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kiri260180

Natwest CC Default Removal After Account has been Settled

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Please can somebody help me?

I sent in a CCA request after the account was settled - stupidly.

They did not reply to it - did not even acknowledge it or send back the £1.

Somebody told me on here that they don’t have too after the account has been settled.

The reason for me trying to get the original agreement was so that if they could not produce it then they shouldn't be processing my data and they should remove any information on my credit files that they have put on there.

(Namely a default on all three which was only settled at the beginning of the year - so this is really bringing down my credit file and will do for the next 5 years if I don’t get it removed).

As apparently I can’t do this now - please can somebody help me out and find out how I can possibly go about getting this removed - it is the only chain around my neck and I really need help with this.

Thank you kiri260180

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Well the fact that you have paid off the amount, means that your contract

with them has ended and depending on their T&CS, should mean that your

permission for them to process data about that account has also ended.

 

Point this out to them, and also let them know that there is no legal

justification for them to process defaults on your account in any case. It may be an accepted practice, but it is certainly not an acceptable practice to you. They will be aware that they can be sued for distress and liable to

pay you compensation where youy are refused credit or offered higher

interest rates as a result of their defaults.

Oh yes, and if their defaults contained unlawful charges then the defaults

themselves are unlawful as they do not reflect the true amount of the debt.

 

That should give you a little ammunition to aim at them:D

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Thank you so much!

 

I will do just that - Natwest CC Beware - I am coming to get you!!

 

I keep this thread posted with what happens.:-D

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NatWest are not playing ball they sent a letter back to my section 10 notice.

 

Please see below for the wording of the letter below:

 

I am in receipt of your section 10 notice, undated, (which it was) under section 10 of the Data Protection Act 1998. This was received in out office on the 6th November by recorded delivery.

 

Our position is that the moneys you owed under the agreement were properly dues and payable. The default notice was properly served and your failure to remedy the default within the precriobed period resulted in our reporting the default to credit reference agencies. This processing of your personal data was in accordance with the consent you gave, as referred to in the first paragraph of your notice.

 

I would inform you that, given the processing of your personal data was consented to by you and you cannot retropcetively withdraw that consent after the processing has been carried out, we do not accept your notice under Section 10 of the Datae Protection Act 1998 and do not intend to comply with it.

 

Our action in reporting your default to the Drecot Refernce Agencies occurred while the contract was still 'active' and carried out in the conformity of the 'consent' you provided as explained above. We consider that our processing of your personal data is fair, lawful and warranted in the circumstances. We are not carrying out any continued processing of inaccurate data without your consent.

 

The default notified to the credit reference agencies has been marked as Satified and will remain in you credit file for a period of six years from the original date of registration. (I am falling asleep by this point)

 

If you have an issue about the credit refgerence agencies continuing to show your "bad" history in relation to the contract with us you should raise the matter with them and/or the Information Commissioner.

 

 

Well I guess that is me told!!:-x

 

Anybody got any suggestions? Do I now file through the Information Commissioner?

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You may have to give them both barrels this time.

Start with consent. Point out that your consent was never given to process

data. You were forced to agree to it in order to get the loan, and they will be aware of the ICOs ruling that the definition of consent requires the agreement

to be "freely given" by the customer. Thus from the outset, the processing of your has been unfair and unlawful.

Moreover,as the contract is now finished, so has the consent to process

your data. Thus rendering their continued processing of your data even more

unfair and unlawful as their actions have "exceeded your legitimate expectation" [use this phrase in your letter] of how they would deal with your financial transactions after your account was closed.

Especially as the use of defaults has no basis in Law.

Ask them to confirm how pointless it is to write to the CRAs to remove

such data, since the CRAS cannot remove anything without the permission

of Nat West. [include this because the CRAs always say thay cannot remove

data without their clients permission, and get the banks' take on this]

 

Therefore give them 14 days to remove the default notice and any other

derogatory information from your credit file as it will harm your ability to

obtain a mortgage etc in the future, and may well force you to have a

higher rate of interest imposed on you as a result of their actions for the

next six years, regardless as to how your situation may change. Should they fail to agree within the timescale, you will have no alternative but to apply

to the Court for the removal of your data and Court costs will be added to

any damages and compensation claimed.

 

There is no point in threatening though if you don't intend to go through with it That being said, as far as I can see most companies have caved in rather than risk going to Court and losing the case.

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Thank you for the above - I will do just that.

 

I have sent my section 10 notice again along with the long letter from Surly as I realised after reading around the subject for about 10 hours! that i needed to send out the notice to their registered office which I didn't do - I sent it to the card office doh!

 

So done it again today - probably get same response back but wanted to make sure I did it properly then will follow your route - I am willing to go to court - may need a bit of support if it comes to it - but I am willing to do it - taken all my other banks with regard to charges - so becomming second nature!

 

Thanks again for info - I will keep this thread posted.

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What was the outcome of this in the end?

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