Bank won't take a report of unexplained debits from my bank account. What can I do?

[BRIGADIER2JCS]

Hi thank you for your reply sorry but I didnt get notifications of your reply & couldn't find the post.

It would seem from the contract that they don't have to take me to court.

 

Hi Steve,

Did you write to the Director?

 

I still cannot see how the bank is charging of ''legal fees'' in this way, were you given any warning that this could happen?

[Stevlynd]

Hi yes I emailed the director & everyone else who I could find an email for at the bank.

 

There is a line in my commercial loan agreement that basically says they can do pretty much anything they want without going to court.

 

It was one if the many things I asked about before signing but was reassured I wouldn't have to worry about it unless I was in arrears.

 

I have never been in arrears & now that little tiny clause is rearing its head & biting big time.

[BRIGADIER2JCS]

Are these fees for setting up the 'commercial' loan~?

[Stevlynd]

Where is your branch located? does it have a business manager there all the time or just an occasional one. If the former, then I would drop in and demand to see the business manager and take copies of your correspondence with you. Tell the manager that you want the disputed monies returned to your account until the problem is resolved. This isa requiremnt of the banking code that they are all signed up to. if the manager refuses then you will have to take the matter to the ombudsman. This will take a while but you will be awarded suitable compensation and the bank will be publicly admonished so they like to sort it out with you. Had fraudulent DD placed on a Barclays account and they said they could do nothing. I gave them a police crime number and told them I was going to the ICO and banking ombudsman and they siad they would refund all of the missing money as long as I indemnified them againt any legal challenge. Well, a crook is not likely to risk damaging a possible nice little earner elsewhere so i am happy with that. You may ahve to do the same if the sums are disputed or the result of sharp practice by some of these dodgy companies that seem to misuse B2B supposed verbal contracts.

Hi sorry I have not replied but I didnt get notifications of your reply & couldn't re find the post. Already have a complaint in with the ombudsman, the bank & my MP.

[Stevlynd]

Are these fees for setting up the 'commercial' loan~?

No I have obtained copies of the invoices 1st on in January all is says is "property portfolio security review" £1582

The breakdown is land registry searches £82.00 don't know how they got this as it costs £3.00/per property, fees £1250 vat £250

The second one 6 weeks later, "property portfolio security review" The second one is professional fees £720 £600 fees £120 vat.

[Stevlynd]

Have sent a failure to comply fully with my SARs request to NatWest, giving them 7 days before court action,I sent emails & recorded delivery.

 

I have had no further information & the deadline is tomorrow.

 

I now have to be ready to carry out my threat & go ahead & apply to the courts for full compliance.

 

I have read the information commisioners leaflet, "data protection act - taking a case to court but feel like i am knitting spaghetti.

 

Have read a few threads but can't find any where people have written about how they did it.

 

Is there an easy to follow guide with templates that anyone could point me in the direction of please?

 

I am also planning to claim over £600,000 compensation as this is the amount NatWest have called in the receivers for.

 

I feel they are with holding evidence that they have miss sold me the loans, what do you think my chances are?

 

I know they have swapped a page in a contract and there are definitely incriminating emails which they havent disclosed.

 

Also there are no copies of hand written notes or copies or transcripts of telephone conversations.

 

Any help would be greatfuly received.

[Streetwise]

Have sent a failure to comply fully with my SARs request to NatWest, giving them 7 days before court action,I sent emails & recorded delivery. I have had no further information & the deadline is tomorrow. I now have to be ready to carry out my threat & go ahead & apply to the courts for full compliance. I have read the information commisioners leaflet, "data protection act - taking a case to court but feel like i am knitting spaghetti. Have read a few threads but can't find any where people have written about how they did it. Is there an easy to follow guide with templates that anyone could point me in the direction of please? I am also planning to claim over £600,000 compensation as this is the amount NatWest have called in the receivers for. I feel they are with holding evidence that they have miss sold me the loans, what do you think my chances are? I know they have swapped a page in a contract and there are definitely incriminating emails which they havent disclosed. Also there are no copies of hand written notes or copies or transcripts of telephone conversations. Any help would be greatfuly received.

