Nationwide accuses us of Letting our Property

Snowy_One

Hi all,
Last week my wife and me received a letter from our mortgage provider Nationwide which accused us of letting our property and threatened to increase our interest rate by 1% if we did not prove we were not letting within the month. The letter provided no evidence of why they thought we were letting the house, we've lived in the property with our kids since we bought it over two years ago, the house has never been let (previous owner lived there since it was built), we're both on the electoral register and so cannot think of any reason that would lead them to believe we’re letting.

Given that we couldn’t think of a reason, and they hadn’t provided one, I phoned them up to discuss and find out what they had found out, my main concern being that someone was fraudulently using our address or that there may be some other security risk they had uncovered. After a long call, they told me that they had contracted a consultant to do audit on their customers and as a result they had sent out similar letters to over 4000 people, many of whom were now phoning in. However, they couldn’t tell me what had led them or the consultant to believe we were letting the property. I therefore raised a complaint with them based on:
1) Accusing us of breaching their terms/conditions without any basis.
2) Threating a significant penalty if we didn’t respond within less than a month.
3) Not providing details they may have uncovered that could indicate fraud or security risks.

We have now sent the evidence off to them to ensure we are not penalised, and today we received a letter in response to our complaint, key points:
“A recent audit has taken place using a third-party company. I cannot provide any further details. We have reason to think you're letting your property. As we haven't given consent to let, we needed to write to you, to understand how the property is being used.”
…
“I can't agree we have made any errors. I understand this may not be the outcome you were hoping for and I hope my findings have explained my decision.”

They also repeat the accusation and threat to impose a penalty if we do not respond.

Anyone else had any experience similar to this? What did you do?
Any thoughts on next steps? E.g.:
- Raise with the Financial Ombudsman
- Request for information they hold about me via the Data Protection Act
- Letter to the Chief Exec.

Thanks.

[Deleted User]

I'd just move on. now you've dealt with it.

Snowy_One

Thanks zx81,
Probably good advice, certainly would save me some time and effort.
However I'm still concerned that they may have some evidence of someone else using our address etc.

[Deleted User]

Maybe a Subject Acess Request would provide more answers? Do the T&C's allow them to give your information to firms without them telling you who they are? I think under GDPR it would be strange for them to not be upfront with where your information is going

davidmcn

Presumably they accept that you have now responded? As above, I would just move on. Nothing unreasonable about them pointing out the consequences if you were letting without consent.

SonOf

Check your credit file to see if there are any items on there regarding recent searches. Do it for both you and your wife.

The electronic ID systems show electoral roll information (along with other things that are available electronically). Its that sort of thing that usually gets used. When we do an electronic ID check it tells us everyone that is registered at that address.

So, are any bills in a maiden name? Are you on the electoral roll at the right address? Have you had any mail recently using a different surname?

Snowy_One

Thanks for all your responses.
I'll take a look over the T&Cs and review GDPR requirements.
We sent the response off today, so will be a while before we get confirmation back.
We are correctly on the electoral roll address, nothing jumping out on credit file, all bills are current and correct, no maiden names etc. used..

Retired_Mortgage_Adviser

In your place I would -

1. SAR them using their right-to-access information form https://www.nationwide.co.uk/about/corporate-information/cookies-and-privacy/your-information-rights. In the details box specify that you want all the information that they hold on you in relation to the letter sent wrongly accusing you of letting without permission.

2. Now that you have got a final response to the complaint, take it to the FOS.

sal_III

Retired_Mortgage_Adviser wrote: »

In your place I would -

1. SAR them using their right-to-access information form https://www.nationwide.co.uk/about/corporate-information/cookies-and-privacy/your-information-rights. In the details box specify that you want all the information that they hold on you in relation to the letter sent wrongly accusing you of letting without permission.

2. Now that you have got a final response to the complaint, take it to the FOS.

Agree with 1.) but not 2.)

The second letter only "doubles down" on the decision to send the first one. It's not a response to the evidence OP provided that he is not letting. Unless I'm missing something. They have also not increased the rate yet. So what do you expect to achieve by going to the FOS?

Rainbowgirl84

I would like to see the exact wording in the Nationwide letter.

getmore4less

Consultant had access to your information probably got paid for every potential renter or had a target.

Subject accees request on who the consultant was and what information they were given without your permission, might as well do one on the consultant.