Bank won't take a report of unexplained debits from my bank account. What can I do?

[Stevlynd]

I am wondering if a commercial loan agreement I have with NatWest is valid

as due to a change in the properties borrowed on it is not for the amount I borrowed.

I would not normally be concerned but they have called in the loan.

I was told it would be renewed at the end of the term but then the banking crisis happened and they changed their minds.

They are also using a cross collaterisation clause on other loans I have with them over a longer term.

They said they would never use this clause as long as I didn't miss any payments which I haven't.

Please note I am not & never have been in arrears.

I have never missed a payment, been late with a payment or been short on a payment.

We have just found out the loan is not covered by the FSA (I know their name has now changed)

but all their email correspondents state they are authorised and regulated by the FSA, is this not fraud?

 

Have seen a solicitor who feels I was miss sold the product but haven't seen him again as I didn't have much faith in him.

I have put in a complaint with the bank & the financial ombudsman both of which are being supported by my MP.

I sent a SARs by recorded delivery on the 11th of March and sent an email on the 5th ofApril to advise them I had I no response.

I attached the original SARs letter& reminded them the clock was ticking.

Please note there is much more to this case, too much to note here.

I am looking for a solicitor who has a proven track record in this area.

I am also prpared to use less conventional methods at this point as I don't have much else to loose.

I have worked very hard for my properties and I just want them back.

Any advice would be greatly appreciated.

Thanks in advance.

 

[Stevlynd]

Don't want to hijack the post but does anyone know if BCOBS would cover a commercial loan which is not coevred by the FSA / FCA?

[BankFodder]

BCOBS only controls behaviour in current accounts for individuals and small businesses.

 

Loan agreements are not subject to BCOBS. They will be subject to COBS which also gives a right of direct legal action

[Stevlynd]

BCOBS only controls behaviour in current accounts for individuals and small businesses.

 

Loan agreements are not subject to BCOBS. They will be subject to COBS which also gives a right of direct legal action

Thanks for that its a great help. Will review the whole of this conversation & am sure will then have a million questions thanks in advance.

[Streetwise]

I am wondering if a commercial loan agreement I have with NatWest is valid as due to a change in the properties borrowed on it is not for the amount I borrowed. I would not normally be concerned but they have called in the loan. I was told it would be renewed at the end of the term but then the banking crisis happened and they changed their minds. They are also using a cross collaterisation clause on other loans I have with them over a longer term. They said they would never use this clause as long as I didn't miss any payments which I haven't. Please note I am not & never have been in arrears. I have never missed a payment, been late with a payment or been short on a payment. We have just found out the loan is not covered by the FSA (I know their name has now changed) but all their email correspondents state they are authorised and regulated by the FSA, is this not fraud?

 

Have seen a solicitor who feels I was miss sold the product but haven't seen him again as I didn't have much faith in him. I have put in a complaint with the bank & the financial ombudsman both of which are being supported by my MP. I sent a SARs by recorded delivery on the 11th of March and sent an email on the 5th ofApril to advise them I had I no response. I attached the original SARs letter& reminded them the clock was ticking. Please note there is much more to this case, too much to note here. I am looking for a solicitor who has a proven track record in this area. I am also prpared to use less conventional methods at this point as I don't have much else to loose. I have worked very hard for my properties and I just want them back.

Any advice would be greatly appreciated.

Thanks in advance.

 

When they return your S.A.R.,and if they have a copy off the loan agreement check it with your agreement very very carefully.

 

When was this commercial loan taken out,what year.

 

In another thread you say they have called in the receivers.How did they manage that did they go through the court.

 

Did you send the S.A.R. request to Joyce Tudor at Gogarburn in Edinburgh.

 

Regards Streetwise.

Edited April 19, 2013 by Streetwise
Wrong name.

[Streetwise]

It might help you to read the thread,

 

RBS becoming inventive with your documents.

[Stevlynd]

When they return your S.A.R.,and if they have a copy off the loan agreement check it with your agreement very very carefully.

 

When was this commercial loan taken out,what year.

 

In another thread you say they have called in the receivers.How did they manage that did they go through the court.

