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    • Thank you 😊  Just wanted to prepare myself mentally incase they pull out some rabbit out of a hat with these bodyshops as they will most likely be places they've used regularly in the past and over 150miles away from where I am.
    • I see the Brexit-ish are again delaying  implementing their 'grate deal' 'protecting the UKs borders' that they pressed through with the wholehearted support of MPs like smugg - who is now one of the main moaners saying this inflation raising and business destroying 'great deal'  shouldn't be implemented. Of course 3 of the benefits of NOT implementing the Brexitish grate deal as the Brexitish negotiated are:   1. Less UK businesses will collapse 2. UK inflation NOT increased by 0.6% (hence fiddling the figures to us scraping NOT being in a Brexit generated recession) 3. The problems will be dumped in labours lap after the GE   "Analysis by specialist credit insurance firm Allianz Trade said the removal of tariffs on the goods would reduce inflation by 0.6 percentage points, and cut import costs by close to 7 billion pounds ($8.8 billion) in nominal terms."   reuters.com WWW.REUTERS.COM     https://www.reuters.com/world/uk/uk-economy-grows-by-01-february-2024-04-12/   Rees-Mogg warns post-Brexit border charges could be inflationary WWW.THELONDONECONOMIC.COM According to reports, Britain faces a £2 billion post-Brexit bill on European food imports from the end of the month.  
    • Thank you . Please stand by for a reply later on  
    • Sorry just get worried that they will make my life harder than they already have lol   Bought the car around 12th Sept 2022 for £78,000 from clinkard cars.   Performance, Prestigious and Specialist cars in Romsey, Hampshire | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire Was a 2019 Range Rover with 25k miles, £20k deposit at £750pm pcp over a 4 year period.   Finance company are alphera (bmw finance) spoke to them in October 2023 about the damage my bodyshop advised me of but they told me to deal with the dealership. Paid for the repair myself as I was told the extended warranty I paid for (recommended through dealer) wouldn't cover it as it was an existing fault and not mechanical breakdown. When I got the £40k offer from the dealership they still didn't want to get involved unless I got an independent inspection done. Used Elite Forensic inspections as they seem highly rated online (more comprehensive than your average AA inspection). I just looked online for thr best inspections for customers eho hsbe alre purchased the car. Their report was super comprehensive over like 50 pages of text and photos. Comparisons to the advert photos against what the inspector saw made in clear that the damage was before I purchase it. Got the report back 10th Jan 2024 and couldn't believe that they'd picked up the level of accident the car had been in and raised an official complaint through Alphera, they couldn't come to a decision with 8 weeks so raised with FOS. Around the 7th March 2024. Small issues started within the first week of purchasing like ambient light not working on the side the car was hit and car randomly switching off completely when I'd stop at traffic lights/junctions. Dealers eventually got this sorted which I appreciate, but doesn't change the fact that they didn't check the car as well as I'd been told it had been checked and they'd sold me an accident repaired car and initially tried to say all cars have had paint due to stone chips etc. Also turns out the car had only had 1 service before I serviced the car in mid 2023 (when the service light came on the car).   So far Clinkard have had my car for nearly a month (so my wife and I hsve had yo share cars since), they've said we've taken the far to 2x garages so far to inspect it and got 1 more garage to take it to. Currently refusing to tell me what those 2 garages have said so far with the attitude of because you've gone through FOS we have to follow the correct channels and respond to the complaint through them which is quite annoying.
    • This has been playing on my mind a little so been reading. Am I right in saying that if the original debt was regulated under the CCA and below 25k they can't use HCEO? 
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Natwest Default


salamanzer
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Hi,

 

I recently got declined credit and I am now in possession of my latest experian credit report as the letter from the loan company had highlighted that there was information held by experian that had prevented them from offering me a loan.

 

The information on my report states that i have an un-settled default with the National Westminster Bank for a Current Account.

 

This has come about under these circumstances;

 

I had a joint account with my parter who entered into an IVA. At no time did the IVA point out that holding joint accounts would be a problem - the company in question was freeman jones.

 

Once my partners IVA was agreed - natwest sent me a letter stating that the account would need to be repayed by myself. I agreed at the time to repay £50 per month until further notice, i pay this for 1 year and never missed a payment. At the end of this period they contacted me again with the following offer (detailed below);

 

" Dear Mr XXXXX

 

I write to confirm the terms of the repayment agreement reached between us.

 

The terms are as follows;

 

Your payment amount of £1,900 should be credited to account number XXXXXXXX at branch sort code XXXXXX by 28/04/07 in full and final settlement.

 

In the case of default, the bank reserves the right to take whatever action it deems appropriate, which includes legal action, and reserves the right to enforce its security, if appropriate.

 

Please do not hesitate to contact me at any time for whatever reason on ......"

 

I repayed the amount above before the requested date and thought nothing more of it. But it looks like Natwest have stabbed me in the back and issued a default notice against me.

 

I am aware the full amount owed by my partner was £2800, but they had been claiming both money from myself for over 1 year totaling £600 and the payment of £1900 by myself, this means I payed over £2500 of the total £2800.

 

On top of this they have also claimed money from the IVA company for the past 2 years running - so i reckon they have had more money than they are technically in-titled to.

 

Ok here are the questions,

 

1) By complying with the banks request for £1900 on time and therefore in there words "full and final settlement" do they have the rights to process my information - this was entered onto my credit record on the 04/08/07, also seeing as this was a settlement - why should they feel the need to default me as well?

 

2) experian shows the outstanding amount to be £1313 - this is impossible as the amount paid by myself meant that the account only had approx. £300 outstanding.

 

3) Can this be removed from my file - i only got dragged into this mess by my partner and was unaware that i would have to pay the account in full even though the bank agreed to write off the outstanding balance as part of the IVA.

 

Any help would be great - natwest have taken this too far, it seems that the harder you try to do the right things in life the more the banking institutions seem to stick in the knife, my near perfect credit record that i have tried so hard to keep clean has been wrecked by a company that seems to have so little morales.

 

Thanks again for reading.

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Hi salamanzer,

 

This will be interesting as you're in the same postion I'm in with Barclays; (give or take an enforceable agreement)

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110184-car2403-barclays-bank-default.html

 

Suggest you read this, then follow both methods of removal at the same time;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html

 

You will need to use the s.10 Consumer Credit Act 1974 argument I have in my Barclays POC (Particulars of Claim) to get them to take notice of your s.77/s.78 CCA request. (All will make sense when you've read the links I've given you here)

 

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Yes it seems strange me that that they would offer me a settlement figure, which i payed - then default me nearly 6 months later ....

 

I will read up on your barclays bank thread - what parts do you think i should use to get things going?

 

Thanks again for your help in this matter.

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Start with a s.77/s.78 CCA request - they will probably say they don't have to comply (and they are right) as the account is settled, so then you hit them with a DPA SAR in which you request copies of the original credit agreements.

 

If they can't provide signed, properly executed credit agreements and Default and Termination Notices that are properly formatted in those requests you MAY be able to get the Default removed - but I think you WILL have to go to Court to do it. It sounds scary, but that is how far you will have to be prepared to go to clear your name, IMO.

 

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