Links
Jeff Lampert`s case circulated on the 29th of March 2020
Email sent to the ICO
Chronology
My husband, Godfrey Farmer (GF), set up GoldenBall International (GBIt), incorporated in 1997. It ran points-based ‘rewards’ schemes and travel incentives for companies like Dell Finance, CIT, Dell Europe, Schindler Europe, Lombard etc. GoldenBall Incentives (GBIc) was set up in 2006 to take on the increasing number of point-based rewards schemes and to separate them from the travel part of the business. There was significant intellectual property in the websites of both these companies and in Godfrey’s persona and contacts.
In September 2008, at the height of the financial crash, NatWest (NW) business banking demanded a personal guarantee (PG) from GF. (please refer to “evidence 1” under the link below)
NW demanded retrospective security for the business overdraft including statement of personal assets & taking a charge over our family home. My husband informed NW that I would not agree to the jointly owned family home being taken as security. As it turned out, the PG was not intended to support his business with further lending but to retrospectively appropriate our family home.
The precedent set by Mr Lampert’s case in 1998 (Lloyds v Lampert 25 November 1998 [1999] BCC 507), concerning PGs, allows lenders to make an immediate call on a guarantor’s assets, irrespective of any attempt to recover monies from the borrower. I believe that this decision has smoothed a path for financial entities to target family homes with what they see as an entitlement. Lenders can treat a family home purely as a realisable asset.
In 2007-08, existing financial sector clients of GBIt became difficult in run up to Financial Crisis. NW allowed GBIt to build up £200,000 unsecured overdraft. (evidence 4)
On 17th Oct 2008, GF was called into NW office. RM discussed transferring debt liability to GBIc. NW had prepared (previously unseen) joint personal guarantee which was presented to Godfrey as security for existing business lending. (evidence needed) I was neither contacted nor advised to obtain legal advice by NW. GF struck through place for my signature. RM treated the PG as a gentleman’s agreement. Godfrey was pressed to sign for ‘expediency’ and did not take legal advice.
On 20th Oct 2008, NW bounced direct debit to essential supplier, putting business in further jeopardy. Godfrey complained to RM that Godfrey was coerced into signing and that the agreement had been broken. RM apologised and assured Godfrey that an agreement was in force due to signing but did not inform Godfrey that the PG of 17th Oct 2008 was invalid as confirmed by a letter from Quentin Hayward (NW) in 2013. evidence needed
On 30th October 2008, NW arrived at Godfrey’s office with copy PG documents in Godfrey’s name only, plus bogus minutes of shareholder’s meeting. This document was countersigned by NW RM but was not signed by the company secretary. (NW rules say it must be signed by company secretary.) (evidence 7)
On 20 Dec 2008, Godfrey attempted suicide and was admitted to hospital. From that day was under care of NHS mental health self-harm unit. Notes to his GP were sent by hospital but never arrived.
On 9 April 2009, GBIt was put in voluntary liquidation. GBlc was still operating and liquid. (evidence needed)
In May 2009, GF finally saw GP and accepted medication for mental health problems.
On 13th May 2009, NW called in 2 PGs – one is of £140k (dated 17th Oct 2008) and another one of £9k. GBIc operated until 2010 – no debt I believe. (evidence 11)
On 6/7th June 2009, GF`s 2nd suicide attempt and he was taken to hospital.
On 24 June 2009, NW confirmed they were aware of GF`s mental health issues.
In February 2011, I discovered copy of PG of 17 Oct 2008 in my joint name and complained to NW about it. In June 2011, the bank responded (Russell Wilson`s letter): (evidence 14)
the bank knew of my objection to using our home as security;
the guarantee was disclosed in meeting minutes provided by the bank;
the RM confirms GF’s immediate complaint that he was coerced into signing;
small historic PG claimed in error.
On 28th June 2011, Richard Gare (NW RM) was told not to respond to my queries.
On 10th August 2011, Sandra Gordon`s letter (NW) confirmed that a guarantee was initially sought from me. (evidence 16). She (falsely) quoted figure of 20% shareholding as reason for not proceeding with signature on joint PG. This letter confirmed that NW wanted the PG to ‘proceed as quickly as possible’.
On 1st Sept 2011, Sandra Gordon (NW) confirmed that NW considered jointly (by my husband and me) held assets as security and the marital home was seen as ‘means’ of payment. (evidence 16)
Sandra Gordon claimed:
(falsely) that the resolution was signed by the company secretary;
(falsely) that the bank were not aware that other shareholders objected to the PG, contradicting previous letters.
that the bank considered their action to be in the interests of shareholders (shareholders who were known to have withheld consent).
On 4th Aug 2011, I made a DSAR request for Godfrey personal documents - NW letter of acceptance received.
On 1st Sept 2011, NW said they were unable to locate loan agreement.
In Jan 2012, I was forced (pressured by Ashfords and unsupported by my own solicitors) to sign consent order for sale of my home by Insolvency Practitioners (IP), Mazars.
