worker ,working with some of the most criminal youths in the north east so i'm no stranger to the courts and the staff at all of them and thanks to the hfc i have the finances to fund that line of compliance Enclosed in a copy of the letter , does it seem ok? The Data Compliance Manager HFC Bank Camden House West The Parade Birmingham B1 3PY 01-03-2012 Your Ref: xxxxxxxxxxxxxx Dear Ms/ Mrs xxxxxxxx xxxxxxxx Thank you for responding to my Subject access request dated 21st February 2012 , I have over the last 5 days carefully read and re-read it’s content and it is with disappointment that I find myself in correspondence with your team again to request that a full investigation is carried out as to the missing items from it’s record of fact . I also note that in my original request I asked for all information on all accounts I have had with your company and that the request was not limited to the 3 accounts you have seen fit to furnish me with information on . I have noted from an item within the request that I have been a customer since 7th of January 2000 and that I also had a loan from your company in the same month of that year . Could I reiterate my request again for your investigating team to supply me with all information held within your systems , be they live or archived on all accounts not previously supplied in your Subject access request dated 21st February 2012 . If you believe this information has been disposed of or destroyed it is your duty to supply me with a written record of the said items destruction , showing how it was done , when it was actioned and the persons position and full name in a fully legible form , this is a requirement under the Information commission office guide lines which I have confirmed today. If you feel that you are unable or reluctant to supply myself with the above information, I am more than happy to issue court proceedings to force it’s release from your company . I am sure this is a case of a simple oversight on behalf of your investigation team and that it can be resolved without having to pursue such an action . Could you please confirm your receipt of this letter by return of post and I would expect to have a full reply with your findings within 14 calendar days ,which I think would be more than an adequate length of time for a full search of your archive and records to be carried out given the information I have supplied you with in my previous correspondence Yours Faithfully xxxxxxxxx xxxxxxxxx ?

Thanks, i'm still going to try with the failed SAR letter as well , you never know they may just stump up something if i can give them dates an payment amounts . It's worth a try!!!! Joe90.

Thanks for looking in ims21 , i think i now have the money (£6582.00 ) hitting the account at the correct time , and i did not miss a single payment . As for the fluctuations in the account payments i think it was an interest adjustment to begin with and then later the interest went up and they added the ppi as a seperate payment. After i cleared the main account with the cheque for £8559.79 they continued to charge the ppi payment until the the remaining balance ( which could only have been ppi) was refinaced with a further loan ( i know now how wrong this must sound and look ) but back then i was robing peter to pay paul. Can you make anything of that at all? Joe90

Thanks for the response Dx . Could you please point me in the right direction for the template letter for a failed SAR ?. I realise the ims21 is a very busy person and i think this would take up just too much of their time to be honest , as without the exact original percentage rate it would be hard to reverse rebuild the account I did find one tiny ( a single line ) entry within the huge SAR pack which states my account history started in Jan 2000 but the earlist piece of account information is from 2005. Any thoughts? Joe90.

An update on the above . citizenb you were correct i was made to jump through hoops for them to comply with the sar !!! which i recieved today . As expected it only gives me information on accounts i'm already claiming on . So i'm thinking of contacting a specialist accountant who could take a look at the bank statments and try to work out : The original loan ammount from the payments made and an average % rate from that era with hfc from that hopefully they can also work out the ppi portion of that account as the remainder after the cheque was paid to clear the account must therefore be ppi On a brighter note the fscs just coughed on my broker case 90% ( taken out 2006 ) Still tracking down the broker case which was prior Jan 2005 and going down the Section 56 route with that one, if i can ever find out who actually recieved the cash!!! Joe90

Sar sent to bos today requesting all information held in there records ref this mortgage I like the scater gun approach . i tend to accidently hit something I'll wait the 40 days and see what comes back . Have you ever come accross a case like this before ? By the way the broker went under one day and opened the next with a slightly different name but useing the same address and website and advertising. i approached the fsa at the time to enquire about them being a Pheonix company but i was informed by Companys house that they had changed directors so that door closed as quick as it opened. I think it will take a while to sort this one but i starting to like the feeling of them squirming at the other end Joe90.