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**caspar** · 7 May 2011, 18:48

Re: Natwest Loan No paperwork

I believe they can default you as the statements prove that you had the loan, though Niddy is the expert on this.

As regards the DPA breach this was a very serious breach and could end up costing you a lot more than £250.00.

Have you pointed out that the Data Controller is personally liable for this breach, as s/he is responsible for ensuring anyone who processes data in any way, shape or form has to be sufficiently trained to do so. If it was me I would be wanting a sum considerably larger than this.

Try asking for the personal details of their Data Controller under the Freedom of Information Act in order that you can take personal court action against him/her and see how they respond.

**Never-In-Doubt** · 7 May 2011, 18:57

Re: Natwest Loan No paperwork

Freedom of Info isn't applicable as it's a bank, not a government dept.

However yes, natwest can (and will) default you as its a true reflection of the account so after McGuffick vs RBS judgment all lenders default you now; so you need to live with that.

As for £250 - no, I'd be seeking a much higher figure, go back with a response along the lines of "I'll accept the £250 plus default removal in full and final settlement; alternatively I feel the consequences of what you've done deserve far greater punishment and so I think an offer of £1000 in full and final settlement is nearer the true mark. Do you have any idea how much this blunder could cost me? I don't think it's a lot to ask, that you remove the default and send me s cheque for £250 to which I'll happily walk away"

That's about the gist of it

**Never-In-Doubt** · 7 May 2011, 19:03

Re: Natwest Loan No paperwork

p.s the FOS has a 6mth + backlog

as does the ICO - who should be your first port of call being this is a breach of data protection. As for FOS - they cannot get involved in ICO matters like that, the default itself is ICO as is the breach of personal information.

You could go to FOS but really you need to consider the ICO - but give natwest 14 days to respond to your letter before any formal complaint.

Best of luck. You'll be fine

**caspar** · 7 May 2011, 19:13

Re: Natwest Loan No paperwork

Major major breaches of Nos 6 & 7 of the eight enforceable Fundamental Principles underpinning the act - that's without even beginning to look at the detail within the act itself.

**Never-In-Doubt** · 7 May 2011, 20:00

Re: Natwest Loan No paperwork

The dpa is linked in our legislation section - in full glory

**batchy_21** · 7 May 2011, 20:00

Re: Natwest Loan No paperwork

Thanks all for your helpful replies.

Part of me thinks that it would be useful for them to have me sign the form on two counts.
1, they would have my signiture and then all of a sudden they would have a signed credit agreement.
2 £250 for them would be a result.

I have in writing from them to say they sent the SAR details and other letters to my old address
i informed them i had moved over a year ago.
Their defence is that every envelope has a return address so if sent to the wrong address it could be returned.
They said they have not receieved any documents back and i need to prove my details have been misused.
I thought they should make resonable attempts to recover the documents (a branch is about 700 yards away)
i thought they could at least send a staff member.

Also i dont have any defaults i am paying the loan back as i need my credit rating.
So should i press them for more money see what the reply is and then go to the ICO or go to the ICO now?
Also if i drum up a letter can i post it on here for your opinons? or is there any template letters somewhere i might find useful

Thanks alot guys

**Never-In-Doubt** · 7 May 2011, 20:02

Re: Natwest Loan No paperwork

You're paying a confirmed unenforceable loan? Lol. I'd create a much more powerful argument based on that as well, especially if you're repaying the loan.

Try loan write off as settled, and no cash sum.... May work better? ie you both walk away now and forget each other, so to speak!

**batchy_21** · 7 May 2011, 20:14

Re: Natwest Loan No paperwork

I know i know uneforcable loan but cant afford to have a default!!!
I have tried previously to say i dont recognise any debt and even offered them 25% full final settlement they refused. Probably as they knew i have always paid and probably would continue too.

I can try it again with the loan as you said but they wont play ball. I will write a letter hopefully tommorow and post it up for everyones opinon. Mind you i have an old loan with them with PPI mis sold so even if one door closes another opens. !!!.

Any more advice i would appreciate though cheers

**Never-In-Doubt** · 7 May 2011, 20:19

Re: Natwest Loan No paperwork

Hmmm best of luck, if you do the main points of a letter I'll add some legislation and relevant threats for you. Basically give them the riot act and relay their options in this.

Their "bullshit" excuse about return address is nonsense; it is THEIR responsibility to ENSURE that they correspond to the CORRECT person @ the correct address. Being you wrote in and asked for s.7 (DPA) then they had to be satisfied that you were who you said you were PRIOR to even cashing your £10 fee.