Patrick Michael Boyden of PricewaterhouseCoopers (PwC) was the first trustee in bankruptcy from Dec 2009 – Dec 2011. PwC sold their personal insolvency business to Mazars in Dec 2011. The trustee was then Guy Hollander of Mazars. My solicitors were Berry and Berry of Tunbridge Wells. Ashfords Law (Bristol) were solicitors to PwC and Mazars.
In Feb 2012, I questioned figures that have been used in court and requested full figures and all details. I discovered that IP (PwC and Mazars) had used PG of 17 Oct 08 in joint names and had not questioned it. My accountant informed me that the purported Resolution was not signed by the company secretary but was countersigned by the NW RM at the same time. (evidence 22)
In April 2012, Mazars requested copy PG of 30 October 09 from NW which took about 3 days to find (!). Mazars refused to accommodate my request to view an original document. To this day I have not seen that document.
In July 2012, the Financial Ombudsman Service (FOS) declared that I was not a customer of the bank and so they could not process my complaint about the PG.
On 23 Nov 2012, NW was unable to respond as they had lost my correspondence.
Quentin Hayward, responsible for taking security in NW Maidstone, confirmed that a PG for £140k put my home at risk. (This is relevant because previous responses from the bank say that they did not have a legal charge and therefore they did not put my home at risk). evidence needed as per point 7
He then said the PG of 17 October was never put into force, which I could contest by the RM’s email to GF a few days afterwards. evidence needed
In March 2013, FOS agreed to look into claim against NW for GF. Godfrey asked Hollander (Mazars) to look into the NW claim. (evidence 28)
In May 2013, Godfrey requested that Hollander looked into the circumstances of the PG and requested consent to take complaint to FOS. Mazars blocked the complaint to FOS about the PG. Whose legal advice did they have? Ashfords and Mazars work for RBS so they were both conflicted.
On 2nd May 2013, Mazars withdrew significant NW PPI claim (I was unaware until 1 July 2019). £5207.69 was the amount admitted by RBS after I chased it recently – RBS kept this money as set-off which they are not entitled to do after being paid out. Mazars actively withdrew this claim in 2013.
On 16th August 2013, Keeble Buckle (Mazars) told GF that he and Hollander would not support any claim to FOS regarding the PG. Godfrey was furious.
On 29th August 2013 I was forced to vacate my family home due to sale.
On 2nd September 2013, the above sale fell through due to IP (Mazars) legal team blunder and the concealment of this error from me. I, now in one-room accommodation, was left to maintain my empty home, paying mortgage, running costs and storage costs.
On 1st October 2013 Godfrey died in France.
In May 2014, my family home, Woodlands, was sold.
On 11th Jan 2017, NW stated that they had no influence over the trustee who was acting on their behalf (this type of claim now not supported by the FCA).
On 24th April 2018, I went to Maidstone NW with copies of GF`s death certificate, will and identification in order to request SAR (my second request). Everything was accepted.
On 13th June 2018, NW was unable to locate any accounts under SAR.
On 20th November 2018 NW advised me, as executor, that there was an account but NW said they had no death certificate and so could not proceed.
On 17th Dec 2018 NW (Debra Coulson) located the above information and apologised.
On 7th March 2019, Umesh Bhalsod`s letter (NW) confirmed that he had located the company details. He confirmed: “as the property was owned jointly, the bank would have required yourself and Mr Farmer to seek independent legal advice through your own solicitor”.
On 1st April 2019, Steven Purchase (NW) confirmed that he would be able to access all historic complaints as long as it had been recorded. On 15th April 2019, he stated that their final response was 22 June 2011 and all paperwork had been destroyed.
On 21st May 2019, NW refused to process SAR and asked for identification information again.
On 20th July 2019, Debra Coulson confirmed that any personal information (SAR) linked to GF would be available under my own name. I authorised NW (Sandra Robertson) to conduct a SAR. On 29th August 2019, NW said they were unable to locate any complaints or telephone calls between 1.7.19 and 30.7.19 under SAR – no other records were provided.
In August 2019, I contacted Thomas Smith at the ICAEW about PPI, insurances and mis-claims as per the figures. The trustee did nothing to advance PPI claims and collect insurances. It took between 4 and 8 years for the trustee to accept and incorporate some of these sums, which were then not distributed to creditors.
48. On 31st January 2020, NW responded: Edwin Ikolo stated the bank had a standard process that involved more than one individual when it comes to processing loan application. He apparently accessed records in order to respond to my complaint.
49. On the 5th February 2020, Edwin Ikolo (NW) confirmed that the PG is linked to my name. During a telephone conversation, he was suddenly unable to access the records to verify information. He suggested that the PG in my name, but without my consent, was fraud. (evidence 47 A & B) Mr Ikolo stated NW procedure was that PG would be taken at point of lending.
Supporting evidence is downloadable from https://drive.google.com/open?id=1yQVRFiWcj-w6-f2485BICIC815iiiWeA