I have issued a Court claim for an incorrect default

[nellyj99]

Subject: RE: NatWest Complaint - 195135

Dear Mr Howells

 

Thank you for your email, and I am sorry you have had to contact the Bank again.

Understandably, I was surprised and disappointed that you have found another problem. To investigate this I have contacted my colleagues in our Credit Reference Team. They checked the records this morning and as per my previous email we have no adverse data logged against you. I have seen the reports which clarify this.

 

However, I know this has been a major problem for sometime and we have had issues previously. So I am happy to help you to get to the bottom of this. My colleagues said that is not impossible the Credit Reference Agency (CRA) can show different data to what we are reporting. It can also happen that a customer could be looking at historic data rather then current data. We need to ascertain what information and CRA you are looking at. Once we have the information then our CRA Relationship Manager can contact the CRA in question to see what the problem is.

 

I look forward to hearing from you.

 

Kind regards

 

 

Michael Gregor

Executive Office

Executive Response Team

 

This email is alarming. What is the quickest and most efficent way to get further information as to what the major problem is??

[nellyj99]

Update

 

I've drafted a very formal letter, question their DPA disclosure as its quite clear this has been secretly discussed with the ombudsman however there is no trail of conversation.

 

Also they are failing to provide any telephone call logs.

 

I have advised them that if I do not receive a proper full disclosure within 7 days I will amend my claim.

[Ganymede]

Amend it how?

[BankFodder]

The usual way, I suppose. Is there a difficulty?

[nellyj99]

They have classed my particulars as improper but have still managed to respond.

 

They have requested revised particulars. at my earliest

[BankFodder]

However, I am extremely concerned by this memo

From:

Sent: 11 December .l014 14:54

To:

Subject:

- DMO Birmingham Exec & FOS Requests

PH0-0037293914 • Howells exec · 195135 (urgent)

I called a couple of days ago about this case.

The customer was sent for local res to deal with the complaint at CMS. However, although the complaint

was upheld the customer did not like the compensation offered. Mr Howells came straight back to the

Exec Office.

I need to find out who is dealing with this to re-look at compensation. We failed to update the customer

credit history since 2008. He believes that this has affected him applying for a mortgage (we need to

check his credit history to confirm this).

He wants the bank to pay £705 compensation which is the amount of the default in compensation or he

will take the complaint further. I have chatted to the FOS, and they think £2SO is starting mark, anything

above that due to the default causing detrimental effect would mean customer would have to supply

evidence. However, if we can confirm that his credit file has been cleared and we can see if any

mortgage applications were made by Santander we could take a look at the compensation.

 

 

http://www.consumeractiongroup.co.uk...3&d=1428438532

Which shows that the bank conducted advance discussions with the Ombudsman service about your case. This could not possibly happen with a court of law and undermines the whole idea that the ombudsman is at all independent.

 

I think it is entirely improper for the bank to approach the ombudsman about this and it is entirely improper for the ombudsman to have engaged in the conversation.

 

What this does go to show is that there is a cosy relationship between the banks and the ombudsman. If an ordinary individual – a customer – had approached the ombudsman to have a little pre-complaint discussion, they would have been knocked back.

 

I have now had a discussion with some financial journalists at the BBC and I have forwarded them a copy of this memo.

 

They tell me that they find it very disturbing and that they have found evidence of other similar examples which they are looking into as part of an investigation.

 

It seems to me that there are important questions being raised here – unless somebody wants to tell me that the ombudsman role is to provide advice or consultancy to the banks in respect of specific cases.

 

It seems to me that this is potentially a serious example of breach of confidentiality and also further unfair treatment contrary to the FCA BCOBS regulations.

 

I think that when this is all done and dusted, we may refer it to the FCA for comment. I have already passed a copy of the memo onto a member of the FCA consumer Council and I am waiting a response.

 

I think that it confirms that neither the banks nor the ombudsman are to be trusted

[nellyj99]

Thanks for sharing that, If I can stop one other human being going through this then I'll be happy.

 

This is not about the money it's the total injustice throughout.

 

It needs EXPOSING!!!!

[nellyj99]

As mentioned I have today raised the fact of secret discussions with the Ombusdman and have just had this communication from the defendant.

[nellyj99]

UPDATE

 

This goes from bad to worse.

 

As mentioned the offending bank had discussions with the ombudsman secretly on review of there incomplete disclosure they let this slip through the next.

 

Upon review of documents it transpires

 

2 days after this secret chat they issued me a final response encouraging me to go the the ombudsman for an independant review. They obviously thought it was a done deal.

 

Yet further abuse of there position is they have made searches on my credit file I will update more on this at a later time but I know this thread is being closely monitored and I have not disclosed my evidence of this and don't want they to know anymore than what I have disclosed.

 

They have assured me of contact regarding the above by 4pm Tuesday and I await a full disclosure detailing these secret chats.

 

Mediation has been declined by myself and the allocation qurstionarre has been filed.

[nellyj99]

This email was sent to myself 2 days after the secret chats. It's contents speak for themselves.