 

Did you send the S.A.R. request to Joyce Tudor at Gogarburn in Edinburgh.

 

Regards Streetwise.

 

I have a copy of the original loan which was emailed to me last year at my request.

It is the same as the one I have, but it has a property on it twice that I did not end up refinancing.

We were going to buy a bungalow with an acre of land & to get it we had to put into the pot

our house in joint names with about £100k equity

a £180,000 shop and flat injoint names (mortgage free) which was

and one of my other half’s properties £100Kequity.

After the deal fell through we were only able to get our house back out and the Bank manager made out he was doing us a massive favour in doing that.

There was never another agreement done but the original has the original properties that we put in

and these 3 properties although the charge was taken off our house.

 

The original loan was taken out in 2007 just before the crash.

Over the next 2 years I took out 4 further loans interest only over 15 years

although they made a mistake with the date on one of them which made it over 1 year

this was never changed either even though I informed them.

The bank manager just said don’t worry about it will just roll over and be renewed.

There was a clause in the contract which said they could take the properties back which I did question in a 2 hour session

going through the contract, before signing, along with a million other questions but I was reassured all the way

that as long as I paid I had nothing to worry about.

I had also done a business plan with the bank manager as I had never done one before and it was a 20 year plan.

The first 10 - years I would buy as many properties as I could, interest only,

and the second 10 years as rents rose, to pay them off as quickly as possible,

so they were fully aware it was a20 year plan.

I had given up my nursing career to support my other half’s business and the income from the properties

was to be my pension as my otherhalf had a pension sorted.

The original SAR request was sent by post to The Data Protection officer at their head office in Edinburgh.

The subsequent emails were to anyone I could find at NatWest,

including Steven Hester, Joyce and my bank manager with large letters requesting

if they are not able to deal with it then they should forward it to the relevant department.

[Streetwise]

you say you have a copy of the original agreement,

is your agreement exactly the same as the copy they sent you,

 

the reason i ask is because you say it has a property on it twice

 

does your agreement have this as well, the copy is it stamped (True original agreement of a certified loan agreement )

 

LOOK at both the loan agreements very carefully even one word out of place will help you check that the bullet points match up,

that the numbers are in the exact position on both agreements.

 

,regards Streetwise.

[tnook]

Interesting I had a small business account with Barclays and was hammered with overdraft fees, can I try to claim these via BCOBS?

[Stevlynd]

I have just received some paperwork from the bank following my SARs request, they did say it would come in cribs and drabs. The copies of the legal charge are not signed by the bank. Does this mean they have no claim on them or is it very wishful thinking on my part?

[Stevlynd]

Have just rung the land registry and they said it only needs to be signed by the borrower.

 

When I then asked surely it needs to be witnessed she wanted to know who I was.

 

I told her I wanted to remain anonymoys for the moment.

 

She then told me the charge needs to be signed by the borrower and witnessed.

 

There are no witness signatures on the copies I have from the bank. Should I do a SARs to the land registry?

[Stevlynd]

Got my SARS request paperwork from nat west, loads missing by the way.

 

Failure to comply fully within the timeframe letter winging its way to them as I type.

 

Please see my other posts which explain why I did the SARS request.

 

Have been going through things and there are 2 payments to a company one last month for £700 and one in jan for £1,500.

 

I have spent over an hour on the phone to nat west 3 different departments customer services, business banking and the fraud department.

 

None of them can gain access to this account.

 

The fraud department are saying I can't report the fraud if they can't access my account.

 

They are also saying they can't confirm this in writing.

 

Have told the lady I have been speaking to she needs to find someone who can write to me.

 

All phone calls recorded even though the one in business banking said I couldn't have my phone on speaker for security reasons.

 

When I told him I was secure in my own home & I had no security concerns.

 

If they come back with a sorry we can't write to you does anyone have any advice on what should I do?

 

Also how do I find out who the payments are to?

[Stevlynd]

Thank you for your reply.

 

I don't have the agreements with me at the moment so not sure if there is a stamp or not, will check later.

