Natwest Mortgage shortfall account/Default vanished on 6yrs expiry - now its back - help

[davehoward79]

SAR requests can go to the bank's registered office

 

National Westminster Bank Plc.135 Bishopsgate, London EC2M 3UR.

 

Mark it for the attention of "The Data Controller".

 

Many Tnx ims

[davehoward79]

Thank you ims:-)

 

OK SAR sent with a £10 postal order, recorded delivery. I have to ask the question though BD, what exactly will this acheive?

[BRIGADIER2JCS]

OK SAR sent with a £10 postal order, recorded delivery. I have to ask the question though BD, what exactly will this acheive?

 

A SAR will produce ALL the data the creditor holds on you and the account (s) you have with it.

 

Including the information as to why the nonsense with the credit files is occurring and why they have passed this to the solicitors.

 

All very valuable data for when it comes to challenging the banks actions.

[davehoward79]

A SAR will produce ALL the data the creditor holds on you and the account (s) you have with it.

 

Including the information as to why the nonsense with the credit files is occurring and why they have passed this to the solicitors.

 

All very valuable data for when it comes to challenging the banks actions.

 

OK Fair point!. will i get the CCA with the SAR, or is it worth paying the £1 fee and requesting it, or just sit tight till the SAR comes back?

[BRIGADIER2JCS]

All ways worth a separate CCA request as there is actually no obligation for a creditor to supply the agreement with a SAR as this is covered by sections 77/78 of CCA1974.

[davehoward79]

Are there any templates on here that i can use to request the CCA?

[BRIGADIER2JCS]

Are there any templates on here that i can use to request the CCA?

 

Yes CAG library top left of the thread green button just below 'Banks & Credit.

[davehoward79]

Yes CAG library top left of the thread green button just below 'Banks & Credit.

 

Again, do i address this to the Natwest Data Controller?

[BRIGADIER2JCS]

Again, do i address this to the Natwest Data Controller?

 

Same envelope as the SAR, you want a copy of the mortgage contract.

[davehoward79]

Same envelope as the SAR, you want a copy of the mortgage contract.

 

wooops, already sent the SAR off this afternoon

 

will just have to pay for the cost of another recorded delivery, oh well!

[BRIGADIER2JCS]

wooops, already sent the SAR off this afternoon

 

will just have to pay for the cost of another recorded delivery, oh well!

Hi Dave you could send this 1st Class and get free proof of posting.

[davehoward79]

Hi Dave you could send this 1st Class and get free proof of posting.

 

for the sake of £1, ill go with a recorded delivery. At least then i have the peice of mind...and proof that it was sent. Does the CCA request have to be acknowledged within 14 Days?

[BRIGADIER2JCS]

No not acknowledged, Dave Complied with within the 12+2 working days, from the date posted by 1st class post.

[BRIGADIER2JCS]

Can't bring up the form here, yes it is the right one.

[davehoward79]

No not acknowledged, Dave Complied with within the 12+2 working days, from the date posted by 1st class post.

 

OK BD Thanks

 

Another quesry, if i may. I have been researching the council of CML practice. Is it true that although, in the last six years (last letter relating to the shortfall was about 12 months ago) i have received leeters from various solicitors and ignored them, then the CML practice is not valiud in this case as the lender has made reasonable effort to make contact, even though i did ignore these letters?

[BRIGADIER2JCS]

Debateable that one if the letters were sent signed for or with proof of posting there may be a problem, we need to have the data from the SAR to make judgements on this.

[davehoward79]

Debateable that one if the letters were sent signed for or with proof of posting there may be a problem, we need to have the data from the SAR to make judgements on this.

 

None of the letters where sent requiring a signature, that much i am certain of

[BRIGADIER2JCS]

Well that's good, let's wait for the SAR data!

[davehoward79]

Hi Brig, i have had my cca request returned from the Natwest stating that

 

1. they need a signature on the CCA Request

2. They need additional security info. They have asked me to go to a local branch with my passport\driving licence, and get them to send the photocopies

3. As i have recently moved, they have asked for a utility bill with my name and address on

 

Shall i be forthcoming with all these?

 

Also, my SAR request was lost by royal mail so i have sent another one yesterday. Will i be correct in assuming that that will be returned based on the above problems with the CCA request, apart from the signature because i did sign my SAR request?

[BRIGADIER2JCS]

NO signature is needed on a CCA request refer who ever stated this nonsense to refer to the banks compliance department who MUST know that this is not correct.

So when you go into the branch tell them this.

 

For a SAR you should sign with the normal signature you use, this is after all a request for sensitive personal data.

[davehoward79]

NO signature is needed on a CCA request refer who ever stated this nonsense to refer to the banks compliance department who MUST know that this is not correct.

So when you go into the branch tell them this.

 

For a SAR you should sign with the normal signature you use, this is after all a request for sensitive personal data.

 

 

Hi Brig, the letter was stamped with the SAR department stamp? Is thgere any particular ruling that stated this is not requested so i can into branch quoting this?

[davehoward79]

Hi BD, hope ypur keeping well

 

i have just received the SAR data, everything is in there i expected. Even the original mortgage agreement that myself and my X wife signed

 

No CCA though. I have resent the request only yesterday, as they rejcted the 1st request and requested proof of address

 

So obviously my next question is what is it im looking for, and what to do next? The default is still on my Credit File, and has recently been updated

[BRIGADIER2JCS]

Hi BD, hope ypur keeping well

 

i have just received the SAR data, everything is in there i expected. Even the original mortgage agreement that myself and my X wife signed

 

No CCA though. I have resent the request only yesterday, as they rejcted the 1st request and requested proof of address

 

So obviously my next question is what is it im looking for, and what to do next? The default is still on my Credit File, and has recently been updated

There is no obligation for a creditor to supply a CCA with a SAR, CCA '74 sects 77/78 cover that.

[BRIGADIER2JCS]

Hi BD, hope ypur keeping well

 

i have just received the SAR data, everything is in there i expected. Even the original mortgage agreement that myself and my X wife signed

 

No CCA though. I have resent the request only yesterday, as they rejcted the 1st request and requested proof of address

 

So obviously my next question is what is it im looking for, and what to do next? The default is still on my Credit File, and has recently been updated

 

What shows on the CRA file now.

[Peterbard]

There is no obligation for a creditor to supply a CCA with a SAR, CCA '74 sects 77/78 cover that.

 

This is nonsense. A request made under the DPA has absolutely nothing to do with the consumer credit act. Please ring up the ICO and ask them.

 

The creditor must release all information relating to the data subject.