PPI Reclaim - Bank has lost agreement details - Bank has sent following letter??? HELP!!!

[hullstorage]

Hi all,

 

I am trying to reclaim mis-sold PPI for a good friend of mine but am slightly confused??

 

She also cannot find copy of her agreement BUT WE DO HAVE AGREEMENT NUMBER?

Loan was for around £16000 w/o PPI

Was originally taken out with Yorkshire Bank but is now dealt with by Clydesdale (think they bought out yorkshire bank??) she is currently paying off the loan with Clydesdale

Loan was from about 6/7 years ago

 

 

We have requested a copy of agreement but bank cannot locate (please see copy of letter below)

 

What does this letter mean?

Should I try and claim from Yorkshire Bank instead?

 

Many thanks for any advise, Simon

 

 

 

LETTER FROM CLYDESDALE BANK

 

 

Wewrite to advise that currently, we cannot locate a copy of your executed creditagreement. Therefore, at the moment, we will not seek to enforce the agreement.

 

However,you should note that your liabilities and obligations under this agreement continue.We will continue to look for the executed copy and will enforce it if we locateit, or can reconstitute it at any time in the future.

 

Eventhough we cannot enforce the agreement at the moment, should you fail to makepayments in accordance with the terms of your agreement, we will disclosedefault data to the Credit Reference Agencies.

 

Theexistence of information on accounts in default at the Credit ReferenceAgencies may impair your ability to obtain further credit or other financial facilitiessuch as current accounts. Also, the Bank and other companies may use the recordof default and any other information provided to the agencies, when consideringapplications by you or other members of you household, for facilities includingmotor, household, credit, life and general insurance.

 

Ifyou would like details of the agencies from which we obtain and recordinformation about you, please write to: Central Refer Unit, 20 Merrion Way,Leeds, LS2 8NZ

 

Pleasealso note, that if you fail to make payments in accordance with the terms ofyour agreement, interest will accrue on the outstanding debt. If the Banklocates a copy of your executed agreement at any time in the future, it willissue court proceedings against you to recover the full amount, includingaccrued interest.

 

Thereforthe only way to ensure that you will not have to repay a larger amount in thefuture, as well as to avoid default information being registered with theCredit Reference Agencies, is to maintain payemnts in accordance with the termsof your agreement.

 

Wewill continue to write to you to update you on the current state of youraccount.

 

Shouldyou have any questions regarding this matter, please do not hesitate to contactus.

[ims21]

That appears to be a response to a CCA request made under S77/78.

 

So they haven't got the original...no matter.

 

Have you got statements for the loan account and if so does statement number 1 show the breakdown of how the loan was disbursed?

 

If so, you won't need the agreement.

 

Alternatively you should SAR the lender (Clydesdale)

[dx100uk]

its a begging letter

 

we have no agreement, there for we cant compel you to pay.

 

as for the PPI

 

you should be sending an SAR to YB

 

dx

 

 

dx

[ims21]

Sorry....yes agree with dx.

 

Forgot the YB still trades under its own name although part of Clydesdale....sorry!

[hullstorage]

Sorry, but i seem to be getting conflicting views??

 

Should she stop paying her loan?? think she still owes about £6,000

 

Who do i send SSR to, Yorkshire Bank or Clydesdale??

 

 

"IMS21" AGREES WITH "DX", but dx is telling me to send SAR to YB but you are saying Clydesdale??

 

 

Many thanks

[ims21]

Yes if you read my post I apologised for saying Clydesdale.

 

YB still trade under their own name although they are part of Clydesdale so they will still have their own Data Controller.

 

SAR to YB.

 

And no do not stop paying IMHO

[hullstorage]

many thanks,

 

will try again but send to YB instead.

 

Simon

[hullstorage]

I have just tried to search for YB Head office, but comes up Clydesdale Bank???

 

Should i send to SAR to my local branch instead.

 

Thanks

[ims21]

Head Office

Clydesdale Bank PLC.

Registered Office:

30 St Vincent Place,

Glasgow,

G1 2HL

[hullstorage]

Thanks, but this is the address i first sent letter to and they sent me the letter stating they cannot find agreement????

[ims21]

This is a SAR you are sending, not a request for the agreement.

 

Address SAR to the DAta Controller of Yorkshire Bank at that address.

[dx100uk]

if whomever is saying they cant find the agreement

then fire off the failure to comply letter

and you are within your legal right to stop payments.

 

dx

[hullstorage]

Of course, many thanks

 

have to look more into about stopping payments for her???

 

anybody else have any opinions about stopping payments

 

thanks

 

simon

[dx100uk]

what state is her CRA file in?

 

on and the line

 

Also, the Bank and other companies may use the recordof default and any other information provided to the agencies, when consideringapplications by you or other members of you household, for facilities includingmotor, household, credit, life and general insurance.

 

 

is not correct

 

they need reporting for saying that YOUR bad credit may affect others in the household

 

something smells about this debt.

 

dx

[hullstorage]

Dont think her CRA file is very good, I know she had to get a financial advisor in to sort out her debts when her partner left.

 

Who should I write to regarding the conduct of the person whom sent this letter?

 

Thanks

 

Simon

[dx100uk]

OFT

if her CRA is crap anyhow , they cant harm it anymore

whats this about interest they say , its not frozen is it?

 

any chance you can find out a bit more about this debt

as i'm a wee bit puzzled on a few points.

 

who does the cra file say owns this debt?

 

dx

[hullstorage]

i am picking up some paperwork tomorrow from her, will keep you updated with what i can find

 

many thanks for all your replys

 

simon