nlgbbbblth
Registered User
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- 144
They can't ignore their obligations under the DPA.
No they can't.
However that does not mean you get to see the entire contents of your file.
They can't ignore their obligations under the DPA.
Totally agree....what bank clerk in back office is going to transfer €8000 into an account without the relevant paperwork to back up their actions....They bank in question may not have had the agreement in house two years after the loan was initially made..they probably had to have it pulled from off site security storage....thus the delay in producing the agreement....
Exactly. Its this type of attitude (OPs) that has the world in the financial mess that its in at the moment. All types of excuses, looking at loopholes etc. and blaming this person and that person. If you owe the money just pay it because the bottom line is if you don't the rest of us will have to in the long run
So what you are saying is that you took out a loan from a bank not knowing whether the interest rate you were being charged by the bank was 1% or 27% or even 50%.
Your father went guarantor and he also did not sight or sign any documentation protecting you or himself.
Yes.
What? I don't understand what you're saying.
He did not sight? What the hell does that mean, he did not see?
He did not sign any documentation protecting himself or me, what the hell does that mean?
I think this is the most likely explanation as to delay in producing the document. The OP seems to have forgotten that her father as guarantor of the loan is liable for repayment if it's not paid. That's the reason why Student Loans are easier to obtain.
!
Yes you do understand what I am saying and that is why you have replied in such a rude fashion. I think you should employ yourself a solicitor.
Firstly, I'm not in a position to give you legal advice, and from your post, you don't need it.
Secondly, I have my own moral base, it's mine and I won't be imposing it on anyone. The same can be said for you - it's your private concern.
Cars parked.
You need to write to your Financial Instution (FI) and ask them for all relevant personal information about you under the Data Protection Acts 1988 and 2003 dataprotection-dot-ie ..click .. 'for individuals'.... 'know your rights'. As well as giving you access to all off your personal information (documents signed by you) it can include 'cctv' images i.e. if you know when you went into your FI - as in the date on the Credit Agreement (CA). Everyone can access their own personal information, your Father can (& should) do the same.
You should be given copies of your CA and older agreement. Check if they are look identical (hold one over the other up to a window). If you think the do engage the services of a respected forensic expert (legal circles should point you to 1 individual in Eire, you won't find him on google).
Once you get your personal information from your FI and you think you have a forgery on your hands, make an official complaint to your FI. Do not do this before your have the evidence in your hands. Information about this is at nca-dot-ie/nca/financialcomplaints (my 1st post here so can't post url's, workaround OK moderator?)
Stop communicating verbally with your FI.
It is your FI's right to enforce their rights as they see fit, i.e. legal. That's their decision, you will not be able to influence this in any way, nor should you. If they choose this course, as is their right, it sounds like you MAY (caveat, read my 1st sentence) have a possible defense under the Consumer Credit Act, and the potential forgery. Get legal advise at that point, the loan sum is relatively small so the legal expense won't be huge. As far as I am aware, you do not have any counterclaim against your FI, unjust enrichment etc.
If you don't pay, don't be under any illusions that they won't try and enforce their actions. Find a copy of the March 2011 'financial measures programme' online, go to page 24 under the heading 'asset quality review' and contemplate the words '...potential ability to remediate...'
Yes I know, different size and class of loans etc, but... think institutional mindset.
This is not advise or a recommenddation per se... but if I were in your shoes I would be getting some hard cold facts as opposed to "I'm, fairly sure" etc. you've got nothing until then.
Totally agree with above, having spent the best part of my life working in banks it is highly unlikely there is nothing signed. Even before the present crisis the amount of paperwork and signing off that is needed for anything to be drawn down makes it unlikely there is no credit agreement. Would require more than one person to be stupid and break audit guidelines, can't see why anyone would do that. (I am of course talking about ordinary branch bank employees, yes we know there were some very funny big loans given out on high without paperwork!)
I still work in banking and every credit agreement is printed in duplicate with one copy given to customer and the other held on file.
The Guarantee form has a section in it suggesting Guarantor getting legal advice to understand what he/she is signing and requiring a signature to waive this.
Unless the bank official in question is working with you to defraud the bank there is no way that the documentation is not on file.
So what you are saying is that you took out a loan from a bank not knowing whether the interest rate you were being charged by the bank was 1% or 27% or even 50%. Your father went guarantor and he also did not sight or sign any documentation protecting you or himself.
Yes.