Chalkitup v NatWest and DCA's Re Personal Account Overdraft

[Chalkitup]

Hello All,

 

Advice required again please ..... Sorry for long post but best I give as much info as possible to start with......

 

Starting a separate thread for my dealings regarding National Westminster Personal Bank Account Overdraft

 

Background is:

2006 - Ran into financial difficulties - started Debt Managment Plan with CCCS - Paid monthly way over what I could really afford as was scared by all the threats etc that I received from creditors / DCA's

 

2007 - Found CAG - started CCA requests to a few "difficult" creditors

 

2007 to Feb 2010 - got some creditors removed from my CCCS dmp because they did not comply to CCA requests

 

Feb 2010 - Big bust up with CCCS (separate thread) as they refused to remove creditors from dmp anymore even if they sent nothing in response to CCA request - I went through annual CCCS review and as it happens I did not have enough cash left over each month to pay creditors even £5 each (CCCS told me the minimum they allow) - CCCS stopped my DMP and advised I offer £1 a month to each creditor and see if I can manage on that!!

 

Now dealing with "lots" of original creditors and DCA's with CAG help.

----------------------------------------------------

National Westminster Personal Bank Account Overdraft

 

Been paying this account in my CCCS DMP which finished Feb 2010 ...

 

Natwest have been adding approx £85 interest every month to account since 2006 whilst I have been with CCCS in a DMP and they knew I could only afford £5 a month to pay them!

However I received the compulsary Arrears Notice from them in Feb 09 and have not had one since so that is well over a year ..... I believe they can not add interest if they do not send me an Arrears Notice annually.

 

In 2007 I sent a Subject Access Request to NatWest BishopsGate London for all the info they hold on me regarding two bank accounts and I have correspondence back from Natwest Retail Regulatory Risk dept in Edinburgh confirming they would deal with the request and acknowledging receipt of £10 PO. However although I have sent them many letters since then all I have received (in 2007) are statements for the six years 2001 to 2007 for both accounts .... absolutely nothing else.

 

Moorcroft entered the arena about a month ago and I sent them a complaint letter and added a £1 PO for CCA request. (Yes I know it is an overdraft but I made a point of mentioning the OFT determination re form and content of how an overdraft should be entered).

 

Had Moorcroft reply ..... no longer dealing with account ..... NatWest have asked for it back following my complaint letter and they have passed CCA request to Natwest but enclosed £1 PO back to me as made out to Moorcroft. NO £1 PO WAS ENCLOSED in the letter to me!!!!.

 

Had letter from NatWest which says we are investigating and will write soon.

 

Today had Natwest "Final Response" ...... mind boggling really how Miss XX a Customer Care Team Manager (God help us) from Credit Management Services considers as she puts it in her own words ..... "I do believe your complaint has been fully addressed and you may consider this letter a final response" .............. here are her pearls of wisdom to my main questions in the letter I sent to Moorcroft and which was passed on to Natwest .....

 

No mention whatsoever of the CCA request although it was in bold type at the top of the letter I sent and obviously mentioned in more detail in the actual letter!

 

Regarding the SAR I sent Natwest in 2007 and have acknowledgement letters from the Natwest Regulatory Risk Dept in Edinburgh .....

"I can find no record of any SAR or receipt of the £10 fee which is applicable for the request".

 

Regarding my question as to why account passed to Moorcroft when SAR not complied with .......

"A telephone call was made to you on xx/xx/10 to discuss the repayment of your liability. Records indicate that you were unwilling to answer security questions. Therefore your account was passed to Moorcroft" Oh I see ..... what about the fact I explained I had not had a satisfactory response to my SAR and other points I raised to the very rude young lady who phoned me???

 

Regarding my question about £85 a month interest being added when at the time CCCS worked out I could only afford £5 to pay Natwest account monthly (now CCCS have stopped my DMP as I have no extra cash each month) ....

