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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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NatWest CRA markers***Resolved***


fredsed
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Hi Folks,

 

This is my first post on this site so I apologise if I haven't posted in the right place or if I don't use the correct terminology! I will do my best.

Also I a big thank you for all the great advice!

 

I have two issues I'd like some advice on but I will deal with them separately.

 

1. In January 2013 I received CC papers issued by a solicitor acting on behalf of Nat West Bank claiming I owed a total circa £7000 including legal fees and costs . I had defaulted on a personal loan (£1500 outstanding) and I had become unable to service my overdraft (£5000). After taking advice from National Dept Help line I acknowledged the dept and am now the unhappy owner of a CCJ.

 

The judge ruled that I should repay at a rate of £20 per month based on my income. I am making regular payments. It seems that NW haven't as yet applied for a CO despite the fact they said they we're going to. I was aggrieved at the time of the Judgment because I had been in contact with Nat West as was attempting to reach an agreement with them and had actually offered them slightly more than the Judge agreed. I was waiting for a reply from NW solicitor when the court papers arrived!

 

I had not been advised by NDH to request the CCA or SAR or consider defending part or all of the claim. I am not aware if there were unfair charges applied to both accounts and weather or not those charges have been added to the total owed. Don't even know if there is any PPI!

 

After judgement I receive a letter from NW solicitor stating that I am not within my right to obtain the CCA despite the fact that I never requested it in the first place..most odd!

 

So should I send a SAR request to NW and the Solicitor and should this include a request for all break down of all charges applied to the accounts and the CCA? Will they have to comply with my request or am I waisting my time and should I just continue to pay the CCJ. Not sure where to start with this or if I'm in a position to fight!

 

Thanks.

Edited by Andyorch
Paras added
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Hi Fred and welcome to CAG

 

The fact that they have not executed the CCJ by way of a CO is a plus to you so let it stay that way.

 

With regards to now challenging the judgment...well the judgment replaces the agreement (Personal Loan) so they do not have to comply with a CCA request and you cant CCA the Overdraft anyway ( they are exempt except for PT V)

 

With regards to penalty fees/unfair charges you can still request a DSAR and quantify the figures and should you desire then issue your claim against them...whether it would have any success is another matter.

 

Regards

 

Andy

We could do with some help from you.

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  • 3 years later...

Hi I hope someone on here can help me with this.

 

I have just discovered that three late payment markers have been placed on my credit file in relation to a NAT WEST personal loan that defaulted October 2011 and had disappeared off my credit record.

 

Nat west sought and secured a CCJ in relation to loan in Nov 2012 so why would they put a mark of a late payment on my file now?

 

This is all the info they have placed on my file?

Status In Arrears

Payment Frequency Monthly Current Balance £ 1,810

Start Balance £ 0 Credit Limit £ 0

Default / Delinquent Balance £ 0 Start Date 25/07/2007

Date Updated 19/10/2017 Date Last Delinquent

Date Satisfied Default Date

What can I do about this of anything?

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I’ve just checked the court papers and it states on them that a default notice had been served. I’ve gone through all the paperwork and can find no record either in my files or in the SAR documentation that I received a DN or of one being served! Despite the CCJ I still receive CCA compliance notices in relation to this loan from NatWest... So what the hell is going on!!! Seems they want it both ways. What should I do? Can any one advice me please.

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I have placed a complaint with NatWest we'll see what happens. It's been confirmed by NatWest the account was defaulted in Sep 2011. As it more than 6 years now it should now be removed from my account. Don't understand why it's now saying it's in arrears!...Can any one on here throw some light on this please?

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banks have of recent times done things like this to stretch the SB time beyond the 6 year period by claiming thta the account wasnt defaulted until 5 years after the last payment date etc. It is obvious that they have a financial motive for this but when they have tried their luck with a court claim they have been knocked back ansd their arguments on the default date rejected. I am sorry I cant give you a case to refer to but suggest that you inform the bank that you are aware that the ICO and the courts dont take kindly to this strange interpretation of how to tell the time

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HI,

Can someone please advise me.

 

I had a loan with Nat West that defaulted Sep2011

this dropped off my Noddle CF this year (2017) as expected.

 

To my horror it has re appeared as a 3 late payment marker this month (Oct 2017)

I have contacted NatWest and raised a complaint.

I have it confirmed verbally by Nat West and on my historic credit file that the loan account did default.

 

NatWest took court action and I have a CCJ relating to this loan and I have been paying the amount decided by the court.

 

A couple of years ago I checked my CR to discover that NatWest had been reporting the Loan as 3 month in arrears,

I contacted them and they agreed that the information was incorrect and updated the information to show the account had defaulted on the date above (I had assumed that the account must have been in default or they would't have been able to take court action)

 

I have a copy of my latest (Oct 2017) Noddle, Experian and Equifax and they all show this late payment marker,

however the Experian shows them as late payment stretching back 72 months indicating this information was never corrected.

 

Finally the last four numbers of the account showing on the file are not the the last 4 numbers of the account in question.

 

I spoke to them today and have been told some one will ring me within 48 hours.

You good advice as to what I should do would be much appreciated.

Many Thanks.

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have you a copy of the default notice

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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" Finally the last four numbers of the account showing on the file are not the the last 4 numbers of the account in question."

 

This normally happens once its transferred to collections and assigned to their " Router Account "

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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should be in the comms log or the account log

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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copy that section staple it to your letter below

 

write a letter to NatWest

 

give them 14 days to remove the account as it should not be showing

[under ICO rules etc default is +6yrs old]

 

should they fail to do so

you will raise a complaint with the ICO and seek financial compensation

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Had a call back from NatWest complaints and they agreed the markers are wrong and shouldn't be on my CRA file.

 

They confirmed they will be removed and my case has been escalated to ensure this doesn't happen again either to me or anyone else.

 

They said they have no idea why it has happened. we shall see.

 

It did make me wonder how many people suffer from incorrect info on there CRA files.

 

It's astonishing that such a significant part of modern life and the far reaching consequences of a poor credit rating can have that this is not better regulated.

 

many thanks for your help today...I'll update this thread when I hear anything.

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write complain seek compensation

you shouldn't be using the phone

 

as you've no papertrail to hit them with later

same as last time.

 

I got £50, then £75 then £125 out of C&G when they kept doing this to a neighbour

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i am aware of keeping to letters but they called me and according to them they are writing to me to confirm. I should receive a letter within seven days. However I will write to them confirming our conversation.

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  • 3 weeks later...

Have had a letter from NatWest dated 2nd Nov stating that my complaint will dealt with within 8 weeks!!! Originally I was assured this marker would be removed and that it could take up to 3 weeks. NatWest texted me 9th Nov stating someone will be contact me within 10 working days. I spoke to customer services today who said the marker couldn’t be removed before the complaint had been investigated, this is despite being told by customer services on two occasions my credit file will be deleted. I would be fateful of your good advice. Is there any mileage in me going in to my local NatWest and raising the issue there. I really need to get this sorted.

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I would go right to the top and send a detailed email to NatWest CEO marked for his personal attention

 

In addition detail all the stress that this has caused you and insist on substantial compensation

 

( imo around the £500 mark)

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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on the internet???

 

ceoemail site

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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