AIB AIB Data Protection request - omitted key information

Discussion in 'Tracker Redress' started by Redman, 21 Dec 2017.

  1. IdesofMarch

    IdesofMarch Frequent Poster

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    Redman, have received your two sets of AIB terms and conditions relating to the same loan agreement. I have taken time to examine them. This is a very interesting but worrying development and I will be bringing this to the attention of both the Government and the Oirechtas joint committee of Finance, Public Expenditure and Reform and Taoiseach.
     
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  2. marchflowers

    marchflowers Registered User

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    We requested and got a copy of our AIB mortgage docs in April 2006 and they omitted sections 3 and 4 from it. I don't have the original T&Cs document so didnt realise it until after Padraic Kissane queried our account with them and they sent him a copy of the entire document (including sections 3 & 4 this time) with a letter saying they didn't deem us impacted.

    I contacted our solicitor today to see if he has a copy of the T&Cs but he says he doesn't. Maybe there's nothing in it but after hearing Redman's story, I really wish I had our original T&C docs.
     
  3. Brendan Burgess

    Brendan Burgess Founder

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    Guys

    This wording is very misleading.

    They did not omit sections 3 & 4.

    They sent you the wrong Ts and Cs.

    The way you are describing it suggests that they took your Ts and Cs and edited out Sections 3 and 4.

    Brendan
     
  4. jpbyrne

    jpbyrne Registered User

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    All, I wrote about something similar in a letter to the Irish Times last November (as below). I do not believe it was by accident that Ts &Cs sent to people who requested their contract were missing Part 4 (which contained the right to a tracker). I urge you to make an email complaint to the Data Commissioner (which can be done by following instructions on its website) to highlight this issue. I am currently seeking further explanation from AIB through the Data Commissioner by way of my complaint.
     
  5. jpbyrne

    jpbyrne Registered User

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    Will not let me post link - see 1 November 2017 "Getting Hold of Your Mortgage Contract"

    Sir, A word of warning to anyone following Evan O' Dwyer's advice to submit a data request to their bank to get their mortgage contract ("Not Just a Tracker Issue", 28 October 2017). I did exactly that last year in relation to my own tracker account and received 153 pages of documents from AIB purporting to be my entire file held by the bank. When I reviewed these documents I discovered, to my concern, that the part of the mortgage agreement granting me a right to a tracker was not included in the 153 pages of documents. The bank dismissed my subsequent queries on this over the next number of months so out of frustration I filed a complaint with the Data Commissioner. Miraculously, within a few days of receipt of the complaint from the Data Commissioner, the bank was able to send me a complete copy of my contract, including the term granting me a right to a tracker rate; and sent by registered post no less. This of course raised even more still unanswered questions but the moral of the story is: when dealing with your bank, question everything. Yours, etc.
     
  6. IdesofMarch

    IdesofMarch Frequent Poster

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    This is very interesting, I will review the thread. Thank you for bringing this matter to viewers attention.
     
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  7. marchflowers

    marchflowers Registered User

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    No Brendan, I'm not suggesting they 'edited' anything, they just didn't send me ALL of the pages. They sent me Parts 1, 2 6 and 7 of the Mortgage contract documentation, along with various letters of correspondence etc, parts 3,4 & 5 weren't included at all. I only realised this when they sent a copy of my file to Padraic and there were 12 extra pages in his version which he received 8 months after I got mine via the DAR. I have the 2 sets here in front of me and the 12 pages missing from my set are:

    Part 3 - Pre Drawdown Requirements,
    Part 4 - General Terms and Conditions
    Part 5 - Statutory Notices and Other Notices.

    I hope this clarifies it.


     
  8. IdesofMarch

    IdesofMarch Frequent Poster

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    That is quite extraordinary, talk about incompetence, where is AIB's data compliance officer in all of this.
     
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  9. Brendan Burgess

    Brendan Burgess Founder

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    Thanks march.

    It's odd that you did not notice missing pages from the middle.

    If they had been omitted from the end, I could understand it easier.

    Brendan
     
  10. marchflowers

    marchflowers Registered User

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    I should have spotted it - but when I requested all of our documentation, I assumed I got all of my documentation. Silly me.

    We also had an earlier letter of offer which we didn't go for so there were a couple of copies of that and other misc pages mixed in together - so it wasn't presented in a perfectly ordered, sequenced fashion.

    You also tend not to miss what you never had.
     
  11. Brendan Burgess

    Brendan Burgess Founder

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    I understand that now. When you get hundreds of pages, it's confusing.

    Brendan
     
  12. Milkof

    Milkof Registered User

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    I also requested my paperwork from AIB (having kept everything originally myself) and they sent me out every single piece of correspondence with them - with the exception of parts 3,4 and 5 of our mortgage agreement i.e. the parts that refer to Clause 3.2. I don't think this is accidental that it has happened to a lot of people
    Also, as a side note, when I went to collect the paperwork they refused to give it to me without my husband there to sign for it too. This was not stated on the instruction letter. They also sent it to a bank I have never been to (a different bank to where they said they would issue it). It seems to me they are making it very difficult for people to access their information.
    I have sent a letter of complaint and have yet to hear back.
     
  13. Redman

    Redman Registered User

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    Hi rangemaster,it will be interesting to see what you receive versus what you have in your possession.

    Redman
     
  14. IdesofMarch

    IdesofMarch Frequent Poster

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    Very interesting indeed.
     
  15. IdesofMarch

    IdesofMarch Frequent Poster

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    Last edited: 10 Jan 2018
    Milkof,

    Thank you for sending me your two sets of t&c, both the original and then the one you received following your data access request to AIB. There appears on the face of it, that AIB are sending out the wrong t&c's to some borrowers who request a dar (date issue in relation to contractual terms and conditions vis a vis the corresponding loan offer). To other borrowers they appear to be removing the t&c's clauses that reference an option of having the ability to return to a tracker mortgage.

    This is very worrying. Whether the latter practice are isolated incidents or there is something more sinister has yet to be determined. If viewers to this post have been affected similarly like Milkof and other posters, please pm me.
     
    Last edited: 10 Jan 2018
  16. Redman

    Redman Registered User

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    Same thing happened to us milkof,pages of t&c’s with reference to tracker missing
     
  17. Rangemaster

    Rangemaster Registered User

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    Just got my data today. Same as Redman, parts 3, 4 and 5 missing from letter of offer! Snap
     
  18. Redman

    Redman Registered User

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    That’s 4/5 of us on this thread with this issue,can anyone advise of why this can happen and what do we now,
    I emailed the bank to ask why parts it the t&c’s were missing and got sent a different set of t&c’s that has no mention of a tracker at all so no point looking for anything from them
     
  19. Rangemaster

    Rangemaster Registered User

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    When my husband went to collect the documents, the lady handing them over commented on how light the package was. Wonder what else may be missing
     
  20. TrackerThieves

    TrackerThieves Frequent Poster

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    i have dealt with the s.a.r.s. team in relation to a few different issues relating to my subject access request. To my surprise they have been really helpful and any further requests i have made have been done pretty quickly and have let me know by phone or email what is happening along the way.
    S.A.R.S team - 01 7725174
     
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