Natwest Bank "Default Notice" on overdraft. HELP

[monday2005]

Hi guys,

 

Hoping you can offer some advice. My situation relates to an overdraft account I held with Natwest in 2004-2005. It went into Default in 2005 (as stated in my credit report from Experian).

 

Background

The overdraft was for £900. I exceeded my overdraft limit by £100, taking the amount owed to £1000.

I had made no payments to balance this and return into my overdraft limit (within Natwest’s time period). My account was subsequently put in default. Excuse my short memory, but I do not remember getting any letters from the bank stating that my account was in default, or that my account was being passed on.

However Natwest passed this onto to Moorcroft, I have had some hassle from Moorcroft for payment in full via phone calls but I have refused to talk to them. I did however arrange a direct debit fee on my own terms for £20 per month some time ago. I have now £440 outstanding.

I called Moorcroft and offered to pay off the remaining balance if the default notice were removed, they told me that they couldn’t do this, but did offer a settlement at a reduced value of £310 which I turned down as the default notice is more important than a reduced settlement fee.

While setting up my direct debit I asked whether Moorcroft had a copy of my credit agreement from Natwest, to which the representative replied “no”. Are Moorcroft required to have the original credit agreement or any type of information?

 

What to DO!!

Where should I start? What letters should I use?

Do I contact Natwest or deal with Moorcroft?

Would I be correct to request a CCA from Natwest and check their paperwork?

Or would I be better referring to Sections 10 and 12 of The Data Protection Act 1998 as my account is now closed?

 

Sorry about all the questions but I have a lot in my head

 

I have read various threads and template letters on Default Notice Removal but I’m not sure whether these apply to my case, and if so which one should I use. Ideally I would be happy if I didn’t have to repay the debt, but I would very much settle for having the Default Notice removed from my credit report.

 

Would appreciate any input anyone has. (If u need anymore info please please let me know). Thanks in advance…

[blueda]

Hi monday2005 and welcome to CAG, your doing the right thing by refusing to talk to Moorcroft on the phone. Any correspondence by letter should be to Moorcroft. If as they say they do not have the CCA, then it is there responsibility to ask for it from Natwest, if Moorcroft does not provide you with a valid copy of the CCA after 12+2 working days, then they are in default and you can stop paying them until they can produce CCA if it exists. I dont know what letter you sent so i will supply the link below, send letter N with £1.00 postal order and dont sign the letter. I dont have experience of removing default notices, others on CAG have and will advise you..

http://www.consumeractiongroup.co.uk/forum/generel-debt-issues/20758-creditors-dcas-letter-templates.html

[rory32]

Would I be correct to request a CCA from Natwest and check their paperwork?

Overdrafts have Part V (Form and Content) exemption from the Act. So the copy of the agreement would simply be a letter from the bank.

 

Are there any bank charges on your overdraft? Normally in your situation their would be.

 

If you want all the information the bank hold on you (including a default notice) then you will need to send them a SAR. The SAR would go to the bank rather than Moorcroft.

[blueda]

Take the advice Rory is giving you, as Rory has better knowledge than me in the advice you need.

[monday2005]

Thanks for the quick reply guys.

 

To answer your Question Rory, i'm quite sure (but not certain) that i haven't had any bank charges on this account.

 

In your opinion would i be best sending an SAR to Natwest and then proceeding from there? I'll look for the template now and send it today.

[rory32]

If the account has been passed to a DCA in 99.9% of cases charges will have been added at some point so I would send a SAR to Natwest. A template is here

 

You'll need to adapt the template a bit as you also want a copy of any default notice. It's likely that the bank won't be able to supply this as they generally don't keep copies of default notices even though they are supposed to.

 

Send the SAR recorded delivery.

[monday2005]

Thanks Rory32, i have ammended the letter to include a request for the "default notice" as advised, will send the letter. I will let you know Natwest's response asap. Thanks for your help guys.

[monday2005]

Hi again, a friend of mine has advised me that because my account was a "student overdraft account" there was no signed credit agreement.

 

Is this true? what does this change? should i still send a SAR to the Natwest bank?

