# MIS wants my mortgage contract. Lender doesn't have it.



## BOOM2BUST (26 Aug 2011)

Hi all, i am a frequent reader of askaboutmoney but this is my first post. I am looking for some advice regarding my mortgage contract. I was recently made redundant from my job and i applied for mortgage interest supplement from social welfare. They required a copy of the original loan application from our lender so i sent off a letter requesting this document. A week later i got a letter from my mortgage provider saying that they do not have copies of the original loan application as all of the mortgage application was done through microfilm. So failure of our mortgage provider to provide an original mortgage application has resulted in social welfare turning down our application on these grounds. We have subsequently fallen into substantial arrears on our mortgage and the future looks bleak. If anyone has any advice regarding this matter or who i may contact regarding this issue it would be great.


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## hastalavista (26 Aug 2011)

sorry to read of ur plight.

Have you approached your provider via the MARP if ur provider is covered by it
see here
http://keepingyourhome.ie/mortgage_debt.html.en

It does not address ur SW issue but if in arrears this is the process.

I would also take up the lack of original docs with both ur local TD and the Fin Ombudsman, you are not alone


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## jackbetal (26 Aug 2011)

The following letter sent to your lender has to be adhered to under the Data Protection Acts 1988 & 2003. I would recommend ringing your lender beforehand and requesting how much it will cost to get this information. It should be no more than €6 or €7. If they do not comply then you can threaten to report them to the Data Protection Commisioner.

[broken link removed]

All the best.


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## jackbetal (26 Aug 2011)

Insert name and address of person making request 

  Date: 
  Data Protection Officer
  Insert Address of Lender



*RE:     Insert name of borrower(s) *
*            Insert Account Number*



  Dear Data Protection Officer,

  I wish to make an access request under the Date Protection Acts 1998 and 2003 for a copy of any information you keep about me, on computer or in manual or hard copy form. I am making this request under section 4 of the Data Protection Acts. Please include copies of my loan application and any documentation I provided to you to support my loan application.

  I understand that this information must be sent to me within forty days of your receiving this request and I look forward to receipt of same within that time frame.


  Yours faithfully,



  __________________________
  [FONT=&quot]Signed by person(s) making request (all borrowers must sign request) [/FONT]


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## PiedPiper (26 Aug 2011)

*about Data protection*

Hi

I did this twice and got no mortgage documentation then I sent several emails and was told it would be sent out  ............... Nothing.

Eventually I had to pay a solicitor to get mortgage documents for me so question have I any chance of getting anywhere with a complaint to Data Commissioner??


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## Brendan Burgess (26 Aug 2011)

BOOM2BUST said:


> A week later i got a letter from my mortgage provider saying that they do not have copies of the original loan application as all of the mortgage application was done through microfilm.



Quote them Section 5 of the [broken link removed]


> A lender must assist borrowers by ensuring that all requests from borrowers for documentation and information required for the purposes of applying for State supports in relation to mortgages, are processed within ten business days of receipt of the request



If you are losing out on an entitlement due to their administration failure, I think you would have a good case for compensation.


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## BOOM2BUST (27 Aug 2011)

Hi, thank you for the replies they have been a great help. I think i am going to have a more stern approach with the bank on this matter. The mortgage provider's sheer arrogance leaves me bewildered. At the end of the day its in their interest that i get some help from Social welfare so i can service my mortgage to some extent... The struggle continues....


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## rubyred (27 Aug 2011)

Hi boom2bust just to let you know if you write into data protection officer and if they find in your favour they do not have the authority to award damages or loss of money, you would have to get there findings and prob have to go through legal route- by sounds of your mortgage provider there not just going to knock off the the downfall. Hope you get it all sorted with sw keep us updated.


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## geo010709 (27 Aug 2011)

i boom2bust, the way i see it is if the bank cant give you a copy of any documentation then how can the bank claim you have a mortgage. what proof does it have that you owe them anything.


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