"Interest is naturally a cost of borrowing and has been applied in accordance with the T&Cs of account. However as a gesture of goodwill the bank will look to suspend interest from today's date. However the concession will be reliant on you maintaining future consecutive payments and periodic reviews. In the event of missed payments we reserve the right to withdraw this interest concession and will require the full amount due including all interest accrued since today's date"

 

And to round it all off .....

"Your file was returned from Moorcroft but I am now arranging for it to be returned back and would ask you to co-operate with them regarding repayment of your libility. I trust this letter has clarified the position"

 

Advice please re next move as Natwest have taken no notice of my follow up SAR letters and as you can see their Customer Care Team even deny I ever sent a SAR and have completely ignored the CCA request.

 

Onwards and Upwards

 

Chalkitup

[MARTIN3030]

How did you pay the £10 fee for the SAR ?

And did you send it recorded del ?

 

Did you send the £1 fee for the CC app and has it been cashed ?

[Bazooka Boo]

Ah yes, Cr@pwest and their 'Helpful Banking', the mind boggles as to where they train their staff....

 

There is very little else you can do regarding Cr@pwest, as their attitude is extremely clear, they thisnk they are in the right, and do not have to answer your complaints. As they have stated they have given you their 'final response'.

 

You need to make a complaint to the FOS about their very questionable working practices and customer service, and as for failing to comply with your SAR, this is a matter for the ICO to investigate, AFAIK when you get the FOS involved in this matter, then Cr@pwest have to suspend all account activity until they get a response from the FOS in how they have been handling your complaint.

[harrassed senior]

Been down this road with you at about the same timescale too. Interestingly, mine was a completely different approach, I ignored everyone and every letter, paid nothing as I could afford nothing, then they started sending demands for a very large sum of money which I did not recognise until I realised they had combined 2 x loans and overdraft to make one account, I did then point out the error of their ways, and have heard nothing for over a year - even my annual statement has never arrived.

 

So, it becomes SB middle of next year (shhhhhh).

[Chalkitup]

Hello and thank you for replies.

 

Martin3030 ..... In 2007 the SAR fee was paid by postal order and I have an acknowledgement letter (dated 2007) from Natwest Retail Regulatory Risk dept in Edinburgh confirming they would deal with the SAR and acknowledging receipt of my £10 PO.

SAR was sent to them by recorded post and I have copy of signature from Royal Mail for reciept of letter. Then when I only received the six years copy statements I sent them a letter (with help from CAG) saying exactly what docs I wanted in response to SAR ....... again sent recorded and I have signature for receipt ...... Natwest never responded or sent me anything else re SAR.

I had lots of letters from Unidebt Collections (their in house DCA) but they never once mentioned my SAR queries plus I had phone calls from Natwest where I am asking questions about the SAR but they were not interested and just threatened to get the bank's solicitors to contact me. ALL RECORDED!!!

Plus I have letters and a recorded phone call from Natwest where they even told me the account in question was a different type of account to the one it actually was. When I tried to help them and tell them what account it actually was they said it could not have been that type and their computer records would not be incorrect!!

 

In 2008 Moorcroft phoned me about the other Natwest bank account overdraft (They have been given both accounts now) and I explained the SAR situation and Moorcroft chap said "I will get the SAR and CCA request (for the other account) sorted out and then you can pay the accounts" ..... nothing was ever sorted!! Phone call recorded!! Have had very little contact from Moorcroft on that account since then.

 

So I have written and recorded proof that since 2007 I have done my best to get a proper response to the SAR I sent Natwest.

 

The CCA request for this bank account I sent to Moorcroft five weeks ago and added a £1 postal order. Moorcroft reply was ..... no longer dealing with account ..... NatWest have asked for it back following my complaint letter and they have passed CCA request to Natwest but enclosed £1 PO back to me as made out to Moorcroft. NO £1 PO WAS ENCLOSED in the letter to me!!!!.

 

And that is where we are now.

