Jump to content


  • Tweets

  • Posts

    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.   House or Flat? Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Again, points as above. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Redact and scan said evidence up for others to look at? Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. So this is dealt with then. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

NATWEST and DATA PROTECTION ACT COMPLIANCE - READ THIS


BankFodder
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4203 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I understand that the NatWest are routinely refusing to suppy more than 6 years of personal data in response to Data Protection Act disclosure requests.

 

I understand that they are tell at least some people that they do not hold personal data going beck further than 6 years.

 

There is some evidence to suggest that this is not correct and complaints are about to be made to the Information Commissioner.

 

If you have been refused disclosure going back more than 6 years you should consider witing to the Information Commissioner about it.

 

Watch this space as we expect to have more news about this in January.

Link to post
Share on other sites

  • Replies 116
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Bankfodder, I am 100% that NatWest data does go further back than 6 years so if that is what they are saying then it is a lie- and I do not use that word likely. Branches have something called the NatWest Archive a notes system from the old NatWest Bank plc days. It was effectively frozen in time on October 2nd 2002. The old system recorded a note automatically when a DD/cheque/SO was returned or whether it was paid even if it took it over the limit. It contains Marketing notes, complaints and a lot more else besides. All this info is not new info to the forum as I posted it months ago. These notes would go back to 1991.

Link to post
Share on other sites

I successfully requested statements going back further than six years apparantly they are available from the date of "migration" as quoted from manager .Here is the number I rang 0845 711 4477

 

GOOD LUCK

 

Tumble

Link to post
Share on other sites

Migration is October 5th 2002, Loristar where are you when we need some statement info on length of time NW can order statements?

Link to post
Share on other sites

  • 3 weeks later...

Hi Guys

 

I still havent received my charges info. What is the number, or preferably email address of the person who will send them out. I am keen to get started on my claim, but till I have the info, I can't. Want to give Natwest a kick up the backside.

:mad: Fight against Cr*pwest:-o
Link to post
Share on other sites

Hi

I'm having the same problem, after numerous 'phonecalls to them to chase up my statements, they still haven't arrived! The 40 days is up today, does anyone have the template to send them regarding further action? Any help gratefully received.

Lisa

Link to post
Share on other sites

It is so annoying. I went into my bank today to see if I could get statements any other way. I was told it would be £5 a statement and i was looking at £300!!!!!!! Just told me to sit tight and wait for them, but it seems they are breaking the 40 day rule quite often.

:mad: Fight against Cr*pwest:-o
Link to post
Share on other sites

Guest peed orf

I waited approx 50 days for mine! Phone the nice lady [Joyce Tudor] and she'll sort it for you!

After the 40 days, you'll get them nicely jiffy bagged and special delivery!

Link to post
Share on other sites

For a Subject Access Request it is the Goggarburn Address, if you just want statements then the local branch can order them for the princely sum of £5(if they say more then tell them that there charges leaflet says per request).

Link to post
Share on other sites

Hi

 

I have had a look at the charges part of the website, and it says £5 for duplicate records. Would a request for all statements going back to 2002 be regarded as one lot of records, and therefore only £5. I have tried and was told £300 :eek: in total, ie £5 per statement!!!! Can you just phone the bank and request this info, or do you have to go in to a branch. Can they refuse. :???:

 

Lots of questions, greatful for any help.

 

Thanks. x

:mad: Fight against Cr*pwest:-o
Link to post
Share on other sites

Devil- that is nonsense what you were told. Copy statements are £5 per request. So if you wanted back to 2002(I assume that is when the account was opened) then £5. You can phone the branch, walk to a branch send a letter to the branch, your choice but copy statements are £5

Link to post
Share on other sites

hello I'm posting to say my friend has been with Natwest for 17 years and she hasn't recieved 1 statement in all that time!

and they are charging her like £50 a day, as she is in arrears. just can't believe she never recieved 1 statement when she went into the bank they gave her a basic print out for that month

she need's the whole time so we can calculate charges and proceed with claims.