Basically, they fucked up and they know it. You do have some clout here.....

**batchy_21** · 7 May 2011, 20:22

Re: Natwest Loan No paperwork

Yep great thanks i will write a letter hopefully tommorow and see what you think appreciate your help

**batchy_21** · 8 May 2011, 11:27

Re: Natwest Loan No paperwork

Hi all

Below is the letter to Natwest see what you think any comments and help as always gretaly recieved thanks.

NIDDY if you could put inb some relevant legislation that would be great. Tried myself and couldnt quite see what i needed to put in Cheers

Dear Mr Smith
Thank you for your letter dated the 6th May 2011 the contents have been noted. The Financial Ombudsman has already been contacted regarding points 1, 2, 4 and 5. Regarding points 4 and 5 i will contact the correct channels through Natwest to address the issues raised and will use their correct complaints procedure.

Regarding point 3 i am deeply concerned about this matter. Your organisation has admitted in writing to sending my personal details to an incorrect address. I read your points with interest you are correct that envelopes have a return address, however if a large and trusted organisation like yourselves knew they had made this serious error and breach of legislation shouldn’t you have made steps to recover the documents? As you have stated no documents have been returned. At the very least i would have expected a letter to the occupier asking the documents be returned and considering a Natwest branch is less than 700 yards away sending a staff member shouldn’t have been too difficult.

You also mention that if i can prove that my data has been misused then i should contact the bank. I find this staggering surely it should be down to the organisation before i closed my account to have issued a new account and details. Thanks to the organisations error i am constantly checking my credit file and data to make sure i am not a victim of identity fraud.
Your organisation has seriously breached the Data Protection Act 1998 namely these sections ---------sorry I couldn’t see what I was looking for if you could add some threats and sections of the DPA I would be very grateful------------

Considering the fine and action you could receive £250 is simply not appropriate. Do you know how much this could have cost me? or has cost me in time, worry, stress and anxiety not at least paying to keep a check on my credit file. Considering i have an un-enforceable loan with yourselves and that i could quite easily stop paying this loan whilst i am disputing this i continue to pay as i feel this is the correct and morally the right thing to do.
I feel in order to bring this matter to a close quickly and amicably i feel the compensation i should receive is for my personal loan to be "written off" and for my credit file to state settled in full. If you were to agree with this i would then happily not pursue this matter further through yourselves or a third party. I would also not expect a cash sum.

At this stage i have not contacted the Independent Commissioners Office, however if we cannot resolve this amicably i reserve the right to contact them and other agencies as I see fit I will also look to start legal action regarding the breaches of legislation above.
I feel the bank needs to comment further and I would not expect your last letter to be the banks final response.

I await your reply within 14 days
Yours Faithfully
batchy_21

**Never-In-Doubt** · 8 May 2011, 18:24

Re: Natwest Loan No paperwork

Leave this with me. Need to change quite a few bits and argue more. I'll re-do it for u tomorrow night if you want?

However it'd help if I could see the letter with the points? It'd mean I can put across a better fight for you.... If you're happy with it, please email it me

Also what's the balance of the loan in question, and also we should do the ppi reclaim at the same time so any info on "the other" loan with ppi would be helpful.

It's up to you, the more info you give - the better we can help. However I would need to know basics such as loan start date; original loan amount; current balance; status (upto date/arrears etc) and the term of the loan. Do you have the cca for the loan with the ppi?

Have you closed your account as a result of the sar? I'm confused with your mention of this in the letter?

**Never-In-Doubt** · 8 May 2011, 18:25

Re: Natwest Loan No paperwork

ps it's the information commissioners office.

**batchy_21** · 8 May 2011, 18:50

Re: Natwest Loan No paperwork

Thanks very much NIDDY and for the correct ICO name !! haha i did know that honest.
The letter from them is going over some old ground points 1,2 they didnt comment on. The other points were me challenging the accuracy of the othe loans as i have no CCA's. Which means i have no paperwork or CCA for the loans with the PPI.

My main ongoing loan has no PPI on it. However i know my old loans did. I think i will CCA Nastywest for them and do the PPI separately.

The curent loan was for 18200 taken out in Nov 2006 balance left just over £8000 never missed a payment always paid on time.taken over 7 years.

I am happy to send over the letter though i can do that shortly or tommorow morning.

Anything else you might need.?

One last thing if i decided not to repay the loan as its not enforcable how difficult would it be to obtain credit with defaults on there? i have 8 other financial firms on the credit report all up to date no defaults. Score is 641 if that means anything. Is it a case of depends on the crediter im applying too?

Thanks very much

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