Hi All, new to this and hope you can help and also hope I am in the correct forum?

We have had a mortgage with E-MEX Home Funding for 6 years now, it was originally with Kensington, changed to Rooftop and now is with E-MEX who are owned by Nationwide Building Society at the top of the tree.

We had some financial difficulties several years ago and ran up an arrears balance which we are currently reducing, throughout the process EMEX have been extremely aggressive in their chasing (we currently have a suspended possession order which they have tried to enforce on several occasions unsuccessfully.) During this time they have registered multiple fees & charges totalling in excess of £11k, they have also been taking funds we have paid towards the arrears and applied them to additional interest charges instead of the arrears balances.

As a consequence of their behaviour I finally decided to fight back in July this year, I started by raising a complaint with the Financial Services Ombudsmen, providing our account numbers and all relevant information. EMex eventually replied to this complaint claiming that they could not find our account details so the complaint is currently on hold!

Following this I decided to submit a SAR request directly to EMex (via The Mortgage Works who now administer all Emex accounts as from August this year) with a view to manually digesting the information myself and re-submitting the complaint to the Financial Services Ombudsmen with all the specific details of the mis-charging, mis-appropriation of funds and unfair behaviour with dates/times/amounts. I used one of the approved SAR templates from this site (I have attached a copy of my SAR request for your reference) and enclosed a postal order made payable to The Mortgage Works for the £10 fee, I also did not sign the letter as advised in these forums.

This morning I have received a response to my SAR (copy attached for your reference) dated 1st September 2011 (SAR submitted on 24th August 2011) stating the following:

1. 'Unfortunately we are unable to process your request as we are unable to locate any information on our system. Please advise us of the appropriate account numbers, addresses and dates of birth. Please note we must receive the details in order to proceed with your request.' - These details were provided (with the exception of our dates of birth) in my original request!

2. 'Unfortunately we are unable to process your request as the postal order is incorrect. Please make your cheque/postal order for £10 payable to Nationwide Corporate Account / your name and return in the enclosed pre-paid envelope. Please note the fee must be received before we can release the details.' - The postal order I sent (and was enclosed by Nationwide with this letter) was made payable to 'The Mortgage Works' who I pay my mortgage to on a monthly basis and who I have been advised my Emex to address all correspondence to!

3. 'We also require your original signature in order to process your request please could you fill in the attached form below and send back in the pre-paid envelope enclosed.' - Your forums advise not to send any signed documentation to lenders in case they have lost paperwork and use the signature to duplicate such items.

I am sure this is standard blocking tactics, similar to the ones they have used to try and de-rail the complaint to the Financial Ombudsmen however I would be very grateful is someone out there could advise me how to progress as I am sure what they are asking for is not in order.

Apologies for all the information but I think it is relevant, please ask if you need anymore.

Thanks in anticipation!

GBI

EMex_SAR Request_240811.pdf

Sadly your documents are too tiny to read. You can either..

Use an image hosting company such as photobucket

Or follow dx's instructions below to reupload your images.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

convert the image to pdf format.

 

or ir you have PDF as an installed printer drive use that

open a new msg box here

 

hit go advanced below the msg box

 

hit manage attachments below that box

 

hit the add files button on the top right

 

hit select files, navigate to your file on your pc

 

hit upload files

 

NB:you can set where it goes in the post by hitting insert inline.

 

then hit reply button

It certainly looks as though the company is being obstructive.. Once you have sorted out your images, we can then sort out some advice for you.

Hi citizen B,

Thanks for the response, hopefully you can read my original SAR request letter as that was a PDF. I have re-attached the response from Nationwide as a PDF to this post so hopefully it works.

Thanks

GBI

SAR_Response_InfoNotFound_Nationwide_080911.pdf

Did you provide them with the account numbers in the original request ?

All they should need IMHO is your Name, address, account numbers. I do not believe your DOB is required.

You could, if you wish to avoid giving them your signature, advise that you are prepared to accept delivery to a local branch and will provide evidence of who you are by way of driving licence or passport.

TBH I dont understand this with the postal order... Who did you make it payable to in the first instance ?

Ah, just noticed that you sent the original SAR to EMex.. interesting how it got passed over to the Nationwide ??

So yes, you will need to find the receipt you received when you purchased the original Postal order.. Along with the returned PO, receipt and armed with the letter saying that it needs to be repalced, you can go to the Post office.. get a refund on the Postal order and get a new one made out to Nationwide..

Sheesh.. they dont make it easy do they ??

They can ask for a signature - however I would give them one last chance to comply.

Have a read of these as you might find them of use. - http://www.kent.ac.uk/data-protection/Forms/subject_access_guide.pdf

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf

As for the signature you can sign it as normal and put crosses through it....

Please do keep us posted

Thanks for all the responses, I like the idea of the signature with the cross through it!

The problem is that the mortgage has now been bought/sold and taken over so many times it is difficulty to keep up, the latest outfit (The Morthage Works) who are now responsible for the day to day administration are absolutely terrible and in the rare times when they do respond the information is normally completely inaccurate.

Unfortuantly it look like I will have to jump through their rather annoying hoops and we will see what happens next.

Will keep you informed.

Actually one last question, does the 40 day time limit still apply from the 24th August or will the whole process have to start again despite me submitting the correct info in the first place, including the historic and current account numbers?

Thanks

GBI

 

Actually one last question, does the 40 day time limit still apply from the 24th August or will the whole process have to start again despite me submitting the correct info in the first place, including the historic and current account numbers?

 

Thanks

 

GBI

If you provided them with the correct information in the first instance, then the time runs from the date they received your request. However, I think there was a problem with the postal order wasnt there ? So they might argue that delayed things and start the clock from the time they receive the correct postal order.

One good thing is that it is 40 CALENDAR days

I have the same problem with E-Mex/Nationalwide. I sent them a letter (Template from this site) asking for unfair charges to be refunded. Took the mortgage out 10 years ago (interest only) and have now just sold. a few years into the mortgage i got into difficulties and they served a possession on me which I managed to get suspended. Since then the account has been up to date arrears paid up etc

The charges on the account however, total nearly £5000 all of which consist of DD charges and solicitors fees of £2000. I received a letter from Nationwide saying that they had reviewed these charges and would be refunding £800 to my account. I called them and they try to side track you saying that Emex levied these charges etc but they have made a gesture and think thats fair.

When I challenged them on the £2000 solicitors fees from as they put it third party companies, I was told that I could not see them as this was a transaction between Emex and their own third party solicitors!

One of the issues that created these charges were caused by the fact my wife paid it every month by way of Bank Transfer and although the money hit their account instantly, they said it could take up to 7 days to find its way to our account. Which meant we would be in arrears.

I dont know really where to go with this? any help greatly appreciated

thread is 6yrs old!!

start a new thread

of your OWN

you wont get seen here.

dx

thread closed to stop bumping