Why don't you answer the questions that have been asked,and think carefully before taking the bank to court you will be liable for there costs if you loose.

[Stevlynd]

Why don't you answer the questions that have been asked,and think carefully before taking the bank to court you will be liable for there costs if you loose.

Sorry streetwise I don't understand "why don't you answer the questions that have been asked"

 

I have re read the thread and can't see any posts that I haven't answered.

 

With regard to thinking carefully about taking them to court I am trying to follow advice I have read on this and other forums

as I have already sent the SARS request then followed up with a none compliance letter.

 

I know there are things missing as I have copies of a lot of what is missing so surely if I go to court I will win.

 

They have taken £1,000,000 pounds of property for £600,000 of lending over 4 different loans

the 1st over 5 years the rest over 15 years.

 

They have taken away my income and my future pension because I was lied to & enticed to move my properties to them & increase my borrowing.

 

I have never missed a payment but now the administrators are involved march payment has not been made

as they have told the tenants not to pay their rent since february as they haven't opened a bank account for it to go into.

 

I have now had a letter from natwest saying there will be a substantial shortfall although I don't know how they have come to this conclusion

as I had the properties valued & their value had not gone down.

 

This is just the tip of the iceberg of what has happened i my life over the last few years

& i am absolutely sick of the powers that be thinking they can walk all over me it makes me

 

so bloody angry & I am not taking it anymore.

I don't know what else to do but to fight hard.

[Streetwise]

Did they take you to court to get the administrators involved.

 

Why did you give them permission to take over the properties.Or did they take you to court.

 

Was the loan agreement in the S.A.R.

 

Do you have a letter that has been sent to the tenants telling them not to pay you the rent.

 

I take it your tenants have A.S.T s with you.

 

What other forums have you been on.

 

Regards Streetwise.

[Stevlynd]

Hi Streetwise, thanks for getting back to me I havent seen these questions but in answer to them;

Did they take you to court to get the administrators involved. No they didn't take me to court. They just took them, & told the tenants to have no further contact with me. Some of them are still in contact, some of them are too afraid. it does say they can take them in the contract, but i had been assured as long as I am not in arrears they would not use the clause.

 

Why did you give them permission to take over the properties. Or did they take you to court. I haven't given them permission.

 

Was the loan agreement in the S.A.R. There are four loan agreements one of them has had a page changed.

 

Do you have a letter that has been sent to the tenants telling them not to pay you the rent. Yes I have a copy of one.

 

I take it your tenants have A.S.T s with you. Yes they do. The receivers told some of them don't worry you will just get a new landlord & others we need to see you tenancy agreement so we know when to kick you out. One of the tenants rang me while they were banging at the door & recorded the conversation at my request. They have told the tenants they are my agent.

 

What other forums have you been on. M.S.E, penalty charges & others i can't remember Ive read so much.

 

Regards Stevlynd.

[Streetwise]

Hi Streetwise, thanks for getting back to me I havent seen these questions but in answer to them;

Did they take you to court to get the administrators involved. No they didn't take me to court. They just took them, & told the tenants to have no further contact with me. Some of them are still in contact, some of them are too afraid. it does say they can take them in the contract, but i had been assured as long as I am not in arrears they would not use the clause.

 

Why did you give them permission to take over the properties. Or did they take you to court. I haven't given them permission.

 

Was the loan agreement in the S.A.R. There are four loan agreements one of them has had a page changed.

 

Do you have a letter that has been sent to the tenants telling them not to pay you the rent. Yes I have a copy of one.

 

I take it your tenants have A.S.T s with you. Yes they do. The receivers told some of them don't worry you will just get a new landlord & others we need to see you tenancy agreement so we know when to kick you out. One of the tenants rang me while they were banging at the door & recorded the conversation at my request. They have told the tenants they are my agent.

