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Hi there, I eventually had all my charges refunded by Natwest but at the time I neglected to ask them to remove the default notice, which was only added due to the penalty charges which I had refunded (and have since paid off the account with). I never received a copy of this default notice and only spotted it when checking my credit file @ Experian.
I've since rang Natwest who say that the payment they made wasn't a refund of the charges as they still consider them lawful and that they won't remove the default notice, they then ended with "if you don't like it, take us to court".
Question is, can I take them to court? What process is involved? (any help is greatly appreciated).
I believe there is a thread on removal of default notices in the legalities section.
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Egg - £400 - Prelim sent. On hold.
Mint - On the list Est £800
GE Capital - On the list (3 accounts!) Est £4000
MBNA - £545 Prelim sent 13/11/2006
LBA sent 1/12/2006
£350 partial payment received 18/12/2006. Full settlement received 20/1/07
NatWest - Est £4000 not incl interest
Data Protection Act Sent 10/1/07
Statements received 24/1/07
Prelim sent 3/2/07 Full Settlement received 22/2/07
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I've had a response from Natwest this morning and they've attached a (and I quote) "Transcript of default notice", which is not actually a transcript of a default notice and doesn't have any details relating to me on it (i.e. no name, no a/c no, no amount defaulted, no date, no signature, nothing).
Do I send them another request for the signed copy of the original and count the time from when the first letter was received towards the 30 days?
Hi, I am in exactly the same position with Natwest. Various letters have gone back and forth, i have requested several times that they provide and true certified copy of the original default notice but just received the same template you did with no details on it. (I got mine through paying nearly £600 in charges the last month my account was open - i only owed £606 and cleared the debt 2 months later!!).
I have this afternoon forwarded all the details to the financial Ombudsman to try and get it removed as under the Consumer Credit Act 1974 they have to provide a copy of the notice - not a blank template.
I have also spoken to various debt helplines, etc to ask advice on this and whether i have grounds to get it removed as they cannot provide any evidence of the document itself and they all seem to think that i do.
Let me know whether you have any luck - i certainly havent!!
Hi, I am in exactly the same position with Natwest. Various letters have gone back and forth, i have requested several times that they provide and true certified copy of the original default notice but just received the same template you did with no details on it. (I got mine through paying nearly £600 in charges the last month my account was open - i only owed £606 and cleared the debt 2 months later!!).
I have this afternoon forwarded all the details to the financial Ombudsman to try and get it removed as under the Consumer Credit Act 1974 they have to provide a copy of the notice - not a blank template.
I have also spoken to various debt helplines, etc to ask advice on this and whether i have grounds to get it removed as they cannot provide any evidence of the document itself and they all seem to think that i do.
Let me know whether you have any luck - i certainly havent!!
Thanks
Olivia
I did get mine removed, it's all a bit vague but I sent them a letter back telling them it wasn't a signed copy of the original default notice and within a few weeks received a letter back saying that they'd removed them, nothing about not being able to find the original copies though. I think it was pure good luck that swang it.
You are so lucky!! They have now sent me a final response letter meaning that they will not budge unless i escalate to a solicitor or financial Ombudsman. I have written back saying that this does not constitute a copy of the original notice supposedly issued. They claim that because the system says the notice was issued on whatever date then it must have been even though they dont have a record of the document itself.
. They claim that because the system says the notice was issued on whatever date then it must have been even though they dont have a record of the document itself.
Will perservere!! There is some hope left yet!!
Olivia
Send them the letter.
And tell them you WILL see them in court.
Good Luck.
.
I Wish you everything you wish yourself.
.
NatWest Claimed £1,639. Accepted £1,344.
Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
Barclays 1 Claimed £1,260. Won by default. Paid in full
Barclays 2 Claimed £2,378. Won by default. Paid in full
Birmingham Midshires. Claimed £2,122. Accepted £2,075.
Default notice help needed :(
but at the time I neglected to ask them to remove the default notice, which was only added due to the penalty charges which I had refunded (and have since paid off the account with). I never received a copy of this default notice and only spotted it when checking my credit file @ Experian.
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Originally Posted by OMJ81
shame you havent got it in writing
