Nat west business loan - cant find agreement

[Jackien]

Re: Nat west business loan - cant find agreement

Ummmm well that's not really covering their obligations under the Data Protection Act and your request. It may be the rest of the info is coming under separate cover or you might want to respond to them asking them for everything else.

mortgage account from 2007 to date.
Does that all look correct and shows the payment break correctly ? Does it show the effect of your payments and the break ?


Since 2009 the only entries are a failed direct debit each month for 1801.26
Is that for every monthand are you being charged for the failed DD ?

a credit for 700
Is that the payment you are making directly?

quarterly amounts of interest of 1050.00.
Is that the same every quarter throughout the loan period since 2006?
You're on capital repayment aren't you (or meant to be) - what does that work out the interest rate as?
Are there no charges/fees etc showing ?

and what's the current balance?


Your SAR asked for



So they have a way to go to provide the rest.

Possibly give them a call and ask if the rest is on its way, otherwise I'd give it a few days (till the 40 days are up) see if it's just under separate cover then write to them asking for the rest asap(and reminding them of their obligations under the DPA and informing them you will tyake it to the ICO - we'll rewrite something)

Thank you, I will get the answers over the weekend for you, the 40 days are up on Sunday, so depending on your response I can get on to them next week.
J

[Amethyst]

Re: Nat west business loan - cant find agreement

Ummmm well that's not really covering their obligations under the Data Protection Act and your request. It may be the rest of the info is coming under separate cover or you might want to respond to them asking them for everything else.

mortgage account from 2007 to date.
Does that all look correct and shows the payment break correctly ? Does it show the effect of your payments and the break ?


Since 2009 the only entries are a failed direct debit each month for 1801.26
Is that for every monthand are you being charged for the failed DD ?

a credit for 700
Is that the payment you are making directly?

quarterly amounts of interest of 1050.00.
Is that the same every quarter throughout the loan period since 2006?
You're on capital repayment aren't you (or meant to be) - what does that work out the interest rate as?
Are there no charges/fees etc showing ?

and what's the current balance?


Your SAR asked for

• Full copies of all contracts / agreements which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.

• A complete list of all transactions or statements relating to ALL of my Loan Accounts/Current Accounts/Credit Card Accounts with your organisation.

• Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
• Copies of any communications you have had with the Land Registry or any third parties regarding myself or my accounts.

• Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to me - including any debt/collections department.

• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

• Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
• Copies of any telephone recordings made, and/or any notes made regarding any contact between myself and your company.

So they have a way to go to provide the rest.

Possibly give them a call and ask if the rest is on its way, otherwise I'd give it a few days (till the 40 days are up) see if it's just under separate cover then write to them asking for the rest asap(and reminding them of their obligations under the DPA and informing them you will tyake it to the ICO - we'll rewrite something)

[Jackien]

Re: Nat west business loan - cant find agreement

The letter was just signed ' The Manager' Data subject access request team

So today I receive an A5 hand written envelope containing bank statements for the mortgage account from 2007 to date. Since 2009 the only entries are a failed direct debit each month for 1801.26 a credit for 700 and quarterly amounts of interest of 1050.00. There was no covering letter or comp slip, nothing but the statements. What do we make if that?

[Jackien]

Re: Nat west business loan - cant find agreement

Just wait, the last letter you received was it signed by the Data Controller.

The letter was just signed ' The Manager' Data subject access request team

[Jackien]

Re: Nat west business loan - cant find agreement

The letter was signed by Manager, Subject Access Request Team

[Streetwise]

Re: Nat west business loan - cant find agreement

UPDATE ..... Today I received a letter from Nat West dated 8 th Feb saying that they had received my SAR request and the fee and would deliver the SAR to my address within 40 days. The SAR was sent on 14 th Jan. Are they buying time? Should the deadline be 40 days from when I know they received the request. I have already had the letter mentioned a couple if posts ago.

Just wait, the last letter you received was it signed by the Data Controller.

[Jackien]

Re: Nat west business loan - cant find agreement

And if they dont have it in the S.A.R..

UPDATE ..... Today I received a letter from Nat West dated 8 th Feb saying that they had received my SAR request and the fee and would deliver the SAR to my address within 40 days. The SAR was sent on 14 th Jan. Are they buying time? Should the deadline be 40 days from when I know they received the request. I have already had the letter mentioned a couple if posts ago.

[Streetwise]

Re: Nat west business loan - cant find agreement

Hi Amethyst
£350 goes by dd - it says NWB on my statement - and the other £350 I make a transfer each month - on the same date as the DD (28th) to the mortgage account, so £700 total. I have it set up as regular payment, have just checked and it is a sort code and account number, which happen to be the same as the current account that I had with the bank, is that weird? I wonder what would happen if I didn't pay, as per Ians post? Shall we just wait and see if anything else comes within the 40 days, I cant believe that is their final response. 20 days to go!