 

What other forums have you been on. M.S.E, penalty charges & others i can't remember Ive read so much.

 

Regards Stevlynd.

When you talk of a contract do you mean the loan agreements.

 

Does the final loan agreement have both your signature and a signature from the bank.

 

Does the final loan agreement cancel out the other agreements have they consolidated them altogether.

 

Do you have your copy of the final loan agreement,or only the bank's from the S.A.R.

 

Your not going to like this but you should not have let the receivers take the properties with out a court order ,is there any way you could take control again.

 

I take it your payments are quarterly as you say the March payment has been missed,

 

 

Have the bank issued a Formal demand and if so,what grounds have they issued it under,as you say there was never a default on the account.

 

These other Forums you mentioned are the wrong place to look and this site won't let me take you over the road.

 

Use a search engine,to put your problem in and look carefully.

 

There are others out there with the same problem as you.

[Stevlynd]

When you talk of a contract do you meanthe loan agreements. Yes the loan agreements

Does the final loan agreement have both your signature and asignature from the bank. There are 4 different loan agreements and they aresigned on behalf of the bank.

 

Does the final loan agreement cancel out the other agreements have theyconsolidated them altogether. They have sent other loan agreements to try tocancel the longer term ones but I toldt hem I would be an idiot to sign them. Sothey are not consolidated.

 

Do you have your copy of the final loan agreement,or only the bank's from theS.A.R. I have to hand copies of except the first one but I know I have it itsjust setting some time out to find it.

 

Your not going to like this but you should not have let the receivers take theproperties with out a court order ,is there any way you could take controlagain. I haven’t let them take the properties I have told them it is a disputeddebt and don’t agree with their actions.

 

I take it your payments are quarterly as you say the March payment has beenmissed, yes the March payment hasbeen missed as they cleared my account of thefunds that would have paid it..

 

 

Have the bank issued a Formal demand and if so,what grounds have they issued itunder,as you say there was never a default on the account. The letter statesthis letter is formal notice from the bank that it now demands immediatepayment of the sum of ............ sterling being amounts due by you in thebank including and charges..............

 

Bla bla bla interest and any default feeswil continue to accrue on al amounts due to the bank at the rate previouslynoted to you until such time as payment is received.

 

Should there be any further actualliabilities or contingent liabilities not included in the amount above, thebank reserves the right in respect of any claim it may have including withoutlimitation, the right to make further demand. Bla bla bla

 

If we do not receive such payment fromyou, we shall proceed to exercise out rights under ant security that we hold.This will include appointing LPA Receivers over the properties that are chargedto the bank as security for your liabilities.

 

These other Forums you mentioned are the wrong place to look and this sitewon't let me take you over the road. Sorry I don’t know what over the roadmeans.

 

Use a search engine,to put your problem in and look carefully. Have spent hourslooking (usually when I can’t bloody sleep) but haven’t managed to find toomuch.

 

There are others out there with the same problem as you. Have heard they are but can’t find them.

 

Edited May 5, 2013 by Stevlynd

[Stevlynd]

I have just filled in the forms for a complaint to the information commisioners office, re SARS non compliance.

 

I have attached all the documents & evidence including the letter before action & emailed them via the email address on their web site.

 

How long should it be before I hear anything back?

 

Also should I email the bank to inform them I have done this?

 

Thanks in advance.

Edited May 15, 2013 by Stevlynd

[Stevlynd]

Have received a letter today from NatWest (copy below) & they have upheld my complaint re failure to comply fully with my SARs request.

 

What does that actually mean as they have just listed excuses as to why they aren't able to give the information.

 

I find their answer unbelievable, surely they should be logging phone calls emails etc on my record.

 

Can what they are saying be correct?

 

Any thoughts would be appreciated.

