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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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Hi I have a complaint against RBS where by i have asked

Resolved Question:

Hi
I have a complaint against RBS where by i have asked for information of my old company
that i owned for information to be released. The company went into administration and ceased to trade the company was limited and does not fall under Data Protection so RBS are refusing to release documents.
Can i challenge this in court to get access to these documents?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you.
What information are you asking for?

Alex J. :

Has an administrator been appointed?

Customer:

Hi

Customer:

This happened at the end 0f 2009

Customer:

At the time RBS wrote of £100'000 i have asked for the minutes of why they came to that decision

Customer:

Currently they are chasing a final amount owed under a PG for £30k

Customer:

I have asked for the notes as they wrote of £100'000 why can they use the same rational

Customer:

hence asking for all paperwork which they are now refusing to do, as i know and i am sure they do as well that once i have the notes it will prove accountability

Customer:

The question really is can i force the paperwork to be released if i go through a court of law?

Alex J. :

Hi, Thank you. The paper work will have to be disclosed if they want to sue you under the Guarantee.

Alex J. :

Have you made a Subject Access Request to RBS?

Customer:

Ahh and no i have not use that termanology would that help

Customer:

It is Natwest who are pursingn me who are owned by RBS and were involved with the PG's

Customer:

Would if Natwest wanted to pursue this and my defence was RBS writing £100k why can't Natwest use the same rational to write of the remaining 30k?

Alex J. :

Hi, Thank you. https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/subject-access-request/

Alex J. :

If you make a subject access request - they will be obliged to disclose any personal data they have on you

Alex J. :

that would have to include any information on the PG

Alex J. :

which is a start.

Alex J. :

They wrote off the original company debt because it went into administration

Alex J. :

What may be worthwhile doing is asking the administrator for the file in case they have it.

Alex J. :

If RBS continue to give you the information you need the next step will be to obtain the information if they issue proceedings.

Alex J. :

Have they made a demand under the PG yet?

Customer:

Hi Alex sorry i have just come back from lunch yes i spoke to the administrators who no longer hold anything due to the timescales

Customer:

They have asked for payment but i have refused as yet due to being bale to prove incompetence hence the documents i need releasing

Customer:

They have said that as the documents are in company name they cannot release anything even though i was the director

Customer:

are you saying i can ask under data protection for nay documents in my name?

Alex J. :

Hi, Thank you. The subject access request will force them to release any files that contains personal information about you.

Alex J. :

This may or may not include details of the company information, especially if it is tied to the PG.

Alex J. :

What I cannot understand is if they have written off the debt to which the PG relates, how are they making any claim against you.

Alex J. :

If the administrator is friendly to you, why dont you ask the administrator to make this request?

Customer:

Hi Alex the £100'000 was for RBS Factoring facility that we had that was written of, the £30k is for a loan that the company had that was structured by RBS and Natwest and has a PG attahced

Customer:

Both are linked, all very boring really but i want to prove incompetence thats why RBS wrote of the £100,000 but now i want the remaining £30k to be written of using the same reasoning that RBS used

Customer:

hence releasing paperwork

Customer:

Can i say Alex this is great facility i will be signing up fully for this service once we close our conversation

Alex J. :

Hi,Thank you very. Can you give me any back ground information on why they wrote off the original loan?

Alex J. :

If it were me I would be challanging the PG on the following grounds:

Alex J. :

1. Check whether the bank made you obtain independent advice;

Customer:

Hi Alex, thats the million dollar question

Alex J. :

2. Whether the PG was properly executed as deed or contained any valid consideration.

Alex J. :

If this all happened in 2009 - it could be argued that they are statute barred from even bringing the claim due to the amount of time based.

Customer:

When i had a meeting i was told that RBS would come after me rather aggresivley, when i pointed out that no mistake had been made by me or my company thats when i was told that commercially it would cost to much to challenge and as a good will gesture they would write the debt of

Customer:

Just to put a little more meet on the bone i have a factoring facility that was put in place by RBS to finance an order value of £340k

Customer:

I had what the call toxic debt protection what now transpires is that i did not hence my old company going into administration

Customer:

Thats why when i challanged this initally they used a good will gesture rather than (Actually we made a mistake and now were liable for £100'000 and possibly much more)

Customer:

Hence proving why they wrote of this debt is critical to my challange, i feel that RBS and Natwest and excuse the termanology hope i don't have the balls to go through with legal action

Customer:

I have and i have the money to do so now

Alex J. :

Hi, Thank you.

Alex J. :

They may just be pursuing you, because they think you have money. If you refuse to pay the PG then they will be left having to prove its enforceability, which would involve a court case anyway.

Alex J. :

Accordingly they would have to disclose all the information you require.

Alex J. :

Do you have a copy of the PG? Is signed as a deed?

Customer:

Let me check on the paperwork

Customer:

Yes i have copies and signed as a Deed

Alex J. :

Hi,

Alex J. :

Thank you. Then you need to consider 1. Did they ask you to obtain independent advice; 2.

Alex J. :

Is there even still a valid underlying debt

Alex J. :

3. Should the bank write it off as you have suggested in line with their policy.

Customer:

Hi yes they did ask if we wanted to obtain advise but at the time we did not thinking that the bank was looking after out best interests

Customer:

Yes the was a debt attached to this which was more than the 30k

Customer:

i can ask about there policy

Alex J. :

Hi Thank you. If the bank actively discouraged you from obtaining advice then that could help undermine the guarantee.

Alex J. :

For the time being, if they have not issued proceedings, then all you can do is make the Subject Access Request and demand information relating to their demand, if they have not provided evidence that the PG is enforceable.

Alex J. :

I would also try and make an offer to settle on a "without prejudice" basis.

Customer:

Alex many thanks i have a lot to be getting on with

Customer:

could that be reduce by a lot

Customer:

so from 30k down to 5k?

Alex J. :

Simply because paying out £10k to settle would be far more worth while than spending the time and money on defending a court claim

Alex J. :

I am not sure you will get it reduced to £5k, but I am certain the bank will try and settle if they have waited this long to enforce.

Customer:

Ahh thats interesting i will take all the advise you have given and start the process

Customer:

Alex thanks for this very much appreciated

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