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unhappy_hopper

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  1. Could you guys have a read and tell me what you think please. I am slightly concerned about opening a can of worms as we have heard nothing from them for a couple of years, and had thought it resolved until a credit check. This is on behalf of my Husband. NatWest Bank, 135 Bishops Gate, London, EC2M 3UR Reference Account Number: .......... Dear Sir or Madam, After recently obtaining a copy of my credit report from Experian I was concerned to note that your company has placed a Default Notice against a current account registered in my name. The account in question was the result of a dispute relating to unfair bank charges levied against me on an unauthorised overdraft following a failure by your organisation to cancel a direct debit as requested. The original default is recorded as 01.07.2006. Furthermore the account is listed as closed, by our mutual agreement, on 09.11.2008. As far as I was concerned until viewing my credit report that was the end of the matter and that upon the cessation of our agreement your right to distribute any data about myself also ended. I have no recollection nor record of having received a signed, true and certified copy of the original Default Notice lodged against this account and, as I believe the charges levied to be unfair and unlawful, and subsequently the Default Notice on my account to also be not just unlawful but defamatory and harmful I require you to substantiate this data as soon as possible. I am therefore disputing this Default Notice and the charges, which led to its imposition. I request that under your obligations relating to the Consumer Credit Act 1974 (as amended 2006) you supply me with: A true, signed copy of the original agreement the Default Notice relates to including a statement of account showing the accrued charges as calculated by you against the account, including statements from the date of default until the closing of the account (01.07.2006-09.11.2008). A signed, true and certified copy of the original default notice. A computer generated copy or impending default warning letter will not be satisfactory. Any deed of assignment if the debt was sold on. I would further request that this data is provided to myself within 28 days of receipt of this recorded, signed for, letter. If you are unable to comply with my request or supply me with the data I require then I must insist that all references to this Default Notice are completely removed from my credit files, as they are unsubstantiated. Failure to respond to this Subject Access Request within 40 days constitutes an offence under the Data Protection Act 2002 in relation to the Sixth Data Protection Principle and will leave you at a default of your legal obligations. This will prompt further action on my part, which may include but not be limited to: Contacting the Data Protection Supervisor, The Financial Ombudsman, The Financial Services Authority and Court Action. Yours Faithfully Any thoughts much appreciated
  2. Hi All This is my first post on the forum and I am looking for some guidance in relation to my Husband's old NatWest account. This matter dates back to 2006 when a DD he requested to be cancelled was not and his account was forced into an unauthorised overdraft for which he incurred charges. Believing the charges and overdraft unfair, we refused payment and this went on for 2 years before the subsequent (mutually desired) closing of the account in 2008. We believed the matter resolved until earlier this week when I conducted credit checks on us both preceeding a mortgage application scheduled for 2 weeks time. I found a Default Notice rated 8 on his report (Experian through CreditExpert) in relation to this account. Neither of us have any other accounts rated anything other than satisfactory. We have just this month opened a joint current account with HSBC which went though without a hitch, but I bank with them anyway and have done since 1999. I am now in a bit of a panic as the mortgage we wish to apply for is a very rare 95% mortgage with a high APR and it seems unlikely we will now be accepted based on this DN. We have requested a Notice of Correction outlining the circumstances but our obvious wish is to have the dratted thing totally removed. From what I have read on the forum it appears the charges themselves are illegal and thus the Default Notice, but as the account is closed I am unsure if we will be able to exact any information from NatWest, as many banks seem to cite the closing of the account as the end of their contractural obligations towards the ex-client. Sorry for the long-winded introduction but would be most greatful for any help you can give us. I appreciate we may have a long and loosing battle on our hands. TIA
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