 

I guess my next move is (please advise if you think differently):-

 

Regarding SAR ..... as I have tried (and have proof) for three years to get a proper response I now, as Bazooka Boo says, start a complaint to ICO.

 

Regarding CCA request ...... So that I do it correctly ..... I wait for Moorcroft to send another letter (as Natwest say they are sending account back to Moorcroft for collection) then I reply to Moorcroft putting account in dispute because CCA not complied with ...... await their response and then start OFT complaint.

 

OR

 

Do I start the OFT compalint now as the Natwest letter was a final response ?? Although the CCA was never mentioned in their letter?

 

This is getting so complicated! Plus my £1 postal order was never returned to me from Moorcroft!

 

Onwards and Upwards

 

Chalkitup

[Chalkitup]

To rub salt in the wound ..... I have just received in the post out of the blue from Natwest an account transaction list from 2006 to March 2010 ....

They have infact been adding between £85 and £103 a month interest to the account.

 

Forgot to mention .... not sure if it makes any difference but I received termination letter under s76(1) and 98(1) of the CCA 1974 in Feb 2007 from Natwest.

 

 

Chalkitup

Edited July 7, 2010 by Chalkitup

[Bazooka Boo]

I guess my next move is (please advise if you think differently):-

Regarding SAR ..... as I have tried (and have proof) for three years to get a proper response I now, as Bazooka Boo says, start a complaint to ICO.

Yes file a complaint with the ICO regarding their (Cr@pwests) non compliance with the guidelines, IMO I would also inform Cr@pwest of this, in the hope that it might focus their tiny minds somewhat, and yet again get your file recalled from Moorcrap.

 

Regarding CCA request ...... So that I do it correctly ..... I wait for Moorcroft to send another letter (as Natwest say they are sending account back to Moorcroft for collection) then I reply to Moorcroft putting account in dispute because CCA not complied with ...... await their response and then start OFT complaint.

Yes as soon as Moorcrap send you any of their missives file them away under ignore, and send copies to the OFT/TS, the fact that Cr@pwest have given this account to Moorcr@p speaks volumes about it's enforceability, ie, there is none.

 

OR

 

Do I start the OFT compalint now as the Natwest letter was a final response ?? Although the CCA was never mentioned in their letter?

No it is the FOS you should be be complaining to regarding their ridiculous take on this, and report them for all of their failings, the CCA request, the SAR, their use of a very questionable DCA.

 

This is getting so complicated! Plus my £1 postal order was never returned to me from Moorcroft!

I(personally) would be asking them for that back, then as they are most unlikely to respond issue them with a LBA, a £ is a £, except when you get to add charges on top!

 

 

Keep your powder dry, if it's getting complicated for you just think how complicated their threatogramme computers are!

One day at a time, one complaint at a time, and they will all fall down.......eventually..

[citizenB]

Hi CIU, so from 2006 when you first encountered financial problems the bank has been adding interest even though you had been in a DMP with CCCS and paying what you could afford.

 

Am I correct in that you are unable to work and therefore in receipt of benefits, that you have no assets or property ?

 

You have sent a Subject Access Request, you have proof that it was delivered and a signature from the RM website. Natwest have even acknowledge receipt of this by letter.

 

In which case, you shouldnt mess around with this part of your complaint any more. Put your complaint in to the Information Commissioner now. Alternatively, you could start a claim against them through the courts, following the example of Fedupandfightingback who took on LTSB in a similar situation.

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/208966-me-them-sar-non.html

 

As for the rest of the complaint, will the FOS be able to help in respect of the fact that NatWest were aware of your situation, your lack of assets, and the fact that you are in receipt of benefits, yet still continued to increase the debt substantially knowing that others faced with this type of attitude have chosen suicide or bankruptcy as a way out.. therefore the bank getting nothing at all in the end ?

 

Reporting debt collectors to the OFT will only result in the OFT saying that they have registered your complaint and that they are unable to help you as an individual.

