Mislead

Richg

My mum recently remortgaged her home as she was struggling with her credit card payments and was living in a large over draft.
She believes the mortgage adviser/personal banker told her that her cards will be paid off and canceled and her overdraft was going to be reduced.
She went to the bank to draw money out (part of her overdraft), but the machine wouldn't allow this, She then arranged to see someone at the bank to ask why shy couldn't get any money out of her account. She was told that she doesn't have a overdraft anymore.
She feels she was mislead by the adviser but they are saying that he wouldn't of said that, they then got several people in the room all to back the adviser up. (she doesn't get paid til the end of the month and knew this would have left her with nothing to live on)
These interviews/appointments are filmed probably with sound, so my questions:
1. does she have a right to ask for a copy of this?
2. if she has been mislead, where does she stand?
i am really annoyed at this as i feel she has been tricked and then bullied. i feel they will say what they like just to get a sales bonus!!!:mad:
Thanks in advance of any advice.
Rich

dunstonh

1. does she have a right to ask for a copy of this?

No.

2. if she has been mislead, where does she stand?

If it was debt consolidation that it is quite reasonable for the bank to cancel the overdraft in an attempt to prevent the all too common credit cycle (get into debt, move it on to mortgage and then get into debt again).

i feel they will say what they like just to get a sales bonus!!

On a mortgage?

If the mortgage was sold under advice then there should be a written record of the recommendations and reasons why. Especially with debt consolidation. That is the key document that would be considered in the event of a complaint as its hard evidence. Verbal evidence doesnt really hold up much against the documented evidence as anyone can claim anything was said.

poppy10_2

Richg wrote: »

1. does she have a right to ask for a copy of this?

Yes, under the Data Protection Act she is entitled to a copy of the footage. A fee of up to £10 may be made for this.

Having said that, it sounds like the bank has done your mum a favour. She got into trouble with credit card debts, consolidated her loans by remortgaging, and then went straight out and tried to take out more debt by eating into an overdraft. She needs to get her spending habits under control, and stop spending other people's money.

Mrs_Bumble

Did your mum remortgage from somewhere else to this bank?
If she did then the solicitor acting would have repaid her existing mortgage and then forwarded a cheque for the excess monies to her on completion to repay the unsecured debt, because unless there is a stipulation in the mortgage offer for the solicitor to settle the other debt that it is left to the borrower to repay their own debt.

I don't doubt that the adviser told her that she would be in a better financial position if she repaid her credit cards and overdraft but unless the credit cards are actually held with the bank then he wouldn't have been able to access them.

They wouldn't have just cancelled the overdraft they would have written to her to tell her that they were withdrawing the facility.

She must have had bank statements since the remortgage went through and must have seen that she was still in her overdraft.

Have you checked her credit card statements to see if she was still spending on them?

I agree with the comments above and think that your mum needs to get her spending under control and if I was you I would be scratching the surface a little bit more to make sure of exactly what is going on.

dunstonh

Yes, under the Data Protection Act she is entitled to a copy of the footage. A fee of up to £10 may be made for this.

Are you sure? When I worked in a bank the video's were only supplied to the police. They were also on a cycle where the video was overwritten after about a month There was no audio on them (you have to tell someone when they are being recorded). I doubt therefore the video is classed as relevant data under a subject access request.

Wutang_2

Richg wrote: »

My mum recently remortgaged her home as she was struggling with her credit card payments and was living in a large over draft.........
She went to the bank to draw money out (part of her overdraft), but the machine wouldn't allow this

So she wanted to pay off the overdraft - and then start using it again? Thats not really the thinking behind debt consolidation!

Conrad

She doesn't really have a case. Responsible lending has lead the Bank to withdraw the overdraft - but Banks cant win. The Daily Mail bangs on about rersponsible lending - well now your Mum has been subjected to resposible lending and you still don't like it!!

poppy10_2

dunstonh wrote: »

Are you sure? When I worked in a bank the video's were only supplied to the police. They were also on a cycle where the video was overwritten after about a month There was no audio on them (you have to tell someone when they are being recorded). I doubt therefore the video is classed as relevant data under a subject access request.

From the Information Commisoner's Office :

Individuals whose images are recorded have a right to view the images of themselves and, unless they agree otherwise, to be provided with a copy of the images. This must be provided within 40 calendar days of receiving a request. You may charge a fee of up to £10 (this is the current statutory maximum set by Parliament).
Those who request access must provide you with details which allow you to identify them as the subject of the images and also to locate the images on your system. You should consider:

• How will the staff involved in operating the CCTV system recognise a subject access request?
• Do you have internal procedures in place for handling subject access requests? This could include keeping a log of the requests received and how they were dealt with, in case you are challenged.

You should decide:

• What details will you need to find the images? Is it made clear whether an individual will need to supply a photograph of themselves or a description of what they were wearing at the time they believe they were caught on the system, to aid identification?
• Is it made clear whether details of the date, time and location are required?
• What fee will you charge for supplying the requested images (up to a maximum of £10) and how should it be paid? Make this clear to people making access requests.
• How will you provide an individual with copies of the images?

If images of third parties are also shown with the images of the person who has made the access request, you must consider whether you need to obscure the images of third parties. If providing these images would involve an unfair intrusion into the privacy of the third party, or cause unwarranted harm or distress, then they should be obscured. In many cases, images can be disclosed as there will not be such intrusion.

Joe_Bloggs

Get all the paperwork relating to your mothers financial situation together. Clearly this will have to be a team effort. See what she has signed up to. Try and understand it. Ask questions when you do not understand. It might be worth checking with the credit reference agencies to see the extent of the debt and if it really was paid off.
J_B.

Wutang_2

I don't think getting an Experian report is necessary - they want to start using their overdraft again and clearly this has been stopped, indicating that it has been paid off (one would assume that so have the cards) with the remortgage. As stated earlier, the mum has been subjected to responsible lending and they are still not happy.