TrackerThieves
Registered User
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I have an ongoing tracker case with EBS/AIB which has a number of other issues. I did a Subject access request back in December 2017 on my mortgage account.
From this i identified 14 possible calls i was interested in getting recordings of. I filled out a form with exact dates and times identified in the documents received. I recieved a CD containing 5 calls with a letter stating "Please find enclosed a CD with the calls you requested". When i questioned with the S.A.R.S. team where the missing calls where they, i was told there's no record of them or they just aren't there and passed the blame to the A.S.U. as they put the CD together. I asked them to follow up to where they were.
I received a registered letter this week stating "In relation to your initial request and the 5 calls you received on CD, we have received confirmation that these are the only calls that can be located on our system in relation to the 14 you requested."
After checking my documents again 6 of the missing 9 are definitely phonecalls between myself and an arrears support unit member and all where between dates in 2015-2016, the other 3 i am not to sure if they were calls or other correspondence. So is possible that i am only missing 6.
This is taken from the code of conduct on mortgage arrears
63. A lender must maintain records of all communications with borrowers in mortgage arrears and in pre-arrears. Such records must be readily accessible and capable of being reproduced in legible form and in a timely manner. Such records may include contemporaneous notes of meetings.
64. A lender must maintain recordings of all Arrears Support Unit telephone calls made to or from a borrower in relation to his/her arrears or pre-arrears.
65. All records required by, and demonstrating compliance with this Code, must be retained by the lender for six years. In addition, all records relating to a borrower must be retained for six years from the date the relationship with the borrower ends.
Is it Acceptable that these calls are not available and what can be done?
Has anyone had similar experiences?
Yes , I requested back ( ebs) when I went from tracker to fixed and when I told I had no tracker option so had to fix . Conveniently these key calls can’t be found( it was a number of years ago ) but I had the date etc . Unacceptable that more recent 2015 -2016 are missing , can this be reported to the regulator??
Very interesting. Another way the banks are trying to wrong us
To be fair, the calls may have been deleted by accident, there's nothing to prove that these calls have been deliberately erased ... none of us are perfect after all
That said, in the absence of the call recording having been made available, I expect that the borrower's word will have to be accepted as to what was said on the call.
Mr Earl, you have highlighted the knub of the issue...
I strongly suspect it has been on purpose, Would like to discuss with Padraic and get confirmation on a number of things firstTo be fair, the calls may have been deleted by accident, there's nothing to prove that these calls have been deliberately erased ... none of us are perfect after all
Is this in the code of conduct or some sort of legal reverence?Mr Earl, you have highlighted the knub of the issue, if a debtor can prove a call was made on a particular date or time and the bank or F.I. cannot retrieve same (as required by CCMA), the alleged contents of the call must favour the borrower's account of same.
While I'm BOI customer I'd like to share what happened to me so far
I typed a letter to data protection and asked them to forward my info on my arrears of my mortgage
Yest my letter was returned to me saying I didn't sign my letter..
A delay tactics me thinks
While I'm BOI customer I'd like to share what happened to me so far
I typed a letter to data protection and asked them to forward my info on my arrears of my mortgage
Yest my letter was returned to me saying I didn't sign my letter..
A delay tactics me thinks
Just to clarifyWhat have we become, who do we blame when there is nobody else to blame except ourselves.
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