 

If the account is in dispute due to lack of paperwork via CCA1974 then that is a valid and genuine dispute and therefore NatWest should not be passing the account to DCAs without first resolving your complaint.

 

I would also say that you have genuine reason to dispute the amounts being pursued in that a good proportion of the debt is charges and interest. Although the charges are no longer reclaimable (at the moment) due to the Supreme court ruling.. there could be hope on the horizon in respect of the case being brought in the Scottish courts.

 

I think this account is in respect of an overdraft isnt it ? It is my understanding that those in financial hardship are still able to make claims for any charges applied to the account. The FOS should be able to advise you on that.

 

Are you still paying a token amount ?

 

Can you work out exactly how much they have applied in charges and interest since you first advised them of your situation ? It could be an interesting exercise:)

 

IMHO, there would be little point in taking you to court.. they are not likely to get any more than you have already offered and it could be even less. Applying for bankruptcy should ensure they get even less than that

 

So, it would seem to me that their only purpose in farming out to DCAs is purely intimadatory, because they well know the tactics the likes of Moorcroft etc get up to. It just puts pressure on the debtor and accomplishes little else.

 

It would appear to me that they have breached just about every OFT debt collection guideline.

[Chalkitup]

Hello citizenB ...... thank you for your posts on my threads ......... regards this thread I have answered your questions below in red .......... going to concentrate next week on sending all the letters off to DCA's OC's FOS ICO for all my accounts so this week is info gathering......

 

Hi CIU, so from 2006 when you first encountered financial problems the bank has been adding interest even though you had been in a DMP with CCCS and paying what you could afford.

Yes that is correct ..... from 2006 to middle 2008 this account was getting approx £38 a month from me ....... then in 2008 CCCS did an annual review and refused to accept more than £5 for each creditor (10 at that point) as my income had reduced so much.

 

Am I correct in that you are unable to work and therefore in receipt of benefits, that you have no assets or property ?

I am self employed but very low income since UK financial problems started so on tax credit and housing benefit. I live in rented property and no personal assets of any value. (Sold a lot off to finance paying CCCS monthly in 2007!!!!!!)

 

You have sent a Subject Access Request, you have proof that it was delivered and a signature from the RM website. Natwest have even acknowledge receipt of this by letter.

Yes to all ..... Natwest Regulatory Risk dept in Edinburgh sent me six years statements in reply to SAR (that is all I got) for the two bank accounts ...... they also acknowledged my £10 postal order!! ..... nothing for the Natwest or RBS credit card accounts but I did not ask for anything for those as at the time I did not realise they could be included in the SAR. *** Just a thought ... can I add them at this late stage?***

 

In which case, you shouldnt mess around with this part of your complaint any more. Put your complaint in to the Information Commissioner now. Alternatively, you could start a claim against them through the courts, following the example of Fedupandfightingback who took on LTSB in a similar situation.

Going to have a good read of that later

 

As for the rest of the complaint, will the FOS be able to help in respect of the fact that NatWest were aware of your situation, your lack of assets, and the fact that you are in receipt of benefits, yet still continued to increase the debt substantially knowing that others faced with this type of attitude have chosen suicide or bankruptcy as a way out.. therefore the bank getting nothing at all in the end ?

CCCS sent them copies of my income / expenditure sheets which showed the benefits etc --- I was paying them via CCCS from 2006 to Feb this year and never heard a word against it yet in their last letter to me this week Natwest lady wrote "You have been paying £5 a month via CCCS however this level of repayment has not been agreed with this department"

 

If the account is in dispute due to lack of paperwork via CCA1974 then that is a valid and genuine dispute and therefore NatWest should not be passing the account to DCAs without first resolving your complaint.

I sent my first letter to Natwest explaining they had not complied properly with SAR in Aug 2007 but that is not CCA 1974 dispute is it? ....... However it will be in dispute now because I have a letter from Moorcroft saying they have returned account to Natwest and passed the CCA request to them ........ followed by a later letter from Natwest totally ignoring the CCA request and saying they are passing the account back to Moorcroft!!