You are saying that you pay this monthly.
So you are paying £2100.00 per Quarter if this is the case you have been paying more than interest only.
Payments on base rate plus 2% are under £1700.00 per Quarter and have been since the end of 2009.
In 2007 the base rate at one point was over 5%.

[IanM]

Re: Nat west business loan - cant find agreement

If the SAR still comes back with nothing after the forty days then I do agree Ian. There is too much at stake to stop paying just yet. Don't forget RBS are being 'investigated' over set up to fail' secured loans and maybe I'm over cautious but feel it may be playing into their hands somewhat. The property is a home, a valuable asset with borrowing only on fifty percent loan to value, and a building plot of land. I can quite well see the bank wanting to be able to call the loan in and take the security to sell to some of their mates at vastly under value to turn around to huge profits. I believe Jackien has the money available to bring the loan up to date (if it is indeed in arrears due to the possible cock up after the payment break) but I think that still leaves her vulnerable to possession?

There is definitely something amiss here. If the SAR comes back blank then yes hands might need forcing.

Any thoughts on why the loan payments are being paid to Jackien's closed current account?

"""A reply to the SAR request today saying that they can not find any account for me with the info that I gave them. They have asked if I had a credit card with them as this may help in tracing me! I didn't. So will wait for the 40 days to be up and ask your advice again. Kind regards Jackien"""



They have replied to the SAR, didn't even have to wait 40 days, they have no info so they have no evidence to repossess.


Maybe the payments are being syphoned off from the closed current account into an employees back pocket as they know the payments won't be missed with no account info to match it to.

Whatever happens, the lender will still have to issue proceedings to repossess and they won't even attempt that while payments are being made but as there is no paperwork for the account I cannot see that ever happening so I would stop the payments, save the money in case it does go to court and show proof of funds to pay the arrears etc. if it is required by the judge. to prevent an SPO being granted to the lender.

The current 'worse case scenario' is the lender will issue proceedings if the payments stop but the question is, what will they present as evidence if the SAR cannot be fulfilled? They cannot suddenly appear in court with paperwork that they couldn't produce to the borrower when it was requested well before any proceedings.

[Streetwise]

Re: Nat west business loan - cant find agreement

Need a bit more time to read all of the posts but interesting reading and I get the gist, what was the outcome?

The outcome was that they came to an amicable settlement,and Paul got a gagging order.

[Amethyst]

Re: Nat west business loan - cant find agreement

If the SAR still comes back with nothing after the forty days then I do agree Ian. There is too much at stake to stop paying just yet. Don't forget RBS are being 'investigated' over set up to fail' secured loans and maybe I'm over cautious but feel it may be playing into their hands somewhat. The property is a home, a valuable asset with borrowing only on fifty percent loan to value, and a building plot of land. I can quite well see the bank wanting to be able to call the loan in and take the security to sell to some of their mates at vastly under value to turn around to huge profits. I believe Jackien has the money available to bring the loan up to date (if it is indeed in arrears due to the possible cock up after the payment break) but I think that still leaves her vulnerable to possession?

There is definitely something amiss here. If the SAR comes back blank then yes hands might need forcing.

Any thoughts on why the loan payments are being paid to Jackien's closed current account?

[IanM]

Re: Nat west business loan - cant find agreement

RBS recreating agreements because, "". It did this because it was fed-up with the fact that some customers were getting their debts written off because staff could not find the paperwork.""


I would get that account set up and start paying your mortgage payments to yourself until further notice.

I, myself, would go a little bit further than that and would write them a letter saying that unless they can produce the necessary documents to prove you owe the money within 40 days then you will not enter into any further correspondence with them regarding this account or make any further payments towards this 'alleged' debt and they will have to write it off and release the charge against your property at the earliest opportunity.

I'm not recommending you do what I would do but it would force them into a corner, do they 'write it off' or do they 'issue proceedings', because at the moment they seem reluctant to issue proceedings but are happy to keep taking whatever money they can scare out of you.

You really do need to get a solicitor to look at this for you straight away, get all the paperwork you already have and the response letter from the lender regarding your SAR and make an appointment in the morning!

[Jackien]

Re: Nat west business loan - cant find agreement

Sounds dodgier by the minute.

Yes check your credit file and really we can't do much except surmise until the sar final response.

Yes I agree and thanks, speak again soon!!

[Amethyst]

Re: Nat west business loan - cant find agreement

Sounds dodgier by the minute.

Yes check your credit file and really we can't do much except surmise until the sar final response.

[Jackien]

Re: Nat west business loan - cant find agreement

JUST wondering, does this show up on your credit file? If so what markers are on and are they reporting each month?

I really don't know, I guess I should check.