 

SUBJECT ACCESS REQUEST – DATA PROTECTION ACT 1998 (SECTION 7)

 

 

 

Thank you for your patience whilst I have been investigating your recent complaint. I have now completed my investigation and am in a position to respond to your concerns.

 

When the items are presented for payment and covering funds are not available, manual intervention does not normally take place. However, if it does, it is part of a routine procedure and we are not required to make any record of the action that was adopted. Therefore, no notes relating to manual intervention would exist.

 

If you would like transcripts of telephone conversations, please provide us with dates, times and who you spoke to (i.e. departments or telephone number), so that we are able to locate these. Please note that not every telephone call is recorded. I apologise you were not advised of this before as these specific details are necessary to try to locate these calls.

 

Emails within our system are not searchable unless the customer’s full name is available in the header of the communication. Emails that can be located would have been included in your Subject Access Request.

 

I apologise that we have not responded to these queries in our previous correspondence, due to this I uphold your complaint. I can assure we have made every attempt to locate all information held. If there is other information you believe that has not been included please let us know and we will attempt to locate it.

 

I am sorry you found it necessary to make this complaint. If you think I have misunderstood anything about your complaint, or you would just find it helpful to talk through my response, please feel free to contact me on my direct line which is xxxxxxxxxxx

 

However if you are not satisfied with the outcome of this complaint you can refer this matter to the Financial Ombudsman Service (FOS) for their view. If you wish to take your complaint to the FOS, you must do it within 6 months of the date of this letter i.e. before November 2013.

[dx100uk]

merged with your existing threads all on the same issue

 

once again....PLEASE keep to one thread for all issues relating to the NatWest stuff.

 

then we can all see what has already been advised.

 

dx

[dx100uk]

I would think you can at least find the times etc from you own telephone records/bill or online

then ask?

 

dx

[Stevlynd]

merged with your existing threads all on the same issue

 

once again....PLEASE keep to one thread for all issues relating to the NatWest stuff.

 

then we can all see what has already been advised.

 

dx

 

Sorry but am not sure which one to post on as most don't seem to get replies, also different people look for different topics so posting about a SARs non compliance on a thread with a headline of something to do with receivers may not get any interest & vice versa. Please advise which I should post on?

[BRIGADIER2JCS]

Yes what they are saying is correct can you imagine the amount of data to be collected and managed if every routine function had to be noted and recorded.

Edited May 23, 2013 by BRIGADIER2JCS

[Stevlynd]

I would think you can at least find the times etc from you own telephone records/bill or online

then ask?

 

dx

 

Thanks for your reply.

We're talking about telephone calls from 6 nearly years ago when I first took out the loans. I don't have records from that far back & never imagined i would ever need them. I thought the banks had to keep them by law. Also the emails from the same time where sent to the same email address as the recent ones that they have managed to find.

[BRIGADIER2JCS]

I don't think all calls are recorded anyway!

[Stevlynd]

Yes what are saying is correct can you imagine the amount of data to be collected and managed if every routine function had to be noted and recorded.

 

Thanks for your reply Brigadier2jcs but not sure if there is a word missing as don't understand what you have written.

[Stevlynd]

I don't think all calls are recorded anyway!

 

Does anyone know if anyone has actually received any transcripts of phone calls.

[dx100uk]

yes lots of times.

 

you should be ok if you know the time & data

 

if you are on BT or virgin or sky or PO

 

they all have websites whereby your calls are all noted down.

 

dx

[BRIGADIER2JCS]

Yes I have about 3 years old though, I was told the call are classified as to the content need to be recorded.

[dx100uk]

Sorry but am not sure which one to post on as most don't seem to get replies, also different people look for different topics so posting about a SARs non compliance on a thread with a headline of something to do with receivers may not get any interest & vice versa. Please advise which I should post on?

 

they are all merged here now

 

people will see the specific titles and reply

 

their replies will auto come here

 

in one place.!

 

dx