settled default on Credit Card, how did you remove yours?

[dbairduk]

Hello,

I have a defualt with a natwest credit card that was settled last year.

I sent the first letter asking

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against a credit card account in my name.

Further to this I don’t have a recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

And got back the letter stating that as it's repaid there is no obligations to do so and that there is no legal requiremnts to provide me with a true signed and certified copy of the original defualt notice.

 

I have read loads of threads on this now and just wondered how people have succesfuly got the defualts removed.

 

Did these work?

 

a) Try and reclaim some bank charges, and get the default moved at the same time.

b) Try to stop them publishing my data with the credit agencies

 

Any links you know of would be much apreciated. And which route is recomended to be followed first?

 

Kind Regards

D

[steven4064]

Hi D

 

A lot of people have got defaults removed at the same time as reclaiming charges (in fact most have done both together - it is difficult to get defaults removed seperately from a charges claim).

 

THe template letters that for the 'system' all have default removal as an optional part.

 

Do you have all your statements? If not, that is where you should start

[dbairduk]

I reclaimed all my bank charges last year with natwest. was nearly £800.

I have written a letter without a template this time. Do you think this sounds ok?

Thank you for you letter dated 29th March 2008. I understand that there is no longer an active credit agreement between Natwest Credit Cards and my self.

In 2001 I was sold the full student product range of bank account, overdraft and credit card when becoming a student. After graduating and entering employment I found myself struggling to keep on top of my financial situation due to default charges that Natwest kept applying onto its products. This made my financial situation very unstable during the time when I defaulted on the credit card. Natwest has now settled the all of my student accounts default charges therefore accepting liability.

I suspect that default charges present on the Natwest credit card account will have also contributed to the financial situations which lead me to default on the credit card.

As you know the office of fair trading has decided that banks and credit card companies should charge no more than £12 for such breaches of contract. Any default charges in the last six years would have greatly impacted my financial situation, as did the charges on my Natwest student account, which in turn caused me to default on my payments.

As I fully cooperated with Natwest in repaying the debt, I would like to ask kindly if the default notice could be removed from the Credit Reference agencies. Otherwise I wish to receive information of all default charges placed on my Natwest credit card, which have arisen from exceeding my credit limit, not paying on time or not honouring a payment. I would like the information relating to the past six years.

I believe that you are obliged to do this under the Data Protection Act 1998. I would appreciate it if you choose not to remove the default entry that you provide this information within forty days.

 

I just want to get this default off as quick as possible, not bothered about the charges as they wont be too many on there.

[steven4064]

Sorry, db, that will not cut any ice with NW.

 

1. In repaying the charges, they most certainly would not have admitted liability.

 

2. The OFT does not give them permssion to charge £12. These charges are unlawful penalties and you can reclaim them all

 

3. They will say the default notice is legitimate and will reuse to remove it. In fact they will say it would be wrong to remove it

 

4. If you want a list of all charges you must make a formal request (S.A.R - (Subject Access Request)) - there is a templet in the templates library

 

5. It is not a question of not wanting charges back but of having some leverage with them. The most successful way of getting a default removed is to be able to say to the bank, "remove the default or I will see you on court about unlawful charges"

[dbairduk]

Well, I thought thats how the letter I wrote would read. If they don't remove the default I will claim back the charges prove that the debt was partialy made up of them, clearing the default in the end anyway.

 

I have asked them to remove it or provide me with the information I would need(i.e list of charges) to get them to remove it.

 

If they send me the list of charges then it's time to threaten them with court.

 

I get a little worried about everyone using the same template, as they just have a standard reply for each template I have seen. I don't think they will take any time to look into a case if the letter is one they get every day.

[WendyB]

Just claim back the charges anyway, and go for default removal at the same time. They certainly won't remove the default just because you ask them nicely. And if they won't, then you might as well get your charges back along the way. Its your money, not theirs. Natwest credit card are pretty easy to get the charges back from.

[dbairduk]

I got responce to my letter today giving me the total charges i have recieved. They reponded to offering me the difference between my charges and the current charge of £12, and enclosed a cheque for the said ammount. There was no mention of the default on my account though. The ammount charged is over double the difference so am I entitled to claim all of these back?

[dbairduk]

oh yes and the total amount of charges is over the amount the card defaulted for

 

Regards

 

D

[dbairduk]

is there any tool for calculating interest for reclaiming credit card charges? i.e the 15.9% or what ever it is they have been charing me for the last 6 years?

[WendyB]

Write back to them saying you will only accept the refund in partial acceptance only, and that you intend to file in court for the rest of it. If their letter says full and final settlement then don't cash the cheque, this would be game over. There is a spreadsheet for adding on the interest but if you didn't claim it in the first place it might be a bit dogy to claim it now. But when you file at court you can claim s.69 stat interest at 8%. In your letter demand the default is removed, and when you file at court put this is your POC.

[dbairduk]

Ok, I have written the letter, it 's a combination of Request for repayment of charges, and a Rejection of settlement.

It has a breakdown of charges and interest added to them all. Will be posting today.

[dbairduk]

Ok Natwest phoned me of friday offering interest on the differrence between the charghes and the current fee's. it came to about £15 lol

I told the guy on the phone that I would not be accepting this offer and to send me the papers I needed to take them to court...

 

Watch this space...

[dbairduk]

it's getting close to the deadline of my LBA..... Well it's up on friday so they got 3 days to go.

 

I see most of the threads here are about bank charges rather than credit cards... Is there anyone with a good thread on credit cards and default removals? And preparing to make a court claim?