Hi

I'm new on here but have been reading a lot of info on this forum, which i found very useful.

Just woundered if someone can give me a bit of advice on this matter.

I've had a default notice on my NatWest Credit card,

the trouble is they've defaulted me twice for the same card.

Once on the 2nd July 2008 and once on the 9th September 2008.

Can they default you twice for the same dept.

Gaz

You should only be defaulted once on a debt.

What have they entered on your credit file?

Do you know if the notices were properly laid out?

Hi Hopeful1

Thankyou for responding to my thread.

Yes, its the same account i've not got a copy of my credit report as of yet. As i'm waiting for all the other companies to do the same.

Here's the account i'm talking about with out my personal details.

Gaz

Did they send the default notices as well or was it just the letters?

Did you make a payment within 17 days after the first one (and the second one)?

Have you had a look at your credit file?

Umm, that doesnt look like a proper default notice. I will try and find a link for you.

Hi 2Grumpy

No i've not made a payment and these are the only letters that was sent to me by Natwest at the moment.

I have written to the explaining that i'm on benefits and also a full time carer and would the accept a token payment.

But like all credit card companies the letters fall on deaf ears.

Gaz

Gazza, click on the following link. If it doesnt take you direct to the correct post it is number 8. This will tell you EXACTLY what should be in a default notice for it to be valid. It looks to me as though yours isnt .

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html#post1048134

Hi Citizen

Thanks for getting back to be much appreciated.

I've not sent for a copy of my credit records as of yet, i'm waiting to see what the other Credit card companies do to me.

But i did CCA all the companies last week, just waiting for them to get back to me, if ever they do.

Gaz

When (if) you get a reply to your CCA requests, then remove any identifying information and post them on your thread so people can have a looksee and advise you further.

Those letters say "we enclose a default notice ..." and at the bottom "Enc. Default Notice", so this is not a default notice, and the default notices weren't enclosed!!!!

It might be worth while attaching a note (for yourself) to these letters that there was nothing sent with them. That might be useful later - if they register defaults or take action that is dependent on defaults being issued.

NatWest aren't very good at accepting payment proposals in writing. They would much prefer you to phone so that they can bully you. If they do accept your proposals then they will probably farm out the collections to someone like intrum justicia. They are allegedly paid by the number of phone calls that they make - so get ready with the telephone harassment letter.

Cheers Citizen will do.

I've also go a credit card company which has put there APR rate up from 15.9% to 34.9%

Gaz

Apart from anything else, default notices must be for the correct amount - that can't include unlawful penalty charges - if you are late paying then there are bound to be some of those, and probably multiple default charges when there has only been 1 default, so if they had remembered to include the default notices, they would probably have been invalid.

Remember that you can challenge and claim back any unlawful charges in the same way that you can with bank charges ...

Hi 2Grumpy

 

No i've not made a payment and these are the only letters that was sent to me by NatWest at the moment.

I have written to the explaining that i'm on benefits and also a full time carer and would the accept a token payment.

But like all credit card companies the letters fall on deaf ears.

 

Gaz

The following link contains a budget planner and template letters for most circumstances. I think possibly letter C adapted to suit your needs would be the right one for you.

Perhaps wait until you get your CCA responses back so that we can see if they are correct with all the Ts crossed and the Is dotted and we can take it from there.

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

Hi Grumpy

Cheers for the info, the harassment letter i've already used on another Credit card company (Barclaycard) well mercers i sent it to as they work for them. Also the Dept collecting company who showed up on my door.

Gaz

 

I've also go a credit card company which has put there APR rate up from 15.9% to 34.9%

Ouch

If that was as a result of the other company seeing defaults registered by NatWest on your credit record, since the default recording would be invalid (because a default notice was not issued), then maybe you could sue NatWest and/or the CRA for libel and claim the costs that you have incurred due to the higher interest rate - or at least threaten to.

Consumer Credit law is to protect the public from rogue creditors not following the rules

Hi Citizen

Ok i'll wait until i hear from them with the CCA but not giving much hope as to what i've read on this forum, but i did send each company a £1 token payment last week.

Gaz

Hi Citizen & 2Grumpy

Just to confirm that the two pieces of natwest paperwork i posted was the only paperwork i received from them.

Gaz

Those letters say "we enclose a default notice ..." and at the bottom "Enc. Default Notice", so this is not a default notice, and the default notices weren't enclosed!!!!

 

It might be worth while attaching a note (for yourself) to these letters that there was nothing sent with them. That might be useful later - if they register defaults or take action that is dependent on defaults being issued.

Hi Citizen & 2Grumpy

 

Just to confirm that the two pieces of NatWest paperwork i posted was the only paperwork i received from them.

 

Gaz

That's good news, because as grumpy has said and I pointed out earlier..those letters in themselves are NOT valid default notices I did however miss the bit at the bottom where it said they were enclosed.

Hi Citizen

There was another piece of paperwork about the Default Notice just came acrossed it.

Here are the two default notices that was served by Nat West for the same account.

Are these for real.

Gaz

Hmmm, it is my understanding that some of that capitalised text should be underlined. So it is quite possible they could be challenged. Can you remember exactly when you received them? Say for example, the letter was dated on the 10th of June and you didnt receive it until the 27th then you wouldnt have had the time to remedy anyway!

In future, keep all envelopes that any creditor/DCA letter arrives in. Also, write the date that you actually received the letter on it somewhere.

Do you know if the sums stated are in fact correct. Are there any penalty charges added in the figure ?. If you still have one, have a look at the last statement you had whilst you were still paying the correct sum each month.

I hope someone with more knowledge of default notices looks in on your thread.

Hi Citizen

I think the Sums are correct, but next month i'll be getting extra charges as they've put my avalable credit down from £9800 to £4050.

As you can see it will from the paperwork i put on this thread it will go over.

But the funny thing is that there not charging me the £12 late fees.

They charged me in April-May's statement but the last two statements they've not added the £12 just the normal interest to the account.

Gaz

Unfortunately, a lot of creditors are reducing the credit limit whilst people are in default. Nasty little trick methinks. At least they arent adding any penalty charges which I suppose is one good thing. Keep an eye on the statements though just in case they do decide to slip some in.

Hi Citizen

Yes, this is the only on who's doing this at the moment.

Halifax have brought the limit just under, so are defaulting me twice.

One for late payment and one for going over the limit, which i haven't its only them changing there limit total. I have

Hi CitezenB

Just to let you know that i've not heard anythink from the companies,

Infact its been very quiet lol.

What i have done is CCA all the companies and photocopied the Postal order on the copy of the letter. I've not heard anything back and the 12 + 2 days are up on the 25th Sept.

What i also did which is a bit different was to pay each company a token payment of £1, but i went into the bank and paid this and sent them each a photo copy of the stamped statement with a letter stating it was a token payment.

Know as i've not set up a payment plan up with these companies, I see that if they do not accept this token payment they should return this payment.

Do you see where i'm getting at.

Gaz

Hi Gazza,

Yes a good idea to photocopy the postal order

I see where you are coming from regarding the token payment. CCCS did advise me when I first sent out token payments that the company should return them if they are saying they are unable to accept such. If they dont return them, then according to CCCS and National debtline they are deemed to have accepted your offer. At least you are keeping your options open at the moment.