Lending stream want my medical records?!

[Bquk]

I'm currently on mat leaves and have been struggling with my repayments so I emailed them offering £10 per loan(I have 2) however when they replied they asked me for my medical records (not gonna happen!) and for me to fill out a i'@ e form

 

Any other creditors have just accepted any payment plan so I don't get why they want all this also I cannot fill in their form as I only have my phone to use and not a pc

 

I've been reading this forum for months so was hoping someone could help me put a reply letter together

 

Thanks in advance

 

This is their email:

 

Thank you for your email.

 

This is to inform that you have two loan accounts with the agreement numbers *removed* with us. The total outstanding balance on the loan accounts is £119.05 and £81.42 respectively. Thank you for confirming that you would like to set up a payment arrangement. We understand your situation, we would request you to send us your medical documents in a non-editable format (jpg/pdf) along with Income and Expenditure details.

 

Please note that we will not be able to comment on the amount acceptable to set the payment arrangement on the account and update any of the changes in your account unless we receive the document mentioned above. We have stopped our automated system to process any transaction for the next 30 days.

 

In addition, we would request you to pay some amount as a goodwill payment before setting up the payment arrangement on the accounts to show your willingness to pay off the total outstanding balance due on the accounts.

 

Lending Stream is required to report all loan status to credit bureaus at regular intervals. Your decision to enter a payment arrangement will also reflect in your credit file.

 

If you fail to make a payment as per the arrangement we could potentially move your accounts to a Debt Collection Agency. Hence, we recommend that you contact us if you are unable to make a payment as per the arrangement. Please confirm you understand and agree to this.

 

Regards,

Edited August 9, 2013 by Bquk

[PDLVictim]

Hi bquk,

 

Legally they can request your medical record if you stated medical reasons for non-payment of the loan, but cannot obtain it without your consent (which I understand you will not give them). That said I find it rather outrageous that they ask for medical record for mat leave, you are not ill. But the people working for them are probably not the brightest

 

You can send them a very basic I&E overview (with very basic I mean income, outgoings (rent, council tax, electricity/water/gas/oil, car, phone, other loans)), leaving just enough in it for their 10 pounds.

 

I would not even go into discussions with them about medical records or not because that is not worth the effort. Instead I would simply email them back something along those lines:

 

"Dear xxx,

Thank you for your email.

I am in financial difficulties and therefore would like to request a repayment plan of 10 GBP monthly.

I have attached an overview of my income and outgoings to support my request.

I am willing to repay my debt and will make my first repayment of 10 GBP the first month after the repayment plan has been confirmed from your side.

In order for me to repay my debt I would like to request that you freeze all interest and charges.

Kind regards"

[PDLVictim]

I forgot to make clear: Do NOT repay them anything (as goodwill payment as they call it) before the repayment plan is setup and confirmed by them or they will simply use this money to cover their interest/charges before freezing them

[renegadeimp]

They cannot request medical records at all. Those are considered extremely sensitive personal info

 

Get a complaint to the oft and ico.

[Bquk]

Tha is for your help I have emailed them my i&e but they are still requesting my medical notes! I never even thought they'd do that! Obv they are too private to give to a pdl company

 

Where do I stand and how do I get round this?!

 

"Thank you for your email.

 

This is to inform that you have two loan accounts with the agreement numbers ***** with us. The total outstanding balance on the loan accounts is £119.05 and £81.42 respectively. We have received the Income and Expenditure details and we have successfully uploaded them in our system. We would request you to send us the medical documents after that we will be able to update or freeze the interest of your loan accounts and also help you to set the payment plan in an affordable monthly installment.

 

Please note that we will not be able to comment on the amount acceptable to set the payment arrangement on the accounts and update any of the changes in your accounts unless we receive the document mentioned above."

[renegadeimp]

Read my previous response. TELL them firmly that they are not getting your medical records and they will never get your records. Make sure to put it in writing and not over the phone.

[Bquk]

Will do thank you I appreciate all the help I get on here is there anything I can quote legally over that??

[renegadeimp]

Data protection act as those records are extremely sensitive personal info. The fact that they are a LOW priority unsecured lender who have absolutely no right or need to even request those records. Let alone see them.

 

Even the police need a court order if they wanted to see them for any reason, and even then the police would need a VERY good reason to request that order from a judge.

Edited August 9, 2013 by renegadeimp

[Bquk]

Thanks will fire another email off x

[renegadeimp]

If LS tries to claim they cant do anything without those documents, let me know and i'll give you a nice little letter that should shut them up.

[PDLVictim]

There is nothing legally that does not allow them to ask for medical records. However there is the health information and privacy act and diverse other privacy laws which state basically that they cannot obtain these records without your consent. And you are not giving them this consent.

 

Basically they have to accept that you are in financial difficulties and as this is an unsecured loan you are not obliged to tell them more. So I would answer along the lines: "As I already informed you I am in financial difficulties. This is an unsecured loan. I will not send you my medical records or give my permission for these to be disclosed to you by my doctor in accordance with privacy regulations. My repayment offer is still valid."

 

If you want to make a joke you can offer them that an independent doctor of their choice can assess you. This would cost them hundreds of pounds and they will not go down that route, but this should strengthen your position.

[Bquk]

Lol I like that independent doctor part perhaps they'd like a baby photo next haha

 

I've sent them a email will let you know when they reply x

[renegadeimp]

http://www.ico.org.uk/for_the_public/topic_specific_guides/health

 

DPA covers you for the records.

[Bquk]

Thanks my replied bounced (undeliverable) so have sent it again and also to their usual email address

 

Have heard people have had problems communicating with them will make sure I save all emails incase they disappear off the face of the earth

[renegadeimp]

Could always send a letter by recorded delivery to them.

[Bquk]

Yes ill be doing that on Monday if I don't hear anything by then

 

Just don't want them asking for £100s extra in a few months time x

[renegadeimp]

They can ask for thousands if they want. Doesn't mean you will be paying it.

[Bquk]

True but could do without the headache

[renegadeimp]

Youa re dealing with PDL's now. They cause you as much stress as is possible, purely so you crack and give in to their demands. Thats how they operate.

[Bquk]

I know but they don't know I have this place now

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?396982-New-payday-loan-survival-guide-by-mike-dailly-govan-law-centre.

 

Have a read of the link above, in particular the article written by Mike Dailly of the Govan Law Centre.

 

You can also now make a complaint to the Financial Ombudsman as advised in the link below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?399260-Feel-that-you-ve-been-treated-unfairly-by-your-Payday-loan-lender-COMPLAIN-TO-THE-FOS!!

[Bquk]

Many thanks still not had a reply and they've been quite quick getting back to me today

[renegadeimp]

You really must make a complaint regardless of what ls says.

[Bquk]

Ok so Lending stream have ignored my emails (including the one making a formal complaint)

 

However today I have woken up to two default notices (by email?!) and two £8 charges for missed payment

 

Ill be sending a recorded letter tomorrow but what's my next move?

 

I'm a bit shocked I'm having all this with them as I've used them for ages and only missed 1 payment before back in april

[renegadeimp]

This is bow pdls operate and why we call them legal loan sharks.