 

I think this account is in respect of an overdraft isnt it ? It is my understanding that those in financial hardship are still able to make claims for any charges applied to the account. The FOS should be able to advise you on that.

Yes overdraft ...... The charges saga follows the same pattern as everything else Natwest have done with this account ..... i.e. I was informed early 2007 that unarranged borrowing charges would be added because I went over the o/d limit (because of the interest being added!!!) but no charges have ever been added!!

 

Are you still paying a token amount ?

Not since CCCS stopped my DMP in Feb 2010 because a review of income / expenditure showed I have no extra money after bills and priority living expenses

 

Can you work out exactly how much they have applied in charges and interest since you first advised them of your situation ? It could be an interesting exercise:)

Charges - none ....... Interest (now taking £90/£100 a month) = £2965 .... in that time I managed to pay them £485 via CCCS

 

It would appear to me that they have breached just about every OFT debt collection guideline.

Yes ....... I have letters and recorded telephone conversations where what they are telling me is totally wrong ...... I have one recorded call where the Natwest chap says I agreed to pay them £95 a month for this account via CCCS and he then said I was not telling the truth when I pointed out that the figure agreed with CCCS was £38 a month ...... needless to say CCCS paperwork from 2007 backs up my figure.

I have a recorded call from 2008 where I am explaining that my SAR has not been complied with and that I have sent recorded delivery letters to Natwest to explain this point and they have been signed for but I never get a reply ...... the Natwest girl answers with "You will have to send us a letter to explain" ....... you could not make this stuff up!!!

 

Onwards and Upwards

 

Chalkitup

[Chalkitup]

Can someone please confirm that what Nat West have put in their recent letter to me is incorrect.

 

Basically I added a CCA request in my last letter ....... I know overdrafts are exempt from part 5 but there is of course the OFT Determination ...... where the bank must inform me of credit limit, annual rate interest, charges, procedure for terminating ....... all of which must be in writing ........ OR so I had always understood.

 

Nat West replied with the following ......... which surely is totally misleading ....

 

"Under s74(1)(b) of the CCA, overdrafts are exempt from part 5 of the CCA which is the part governing the content and format of credit agreements."

 

(OK so far I think .... but then they continue)

 

"This means that for borrowing which is by way of overdraft, no written agreement is required - this fact has been accepted by the Office of Fair Trading and the FSA".

"The authorisation of a debit by a customer and the paying away of money by the bank on their behalf is sufficient contract for the purposes of an overdraft."

 

Onwards and Upwards

 

Chalkitup

[Chalkitup]

The comedy of errors continues ..... you just could not make this sort of thing up ...... the arrogance and sheer stupidity of Nat West bank shines through yet again.....

 

I complained yet again about no response to my SAR that I sent them in 2007 ............ I have just received letter from their Credit Management Services ....

 

They write ....

 

"We are in receipt of your recent written request for your personal data" ....... RECENT .... that was in 2007!!!

 

"We are allowed up to 40 days from receipt of request to produce the information" ..... it has so far been approx 3 years and 3 months.

 

And this sentence I am so looking forward to showing the Information Commissioners Office ........ bearing in mind this is a SAR and they have to send everything ......

"Please be aware that it is not our practise to provide further copies of standard documents that you would have received as part of our normal course of business and this includes copies of statements" ............... which in Nat West talk I deduce to mean ... "Bu**** you matey, we are hardly going to send anything at all and then we are going to say you should have already received everything years ago" ....... how pathetic can this bank be???

 

And then they sort of cover their ar*e a bit by adding "However, if you do want copy statements please advise us and confirm the statement period you wish this to cover"

 

Incredible!! ........ I am going to send the SAR letter to them that I copied a few months ago from this site (I think) that lists everything wanted and includes the kitchen sink and also explains that there is no 6 year cut off period for data request so I want everything from the year dot that they have on me!!!! That should be fun!