Link to post
Share on other sites

When we moved house, Nat West claimed the reason why we hadn't had bank statements for several months was because we didn't tell them about the change of address. Funny how their marketing department did get the address change as we were still sent credit card and load promotions!

Link to post
Share on other sites

Marketing companies also send out credit card promotions independently of the bank. It is still the case that an address can be changed for a bank account and the credit card address be different.

Link to post
Share on other sites

this will sound harsh but has she only just now decided to query where here statement has been for the last 17 years?

 

Hi ya well I found out that because she got into overdraft she cut up the card and assumed she would recieve statements.

I have advised her that prints of statements will cost £5 only In the long run it will be worth it as her bank needs to be sorted.

It hadn't occured to her she has been having alot of problems facing up to the debt that has been mostly caused by her ex Boyfriend they have a joint loan and she has only just found out one of the other loans HFC hasn't been paid at all and he hasn't been paying her CSA money I am desperately trying to get her sorted so she can move on with her life, Which will mean going to small claims court for a number of reasons and will be a long battle but worth it, we seem to be hitting a brick wall at every turn as she is unsure of the total amount of debts outstanding total she can't give an exact figure and no one will help. I have been swotting up on the 70% wipe for debt and how to go court for charges, already got her to type a letter to creditors to offer token payments but even paying £5 a month she still finds it hard to live also having a 2 year old baby Isn't easy.

thank you for listening sorry I went off topic It is all information though and if anyone can help in anyway we really appreciate it alot!

from clarissa_D

Link to post
Share on other sites

clarissa- we can all help on here and you need to start a thread on the relvant bank thread for example clarissa Vs Natwest and we will all help your friend get the lot back

Link to post
Share on other sites

why not send the bank a SAR she would get all her statements for the last 6 years for £10

My Claims:

 

Isle of Man Bank -

WON £3054.79 (settled at court stage)

 

BarclayCard -

Claiming £701.89 Part 3 letter sent

 

Capital One -

WON £1500 (settled at court stage)

 

CitiCards -

Claiming £1549.41 (at court stage)

Link to post
Share on other sites

why not send the bank a S.A.R - (Subject Access Request) she would get all her statements for the last 6 years for £10

she needs every statement for the last 17 years we need to see how much money they have charged her in total, and £10 i thought it was £5?

thank you for your help

Link to post
Share on other sites

A SAR allows you to get information from the Bank without having to pay the £5 pre statement.

The £10 is what you pay for all the statements it would give you everything they have in there system for you even it you get only six years worth that would have saved you £360.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

My Claims:

 

Isle of Man Bank -

WON £3054.79 (settled at court stage)

 

BarclayCard -

Claiming £701.89 Part 3 letter sent

 

Capital One -

WON £1500 (settled at court stage)

 

CitiCards -

Claiming £1549.41 (at court stage)

Link to post
Share on other sites

John- you are getting confused with charge for statements £5 per request not statement and £10 SAR which means the bank have to provide all info that it holds on you, as an individual, in a relevant filing system

Link to post
Share on other sites

this is from the ICO – Information Commissioner's Office web site

The Data Protection Act covers computer records and some manual records. Most computer records can easily be found about a particular person and should be disclosed removing any third party information. Manual records need to be in a relevant filing system. The files which form part of the relevant filing system are structured or referenced in such a way that information about the applicant can be easily located. Where manual files fall within the definition of a relevant filing system, the content will either be sub-divided, which allows the searcher to go straight to the correct category and retrieve the information requested without a manual search, or will be indexed to allow the searcher to go directly to a relevant page(s).

For example, a set of legal files containing files divided into sections for legal aid, pleadings, orders, correspondence by year, instructions to counsel, counsel's advice, will not be a relevant filing system because the divisions/referencing do not assist a searcher in retrieving the required personal information without the need to leaf through the file contents.

 

therefore if they have got it then they have to give it to you

if not complain to the ICO

My Claims:

 

Isle of Man Bank -

WON £3054.79 (settled at court stage)

 

BarclayCard -

Claiming £701.89 Part 3 letter sent

 

Capital One -

WON £1500 (settled at court stage)

 

CitiCards -

Claiming £1549.41 (at court stage)

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4203 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...