AIB AIB Data Protection request - omitted key information

IdesofMarch

Frequent Poster
Messages
290
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.
 

marchflowers

Registered User
Messages
25
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.
 

Brendan Burgess

Founder
Messages
37,702
they omitted sections 3 and 4 from it.
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
 

jpbyrne

Registered User
Messages
28
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.
 

jpbyrne

Registered User
Messages
28
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.
 

IdesofMarch

Frequent Poster
Messages
290
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.
This is very interesting, I will review the thread. Thank you for bringing this matter to viewers attention.
 

marchflowers

Registered User
Messages
25
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.


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
 

Brendan Burgess

Founder
Messages
37,702
Part 3 - Pre Drawdown Requirements,
Part 4 - General Terms and Conditions
Part 5 - Statutory Notices and Other Notices.

I hope this clarifies it.
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
 

marchflowers

Registered User
Messages
25
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
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.
 

Milkof

Registered User
Messages
25
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.
 

Redman

Registered User
Messages
19
Hi rangemaster,it will be interesting to see what you receive versus what you have in your possession.

Redman
 

IdesofMarch

Frequent Poster
Messages
290
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.
Very interesting indeed.
 

IdesofMarch

Frequent Poster
Messages
290
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.
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:

Redman

Registered User
Messages
19
Same thing happened to us milkof,pages of t&c’s with reference to tracker missing
 

Redman

Registered User
Messages
19
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
 

Rangemaster

Registered User
Messages
7
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
 

TrackerThieves

Frequent Poster
Messages
105
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
 
Top