OK BD, many thanks for your help

OK BD, many thanks for your help

Bump

Hi Dave. Can you clarify where you are with this and what advice you're looking for please.

Hi Caro, i have had the SAR request Data back. It includes most everything i was expecting back

The advice im after is where to go with this next.

Do i hang up the gloves,

admit the debt and see if they can offer me a reduced final payment

...or do i use the CML policy approach etc etc???

Let me get this straight. You have a CCJ against you which hasn't been paid for 2 years, but its over 6 years old. Who has now put a default on your CRA file?

Well, at first i thought it was a CCj but it has been a default for the Last 6 years, NOT a CCJ. On the 6 year anniversary in June, the record disappeared off my CRA file for about a month then re-appeared again as default and saying 6 payments late.

Its the Natwest who have registered the record, the account is currently with there solicsitors

Have they tried to chase you in the last 6 years?

the first few years i had letters which i ignored (none of them required a signature), but i haven't heard anything for about 2 years...and i have been on the electoral role in all my houses over them years

Did you acknowledge the debt at all in the last 6 years?

right so...

you now say there never was a CCJ

but this was infact a default?

this default reached its 6th birthday

the account vanished from the cra file

but

its now returned?

dx

Did you acknowledge the debt at all in the last 6 years?

Nope, i NEVER at any point acknowledged the debt either by making any kind of payment or replying to any of the letters that where sent

No, i thought (Assumed) it was a CCJ but it was in fact a Default on my CRA File.

Yes, on the 6th anniversary it vanished from my experian CRA file, then a month later it re-appeared and now saying 6 payments late

How do you know that the account is with their solicitors?

Have they begun court action against you?

No, i called the natwest a few months ago to see who had the debt. At the time i was unsure if the debt was still with the Natwest or if they had sold it on?

thread retitled and moved to the NatWest forum

dx

Well, at first i thought it was a CCj but it has been a default for the Last 6 years, NOT a CCJ. On the 6 year anniversary in June, the record disappeared off my CRA file for about a month then re-appeared again as default and saying 6 payments late.

 

Its the Natwest who have registered the record, the account is currently with there solicsitors

If they have registered it then its still with them...write to the ICO and inform them they are reporting false DATA and also inform the CRAs of the incorrect DATA.

Regards

Andy

This is where i want clarity. The monies owed to the Natwest is for CAPITAL on a mortgage shortfall, and they have 12 years to claim this back before the shortfall is statue Bared?

So based on this, are or aren't Natwest entitled to continue pursuing this debt until the 12 year anniversary? Or, due to the fact the record disappeared off my CRA file for a month or so in June mean that what yhey are doing now in unlawful?

Yes they can pursue for 12 yrs but can only report for 6.

Really? hmmmm

Are there any trmplates on here i can use to send to ICO about this?

bump

Are there any trmplates on here i can use to send to ICO about this?

No just write a letter in your own words or go to the ICO webpage and submit a complaint.

Ok, Many thanks Andy

Tried to submit a complaint on the ICO website, but it advised to contact the lender to give them a chance to rectify the issue

I have sent a letter of complaint to the Natwest asking them to remove the entry from my CRA file, recorded delivery. Just see what they say now

Hi all, im hoping someone maybe able to help here?

I Currently have a mortgage shortfall registered against my credit file, which has been live since 2006 when my house was re-possessed that i had with my x-wife (Long story!)

I SAR'd the Nat-west (Mortgage Lender) in 2013, and used all the templates off here and got advice off here also about this process.

They took it upon themselves to not only send me the information i requested as part of the SAR request, but they also registered the £10 SAR request fee as a payment against the account, which in turn started the 12 year 'ticker' again as it is a mortgage shortfall!

I did raise a formal complaint to the FSA, but they rejected the complaint.

i have recently Made and had accepted a full and final settlement offer which i have now paid off (6.5K of a 14.5K mortgage shortfall).

Now this is where im confused.

The Natwest have never recorded the account as defaulted, but has always shown on my credit file (Experian, Equifax) as a late payment, which they are quite entitled to do (apparently?)

From what i understand, if the account was recorded as a default, the default will fall off my record after either 6 years from when the account was first registered as faulted, or from when the payment was made, whichever was earlier (until this time, the debt is registered as partially settled which i also understand).

In my case it would be May 2019.

As my account has been registered as a late payment, do the same rules apply as it has been recorded as a late payment?

Im hoping so as i have aspirations of getting a mortgage next year. All my other credit accounts are all up-to-date

Any help or advice on this matter would be much appreciated

thread merged for history..

for the sake of new readers

sadly you NEED to read from post 1!!

there are important details you need to know about.

dx

now go back and complain to whom you were told to complain too in post 116.

dx

Hi all, im hoping someone maybe able to help here?

I Currently have a mortgage shortfall registered against my credit file, which has been live since 2006 when my house was re-possessed that i had with my x-wife (Long story!)

I SAR'd the Nat-west (mortgage Lender) in 2013, and used all the templates off here and got advice off here also about this process.

They took it upon themselves to not only send me the information i requested as part of the SAR request, but they also registered the £10 SAR request fee as a payment against the account, which in turn started the 12 year 'ticker' again as it is a mortgage shortfall!

I did raise a formal complaint to the FSA, but they rejected the complaint.

i have recently Made and had accepted a Full and finalicon settlement offer which i have now paid off (6.5K of a 14.5K mortgage shortfall).

Now this is where im confused.

The Natwest have never recorded the account as defaulted, but has always shown on my credit file (Experian, Equifax) as a late payment, which they are quite entitled to do (apparently?)

From what i understand, if the account was recorded as a default, the default will fall off my record after either 6 yearsicon from when the account was first registered as faulted, or from when the payment was made, whichever was earlier (until this time, the debt is registered as partially settled which i also understand).

In my case it would be May 2019.

As my account has been registered as a late payment, do the same rules apply as it has been recorded as a late payment?

Im hoping so as i have aspirations of getting a mortgage next year. All my other credit accounts are all up-to-date

Any help or advice on this matter would be much appreciated