Encouraged towards the FOS, this email is from the Chief executive office who have clearly authorised an unlawful credit search

 

 

As discussed, the bank has failed to update your credit files since 2008 as we agreed an error had been made and an alteration would be actioned. You explained this had a detrimental affect on you trying to apply for credit including a mortgage with Santander. You* previously raised a complaint which was upheld but you felt the compensation offer fell short of what you expected.

 

I have taken advice both internally and externally to provide you with* a fair and reasonable outcome. It was explained to me at an early stage that you would need to evidence that your credit score has stopped you getting credit. I have tried to avoid going down this route and asked our Credit Reference Team to access your external credit files.

 

I am sure you understand* this will impact the compensation I can offer.* Taking everything into account I am happy to offer £250 in total for the complaint.* I am happy to increase this figure if you can provide the evidence we require. I am aware there are costs involved and you made a number of calls, I have credited a further £50. Please could you let me know what account you like this paid into.*

 

I realise you were looking for a compensation payment of around several hundred pounds and I am sorry that I am unable to provide near this figure at this stage.*

 

Please accept my apologies again for the trouble and upset caused. If you are unhappy then please feel free to contact me. You may also take your complaint to the Financial Ombudsman Service. They will independently review your complaint, although I hope that won't be necessary. If you do decide to refer your complaint to them, this should be done within six months of the date of this email as they may not consider your complaint after that time. You can contact them via ombudsman.org.uk/publications/comsumer-leaflet.htm. You can, of course, still come back to me if there are any other issues that you wish to raise about your complaint.

 

Thank you for allowing me to investigate your complaint

[BankFodder]

I wouldn't worry about them monitoring this thread. Let them. As long as you are dealing with them honestly and straightforwardly, there is no advantage they can gain by knowing what is going on. It is they who think that they keep some advantage by sneaking around.

 

Once the case is transferred to your local court, you will eventually receive a hearings questionnaire. This will give an opportunity to ask the court to make orders.

I suggest that you ask the court to give you judgment on the admitted parts of there defence - such as it is - so that you can clear the decks and merely conduct the hearing on the bits that they are challenging.

 

However, for them to admit the data protection breaches and then try to go and and say that this kind of behaviour is not unfair and contrary to BCOBS beggars belief.

[BankFodder]

I have tried to avoid going down this route and asked our Credit Reference Team to access your external credit files.

 

Amazing. They admit that they accessed your credit file. On what authority - with whose permission? Your account was closed in 2008. Any permission to access your data expired with the end of the account contract.

This is an extraordinary abuse of their access to the CRA database.

Did they put any explanation for the access on your file? Has the access had any negative impact on your file?

 

I suppose that Shoosmiths are going to try and say that this isn't unfair either.

[nellyj99]

Amazing. They admit that they accessed your credit file. On what authority - with whose permission? Your account was closed in 2008. Any permission to access your data expired with the end of the account contract.

This is an extraordinary abuse of their access to the CRA database.

Did they put any explanation for the access on your file? Has the access had any negative impact on your file?

 

I suppose that Shoosmiths are going to try and say that this isn't unfair either.

 

Hi thanks for following this thread.

 

The search has affected my credit score however there ain't just the one search there's two. Enough said

 

I understand shoosmiths are acting only on instruction and are being used as a middleman.

 

However shoosmiths don't like the fact I copy natwest into my correspondance.

 

They had no authority from me.

 

I'm either going to amend my claim and submit a revised particulars just like they requested in there defense, I suppose I can thank them for that. I'll include all this however I await their full disclosure however I doubt it will ever be complete.

[BankFodder]

Don't worry about Shoosmiths. Keep on copying out to anyone you want.

 

Don't reissue the claim. Just amend it and in view of the new revelations you may consider increasing the amount you are claiming.

Amending a claim is a fairly routine thing to do.

 

As they have requested the amendments, there will be no objections from the court. It will be straightforward.

[nellyj99]

Don't worry about Shoosmiths. Keep on copying out to anyone you want.

 

Don't reissue the claim. Just amend it and in view of the new revelations you may consider increasing the amount you are claiming.

Amending a claim is a fairly routine thing to do.

 

As they have requested the amendments, there will be no objections from the court. It will be straightforward.

 

They can be thanked for something them.

 

With these further findings I'm considering doubling my claim.

 

The response when these findings were put to the defendant was.

 

I await instruction from my client ill be in contact no later than Tuesday. I'll carry on digging until then....

[Ganymede]

What exactly did they say about you amending your claim as you will still have to pay a fee and make and application. If you increase the value of your claim you will also need to pay the balance of the increased issue fee.

 

I'm not sure how you can justify increasing the value of your claim. What new damage have these "revelations" caused you?

[nellyj99]

All been quiet on this.

 

NatWest gone quiet.

 

Until today a letter from natwest with a new complaint reference number

 

"Thank you for contacting us about your complaint.

 

I am sorry to hear you are unhappy with our service. We have recorded your complaint and our investigation are ongoing. We will be in touch with you with you within the next four weeks to update you on the progress we've made so far if we have not been able to resolve your complaint"

 

Signed off by

 

Personal collections complaint team

[BankFodder]

They are idiots. I suppose that this must be in response to your Computer Misuse complaint.