 

Rory you mention that i should request a copy of any default notice. My question is, If the bank dont have a copy of this, could they not just send me a standard default notice with my details on it? Would anyone know any different?

And also if it happens that the bank do not have a copy of the default notice, what does this mean??

 

I hope i'm being clear enough here.

[rory32]

Hi again, a friend of mine has advised me that because my account was a "student overdraft account" there was no signed credit agreement.

I already told you that.

 

Overdrafts have Part V (Form and Content) exemption from the Act. So the copy of the agreement would simply be a letter from the bank.

 

should i still send a Subject Access Request to the NatWest bank?

Yes. This will identify any charges on the account and whether you were defaulted correctly. If they can only send you a template then they would at the very least need to demonstrate that one was sent to you and that the reconstructed default notice is not purely conjecture.

[monday2005]

Hi guys, I received a letter reply from NatWest after sending them the following letter. Please read and advise if you can. Thanks!!

 

My Letter dated 18 February 2009.

 

 

Dear Sir/Madam

 

In reference to:

Account number: xxxxxxxxx

Sort code: xxxx

 

Upon carrying out an audit on my Credit File I have found out that Natwest have placed a Default on my file in 31/01/2008, which is said to have defaulted at that date.

I received no Default Notice regarding this account and I am now requesting a signed true and certified copy of the original default notice your company issued me with the date.

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 postal order in payment of the statutory fee, PO Serial Number 1587 716732.

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 me within the next 28 days, if you are unable to provide this data then I must insist that the default is removed from my files as unsubstantiated.

 

I look forward to hearing from you.

 

Yours faithfully

----------------------------------------------------

NatWest reply dated 11 March 2009.

 

Dear Sir

 

Thank you for your letter dated February 18 2009.

 

RE xxxxxxxxx

 

I understand that you have made a request for information relating to your account under the consumer credit act 1974, and that you have asked for a copy of the signed agreement for this facility.

 

Under section 78 of the Act, on receipt of a written requested, the bank is obliged to provide:

 

• A copy of a signed agreement (if any)
  
• Any other documents referred to in the agreement
  
• A note of the state of account (i.e. the balance, details of interest and charges outstanding and the applicable interest rate) signed by a representative of the bank.
  

It is important to point out that the bank does not require customers to sign an agreement under the consumer credit act in order for an overdraft facility to be applied to their account. Therefore, a copy of the signed agreement is not available, and is not required to be provided to you under the terms of section 78.

 

All borrowing facilities are agreed in accordance with the terms and conditions of your account, and the overdraft facilities are finalised by the way of confirmation letter.

 

I can confirm that as at today’s date, the following is relevant to your account.

 

Overdraft limit £0.00

Current balance £764.00dr

 

Fee’s £0.00

Debit interest £0.00

 

I trust this letter now clarifies matters, however, should you require any further information, please do not hesitate to contact the bank again.

 

Yours faithfully

 

Recovery Manager

 

 

Can anyone please advise where I go from here? It seems that NatWest have not been able to satisfy my request for a copy of the default notice.

 

Should I reply to this letter now and if so is there maybe a letter template that I could use in response??

If not should I wait until the 28 days since my letter has passed and then send a response, and again if so is there a template I should use??

 

Background

 

For anyone who doesn’t know the background, this was a student account I opened with Natwest in 11/11/05, which defaulted in 31/01/08 due to inactivity (so I was told when I made an enquiry at the bank). I do not recall receiving a default notice letter from Natwest at any stage, the first instance I knew was when representatives from Moorcroft began hounding me with phone calls. I made arrangements to repay the debt by monthly direct debits some time ago. I am now wondering if NatWest have followed all the correct procedures regarding my case.

 

Any help or advice would be great….

[Docman]

Hi Monday

 

Can I ask you for an update on your case. My son has found himself in exactly the same position. He graduated in Scotland last summer but hasn't paid anything into the account for just over a year. NatWest have now issued a DN against him which they have issued from England even though he lives and banks in Scotland. Do you know if the different jurisidctions makes any difference to the DN?

[IdaInFife]

no difference, if you can start a new thread and post up the DN, deleting any personal info

 

ida x