 

Onwards and Upwards

 

Chalkitup

[mark13]

Can someone please confirm that what Nat West have put in their recent letter to me is incorrect.

 

Basically I added a CCA request in my last letter ....... I know overdrafts are exempt from part 5 but there is of course the OFT Determination ...... where the bank must inform me of credit limit, annual rate interest, charges, procedure for terminating ....... all of which must be in writing ........ OR so I had always understood.

 

Nat West replied with the following ......... which surely is totally misleading ....

 

"Under s74(1)(b) of the CCA, overdrafts are exempt from part 5 of the CCA which is the part governing the content and format of credit agreements."

 

(OK so far I think .... but then they continue)

 

"This means that for borrowing which is by way of overdraft, no written agreement is required - this fact has been accepted by the Office of Fair Trading and the FSA".

"The authorisation of a debit by a customer and the paying away of money by the bank on their behalf is sufficient contract for the purposes of an overdraft."

 

Onwards and Upwards

 

Chalkitup

 

Chalkitup,

 

I'm in the middle of a similar situation, albeit with Cabot rather than the OC. My understanding is that their response is ,probably, technically accurate. They are not obliged to comply with a CCA request for an overdraft, owing to the section V exemption you refer to. As such no[sINGLE] written agreement is required and they are not obliged to send you, upon request, copies of the relevant bits for the £1 fee. This doesn't, of course, mean they would not need to show that all aspects of the OFT determination had been complied with should they wish to ask a court to enforce any alleged debt. Or that they can get away with ignoring your SAR.

 

As I see it its a bit like a bank being able to satisfy a CCA request with a reconstituted agreement, their response is fine as far as their obligation to provide information goes but what they need to enforce an alleged debt is a whole different ball game.

[Chalkitup]

Hello Mark,

 

Thank you for the info and yes I have since found out that what you say is correct but they are being misleading also.

 

I am so looking forward to see what they actually send me for my SAR ........ after all it has been 3+ years so it surely must be good!!!

 

Onwards and Upwards

 

Chalkitup

[Bill Shidding]

Hi Chalkitup, I have been to court with a nastywest o/d, so I hope this post helps you.

 

Overdrafts are covered by the cca74, except for the signing of agreements.

The bank is still required to supply you with a copy of the agreement/facility letters where the overdraft is "expressly" agreed. ie, has been verbally agreed in branch.

 

You need to read "coutts v sebastyn" to see how coutts' compliance with the cca74, allowed them to win. And how nastywests non-compliance would shoot them in the foot.

 

Where the overdraft is "tacit" ie, has been granted to you, by your request to overdraw without any previous agreement, the bank will have to prove that it sent you details of interest/fees "within" 3 months and five days of the overdraft first occuring.

 

If the bank cannot supply copies of these letters, it cannot enforce in court.

 

As far as interest is concerned, the bank cannot charge interest or enforce the agreement, while/if it is in non-compliance with cca74 (sec. 86D(3)). Do not inform them of their error.

 

Further, it is likely that any interest added may only be simple interest (not compounded, sec 86 F (2). So, their sum owing will be inaccurate.

 

Hope this helps.

 

By the way, when I sar (ed) nastywest, they managed to retrieve statements back to 1993.

 

Bill

Edited August 26, 2010 by Bill Shidding

[Chalkitup]

Wow ... thank you Bill ................... I will have a good read up tomorrow of "coutts v sebastyn".

 

Thanks again for all that info ... excellent.

 

Onwards and Upwards

 

Chalkitup

Edited August 26, 2010 by Chalkitup

[king100]

Bill

 

Not wanting to hijack thread but would I just need to send standard SAR to natwest in regards to overdraft or does the wording need to be changed for it?

[tedney]

I have been to court with a nastywest o/d, so I hope this post helps you.

 

Hello Bill, Did you have a thread on here about your nastywest o/d please? If so, could you post a link, or advise me where to look it up. Thanks (sorry for hijacking too!)