 

Does it make a difference if they are commercial loans, do they still need a stamp???

 

The list of properites is stapled to the loan agreement.

 

Am begining to wonder if my copy is the original agreement though as i think i asked for a copy a couple of years ago

but not sure which agreement it was as i took out further loans with them and it could have been one of the others.

 

Sorry am new to all this and although I am reading and watching videoes can't find anything specific to my case.

 

 

Regards

Stevlynd

[Streetwise]

T

Thank you for your reply. I don't have the agreements with me at the moment so not sure if there is a stamp or not, will check later. Does it make a difference if they are commercial loans, do they still need a stamp??? The list of properites is stapled to the loan agreement. Am begining to wonder if my copy is the original agreement though as i think i asked for a copy a couple of years ago but not sure which agreement it was as i took out further loans with them and it could have been one of the others.

Sorry am new to all this and although I am reading and watching videoes can't find anything specific to my case.

Regards

Stevlynd

 

The list of properties are just stapled to the agreement,

 

I asked about the stamp as they have been known to stamp the agreements to make you think its original.

[Stevlynd]

T The list of properties are just stapled to the agreement,I asked about the stamp as they have been known to stamp the agreements to make you think its original.

Each loan agreement has a list of properties stapled to it i.e. the previous properties. When I bought a new one that. Was then added to the list. None of the loan agreements have a stamp.

[ericsbrother]

Where is your branch located?

does it have a business manager there all the time or just an occasional one.

If the former, then I would drop in and demand to see the business manager and take copies of your correspondence with you.

 

Tell the manager that you want the disputed monies returned to your account until the problem is resolved.

 

This is a requiremnt of the banking code that they are all signed up to.

if the manager refuses then you will have to take the matter to the ombudsman.

This will take a while but you will be awarded suitable compensation and the bank will be publicly admonished so they like to sort it out with you.

 

Had fraudulent DD placed on a Barclays account and they said they could do nothing.

 

I gave them a police crime number and told them I was going to the ICO and banking ombudsman

and they siad they would refund all of the missing money as long as I indemnified them againt any legal challenge.

 

Well, a crook is not likely to risk damaging a possible nice little earner elsewhere so i am happy with that.

 

You may ahve to do the same if the sums are disputed or the result of sharp practice by some of these dodgy companies that seem to misuse B2B supposed verbal contracts.

[dx100uk]

4 threads related to broadly the same account merged.

 

please keep to one thread

 

dx

[dx100uk]

do a chargeback

 

dx

[Stevlynd]

Hi thanks for that

 

but have since traced the payments myself googling the company.

 

Have managed to get copies of the invoices emailed to me,

no breakdown of what anything is for.

 

It seems it is a solicitor acting on behalf of NatWest/RBS & I get to foot the bill, see my other posts.

 

Not sure how I account for it though as its a bill to NatWest not me. Also, wonder if NatWest will claim the vat back.

[BRIGADIER2JCS]

This is more than a little strange imo, I would suggest a formal complaint to the Director of retail Banking, the bank cannot I think just debit their legal costs to your account based on an invoice in the banks name.

[dx100uk]

so they have had you in court then?

 

dx

[Stevlynd]

This is more than a little strange imo, I would suggest a formal complaint to the Director of retail Banking, the bank cannot I think just debit their legal costs to your account based on an invoice in the banks name.

 

Hi thankyou for your reply. sorry but I didnt get notifications of your reply & couldn't find the post.

 

In the end I just hit everyone at the bank with an email & yesterday got a letter from Stephen Hesters office to say they are looking into my complaint.

 

Please see my other threads.

 

There is a telephone number so will ring them later.

 

I think from reading the contract they can do pretty much anything they like.

[Stevlynd]

Hi thank you for your reply sorry but I didnt get notifications of your reply & couldn't find the post.

It would seem from the contract that they don't have to take me to court.

[citizenB]

Steve, would you like me to merge both your threads in order that people have the full story as to how you got to this point ?

[BRIGADIER2JCS]

Steve, would you like me to merge both your threads in order that people have the full story as to how you got to this point ?

 

I think that would be most helpful CB.