g0atface vs Natwest - Part IV

[g0atface]

Ok so here’s the deal -

I had 3 bank accounts with the Natwest when i was a student

Account 1 was defaulted in 2003 for £ 2,553

Account 2 was defaulted in 2003 for £ 959

Account 3 was defaulted in 2003 for £ 2,011

The Natwest passed these accounts 1st to their credit services dept in Telford and then to the debt collection agency "Intrum Justitia"

After making a large amount of monthly payments the accounts have been settled by way of a partial settlement (via the debt collection agency) and currently show as the following on my credit file

Account 1 (settled 2005) - Satisfied - Partial Settlement

Account 2 (settled 2005) - Current Balance - £1,538

Account 3 (settled 2005) - Satisfied - Partial Settlement

Now here’s the kicker - I have claimed the following amounts back in bank charges - 2 claims successful and one stayed pending the OFT case

Account 1 (reclaimed 2007) - £2,400

Account 2 (reclaimed 2007) - £800

Account 3 (stayed in court) - £1,700

I am wondering what to do next - I really want these defaults removed as I’m trying to buy a house at the moment, the majority of this debt was made up of illegal charges and I am basically sick of the negative impact it has had on my credit rating for 5 years now.

[g0atface]

After 2 successful claims and one pending the OFT case im taking on the natwest again for the removal of my defaults - the thread with details on is here

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/132886-g0atface-natwest-iv.html

 

if anyone can help me out with the stages at which i should be looking at going through and whether i have a case i would be very grateful!

[steven4064]

It is quite possible (though not easy) to get defaults removed but usually only as part of a charges case. I think your best bet is to wait until your stayed claim gets going again and add default removal to the claim. Do not settle the financial part without the default removal.

 

Sorry, that doesn't help with the immediate problem.

 

PS - I am going to ask for your two threads to be mergded in the NatWest forum as we will get confused with two threads on the go.

[g0atface]

It is quite possible (though not easy) to get defaults removed but usually only as part of a charges case. I think your best bet is to wait until your stayed claim gets going again and add default removal to the claim. Do not settle the financial part without the default removal.

 

Sorry, that doesn't help with the immediate problem.

 

PS - I am going to ask for your two threads to be mergded in the NatWest forum as we will get confused with two threads on the go.

 

correct me if im wrong but this thread here suggests that its possible to get them removed after the claim has gone through - just looking for guidance on how to go about it, whether i should go via the CCA or data protection route.

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110146-car2403-hfc-bank-default.html

[steven4064]

Car2403 used the fact that, as there wsa no properly executed CC agreement, they didn't have his permission to share data and therefore the default was in violation of the DAta Protection Act. In has case it was for a personal loan. The problem is that normal bank accounts don't have an agreement regulated by the CCA 1974 in the same way. Overdrafts are regulated by the CCA 1974 but I don't think the same sort of agreement is required. I'll check later

[g0atface]

hi mate, thanks for the reply - jut to clarify this was all unauthorised Overdrafts on 2 accounts and only 1 had an OD on it at all - whether that makes any difference.

[g0atface]

Just received a response from the Natwest regardinge my data protection request for a copy of the default notice and deed of assignments - i got the response saying

 

- unable to reproduce this document as it is system generated etc etc

 

but more importantly

 

- We would like to advise you that there is no deed of assignment as the bank did not assign your debt to another party.

 

The bank DID assign it to Intrum Justitia - and thats whom i repaid the debt to - Does this now give me a leg to stand on for default removal??

[g0atface]

also as the bank states on the letter - these accounts have been fully repaid there is no longer the need for the bank to comply with a request for a copy of the credit agreement - yet on my credit report it states that 2 of teh accounts are settled and one is still not - is this misreporting? or am i getting ahead of myself?

[steven4064]

Firstly, NatWest won't have assigned te debt to IJ if IJ were just collecting on NW's behalf rather than having bought the debt

 

They can't have it both ways - write and tell them that te credit file is not showing 'settled' - they should either correct it or comply with your s77/78 request.

[g0atface]

Just had confirmation that All 3 defaults are removed -

 

Requested details - they confirmed the date of default was earlier and also that they had NOT assigned it to a 3rd party - scanned this in - sent it to a credit reference agency along with the payment details etc etc and hey presto - all 3 defaults removed from my credit file - nice

[yourbank]

CONGRATULATIONS!! 3 Defaults at the start of the process and NONE now. That is a result.