[Bazooka Boo]

If you click on bills name you can scroll down to all the posts he has either made or commented on..

[Bill Shidding]

Hi, sorry, I didn't have a thread on this action. However all the ammunition/information is within the coutts and sebastyn judgment. Only in that action coutts won on showing to the court how/when they had complied with cca74 and the OFT determination.

 

King100, I think its better if you also read the judgment, and include the documents produced by coutts during the proceedings to your own sar, if you want them.

 

Although, I believe that the sar template states " and any other document" this should encompass those particular notices. But it is probably better to state the precise document(s) required.

You can always re-contact the data controller (after the initial sar is complied with) and state "the sar is incomplete because you did not include a/b/c docs" please enclose copies by return etc. However, this could alert them to your knowledge.

 

It is always better to read everything you can find that's relevant to your own case, and then decide for yourself which route to take. After all, you will be the (only) person at a hearing/trial on your side. A trial itself is about persuading a judge to side with you, through legal argument. So you must know your onions beforehand.

 

Bill

[citizenB]

Bill

 

Not wanting to hijack thread but would I just need to send standard SAR to natwest in regards to overdraft or does the wording need to be changed for it?

 

You can send a standard SAR, but adapt it to request those items you believe you require. There is an SAR letter in both the Bank and Debt collection sections of the library. HTH

[citizenB]

Chalk it up, this has gone beyond tolerance. They are obliged to send you copies of the statements and everything else in the SAR. Are you going to cough up another £10.00 for this ?

 

The one you sent in 2007. Do you still have the postal order receipt/ and date of receipt printed off the RM website ?

[king100]

In regards to natwest I just want to find out what apr I am on and what docs associated to my overdraft they have sent me , I don't use this account so not worried if they close it. Will read judgement to see what to ask for. Thanks

[Chalkitup]

[QUOTE=citizenB;3105158]Chalk it up, this has gone beyond tolerance. They are obliged to send you copies of the statements and everything else in the SAR. Are you going to cough up another £10.00 for this ?

 

The one you sent in 2007. Do you still have the postal order receipt/ and date of receipt printed off the RM website ?

 

Hello citizenB,

 

In no way will I be paying another £10. This present comedy of errors by Nat West Credit Management Services Dept is in response to a letter I sent to them saying they will get no further co-operation from me until my SAR from 2007 is sorted.

 

To prove I sent the 2007 SAR I have ..... PO receipt, Royal Mail signature of delivery and even letters from Nat West actually acknowledging receipt of SAR and postal order. Yet only two months ago I received a reply from this Credit Management Serices Dept saying basically that I never sent a SAR to them in 2007 or ever!

 

They have now "sort of" back tracked on that ........... they write "I apologise if you did not receive a full response to your 2007 SAR" ........ makes my blood boil that they add the word "if" in that sentence as if to imply that I am not telling the truth .

 

I think personnally that this Credit Management Dept are trying to fob me off with an account transaction list and nothing else and have not even contacted the Natwest Regulatory Risk dept in Edinburgh that deal with SARs and who, as I said before, in 2007 only sent me account transaction lists for six years in reply to SAR (that is all I got) for the two bank accounts.

 

No point in writing to Natwest Regulatory Risk dept in Edinburgh again as they have ignored my three letters since 2007.

 

So there we are ....... I will write back explaining exactly what I require and when anything turns up I will report it on here ......... I have not yet taken up the excellent advice from Caggers received sometime ago re complaint to ICO because to be honest with each reply from Nat West I get more and more ammo for my complaint!! Plus all the time this goes on I am not paying them anything ...... not that I can anyway!

 

Onwards and Upwards

 

Chalkitup

Edited August 27, 2010 by Chalkitup

[Bazooka Boo]

The ICO will love this, and will hopefully hammer them with a very large fine! You could ring them and advise them so far, and just state that this has been going on for 3 years and yet they still send out ever more incriminating evidence of their failure to run a bank.