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Nat west business loan - cant find agreement

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  • Re: Nat west business loan - cant find agreement

    Originally posted by Amethyst View Post
    Is all a bit odd isn't it.
    Response to D Waterman 9th Jan 2013
    Thank you for acknowledging that my account was not in arrears when passed to the collections department. This was previously ignored and formed a large part of my complaint as the bank had always maintained that the account had been passed here for this reason. Surely this is a good enough reason for the account to be reinstated. .
    The bank received returned mail in January 2010 when the Royal Mail redirection facility - which had been in place for more than 2 years took effect.
    The bank were well aware that the business had ceased trading in 2007 so the returned post did not trigger the bank realising that the business had ceased trading. There had been very little activity on the account since the business closed so I do not believe it took the bank 3 years to realise anything.
    I have correspondence from the bank in 2008 where they acknowledge that the business was not trading.
    I received all statements and correspondence from the bank until January 2010 due to the redirection of mail.. What I failed to notice was which of my post was redirected and which was addressed directly. The post all came together.
    I feel that the bank reacted badly to the return of the post from my previous address – which I had left on 2007 - they made no attempt to contact me on a mobile phone number that I have had for 20 years and also the land line number which would have reached me or even an email, in this day and age there is no excuse not to be able to make contact. Fay Larkin made a decision which was unnecessary and even said that I failed (actually refused) to give the bank a forwarding address. I do not accept that I was at fault for not providing the bank with an address which they had a security on, that is crazy. Of course they knew that I could be reached there.
    I visited my local branch and made the change of address form to formalise the situation, I still felt it was expedient.
    It was the bank that suggested the £700 payment was made.
    I fully expected the bank to debit this monthly amount as they had previously been deducting the £350. When they informed me that the payment had not been made I immediately made the payment, and actually the next months payment as well as I was informed the revised amount needed to be advised by myself ?? This doesn’t seem right either and they are using this as an excuse that I am further in the wrong..
    The bank told me that subject to a current valuation of the property a settlement maybe considered,
    Under the freedom of information act I believe I am entitled to all correspondence held by the bank that relates to me.
    In regard to the M112 form, in the absence of a loan agreement on what basis are the bank saying that the loan was a business account. I still think they should provide this form to the DWP for them to make a judgement . This is surely in the banks interest.
    The Bank have not been consistent in their replies to you in this matter, you have reviewed a previous complaint so will be aware of this. Even last month they are promising a copy of my loan agreement will follow. Another example of stock replies that are worthless but they are rarely challenged.
    In conclusion whilst I take some comfort from your findings I feel that the bank do not really care or even learn anything from complaints. They offer the odd £25 or £200 here and expect that to make everything alright. This is small change to them and it will only be when they are hit with compensation awards that have an impact on their finances that they will take more care of their customers.

    Comment


    • Re: Nat west business loan - cant find agreement

      DW is FO adjudicater

      Comment


      • Re: Nat west business loan - cant find agreement

        Originally posted by Amethyst View Post
        Is all a bit odd isn't it.
        From NW
        25th April
        We write with regards to the above matter
        We have been advised that the Financial Ombudsman have now closed their case.
        Whilst we note repayments of £700 are being made this amount is insufficient given the amount outstanding and the length of time the matter has already been with this department.
        The Bank requires a minimum repayment of £2,968.30 per month.
        Please contact me to discuss the matter and repayment of the accounts within the next 14 days.

        YS

        Comment


        • Re: Nat west business loan - cant find agreement

          Originally posted by Jackien View Post
          The Sar has provided me with the statements that I have not received since 2009, I have actually received them twice !
          Copies of some letters that I have been sent and recordings of a couple of phone calls but nothing very helpful and no agreement. The statements show that I owe 200k and the end date of the loan as they have pointed out is Feb 2021. I am currently paying the 700 per month and now they have asked me for just under 3k a month. I understood that my rate was 1.5% over base, by my calculations this is 331.00 pm interest only or nearly 2300 repayment. I dont know where they got the £3k figure from was going to write and ask. They have admitted that the agreement is lost.
          The agreement is lost,now look at the LEGAL CHARGE.:beagle:

          Comment


          • Re: Nat west business loan - cant find agreement

            They have a legal charge on my land registry details

            Comment


            • Re: Nat west business loan - cant find agreement

              Originally posted by Jackien View Post
              They have a legal charge on my land registry details
              But is it executed validly.:beagle:

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              • Re: Nat west business loan - cant find agreement

                Ha well there's a thought, would the LR have a record of this or is it with the agreement do you think ?

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                • Re: Nat west business loan - cant find agreement

                  Originally posted by Jackien View Post
                  Ha well there's a thought, would the LR have a record of this or is it with the agreement do you think ?
                  Its seperate from the agreement,you should have a copy but your bank should supply you with a copy if you ask,your going to have to get it some how the solicitor that acted for you at the time should hold a copy ( Archived ) small charge to recover.

                  Comment


                  • Re: Nat west business loan - cant find agreement

                    Originally posted by Streetwise View Post
                    Its seperate from the agreement,you should have a copy but your bank should supply you with a copy if you ask,your going to have to get it some how the solicitor that acted for you at the time should hold a copy ( Archived ) small charge to recover.
                    Ok Thanks, should the bank have given it to me under the SAR request? I am hoping to hear Amethysts take at some point and will write a letter raising several points I think. How will we prove whether it is valid or not?

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                    • Re: Nat west business loan - cant find agreement

                      Hi they didn't supply it with my S.A.R. request,if you get it the legal charge we can check its validity, Law of Property ( Miscellaneous Provisions ) Act 1989.

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                      • Re: Nat west business loan - cant find agreement

                        ok on to it !

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                        • Re: Nat west business loan - cant find agreement

                          Hi amethyst I have posted letters requested is there anything stall you can help me with I am just about to write to the bank as they required a response within 14 days. I plan to ask them how they arrived at the 3k. a month payment and some evidence in support. I have requested mirtgage deed from land registry.
                          jackien

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                          • Re: Nat west business loan - cant find agreement

                            Originally posted by Streetwise View Post
                            Hi they didn't supply it with my S.A.R. request,if you get it the legal charge we can check its validity, Law of Property ( Miscellaneous Provisions ) Act 1989.
                            I have made this request from the LR

                            Comment


                            • Re: Nat west business loan - cant find agreement

                              Originally posted by Jackien View Post
                              I have made this request from the LR
                              You need to get it from the bank.

                              Comment


                              • Re: Nat west business loan - cant find agreement

                                Originally posted by Amethyst View Post
                                Is all a bit odd isn't it.
                                I have asked the ombudsman for the information that the bank have them and they have agreed to let me have it. Thought there may be some info that wasn't in the SAR . Could be useful

                                Comment

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