Nationwide default notices valid or not?

[tommy271007]

Hello guys!

 

I am in the middle of a dispute with Nationwide who defaulted my flexaccount, while account was in dispute because of the bank charges back in January 2007.

 

Unfortunately because of the default they placed on my otherwise spotless credit files, i am unable to get a job as an accountant because of this adverse data!!

 

I am looking at whether my default notice format they issued are incorrect - so that i can include my arguments in relation to the Data Protection Act Act 1998 together for my legal proceedings against Nationwide. Is there any legal avenues to get them to remove adverse data if it was proved that the paperwork are not in order?

 

I have two default notices issued (as far i am aware) on this account, which i will post on this thread for anyone to see (minus the details). The first one was issued in April 2006 (i agreed to pay money into the account to put the account back in order) but then I had another one issued November 2006 demanding payment when i requested 'illegal' bank charges to be refunded into the account leading to a stalemate and eventually a default!! I'm sure quite a few of you have been in that position and can relate.

Edited April 28, 2009 by tommy271007

[tommy271007]

Here is the first default notice issued in April 2006.

[tommy271007]

Sorry but i am having problems copying the scan paste into the message. Could anyone care to help me out?

 

I have selected scan for PDF preview, but i am not sure whether the format is correct to be able post scans on the net. It is the first time ive used the scanner!

[tommy271007]

Here is the link which have almost the same copy as the letter and default notice, issued November 2006 (as i can't scan my documents).

http://www.consumeractiongroup.co.uk/forum/nationwide/194101-meerkatsmimm-nationwide-overdrafts.html

 

Can anyone tell me whether the default notice is invalid?

[citizenB]

Tommy,

 

I have posted a reply in meerkasmimm (sp) thead.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2133913.html

 

Obviously without seeing your DN then I cant say for sure. Check the dates. Date of DN and date of remedy .

[tommy271007]

Here is the first default notice issued to me on 18th April 2006. I had to type it exactly to the layout. This was quickly resolved when i took action and account was in order.

 

 

IMPORTANT – YOU SHOULD READ THIS CAREFULLY

 

Default Notice

 

Served under Section 87(1) of the Consumer Credit Act 1974

 

Dated 18th April 2006

 

Re: Mr Joe P Bloggs

 

From Nationwide Building Society whose Flexaccounts Collections Default Management Department is at Kings Park Road, Moulton Park, NORTHAMPTON NN3 6NW – TELEPHONE NUMBER 01793 556877

 

We hereby give notice of default in respect of the society’s agreement with you. Details of which are shown below.

 

Agreement: FlexAccount No: 80/ 0511/63263290

 

Provision breached:- Condition 11

 

Nature of breach:- Failure upon demand to immediately bring back into credit the balance upon the above

numbered Flexaccount upon which an unauthorised debit balance has been created by

the account holder by withdrawals or payments.

 

Action required by you to remedy the breach:-

(a) To repay the overdraft in full

(b) To return all unused cheques, guarantee card(s) and Flexaccount cash card(s) still in

your procession. Please ensure they are cut in half before posting them to the above

address.

 

Date by which action is required: 12 O’Clock 28th April 2006

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO

FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

(a) Demand immediate payment of the overdrawn sum, currently £100, together with interest

(b) Commence Court proceedings in the County Court to recover this sum

 

Payment to be made is amount overdrawn £100.

 

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWNING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SUERTY MORE TIME

 

IF YOU ARE NOT SO SURE WHAT TO DO, YOU SHOULD ETC ETC ……

Edited April 28, 2009 by tommy271007

[tommy271007]

There was a mistake with the flexaccount number after the agreement where they put 80/before my flex account account number

 

I then received another default notice very much the same as Meerkatsmimm's default notice copy on her thread but mine dated 28th November 2006 and date by which action is required 12th Dec 2006.

 

So i do have two different types of default notices....but the one dated 28th November was used to terminate the account in january 2007.

 

Are both considered invalid anyhow?

[citizenB]

Did you keep the envelopes?. if not then it has to be assumed that 1st class post was used and the DN was posted on the day it was issued.

 

18th April to 28th April is only 10 days. So 4 days short to start off with and then no allowance for posting either 1st or 2nd class

 

the 2nd one 28th November to 12th December is 14 days but doesnt allow any time for service.

 

The format doesnt appear to be correct, underligning and bold required for certain parts of the text.

 

I am just going to check what days 18th APril and 28th November were. It hasnt been unknown for banks/creditors/dcas to issue DNs with 25th Deember on so if those two dates were Sat/Sun then it would take more time off them.

 

Looks like both days were a Tuesday. Ah well, I think there is sufficient to claim them to be invalid anyway.

[tommy271007]

Hi I just corrected the first default notice with the bold and underline as exactly on the paper as for some reason it did not come up when i copied from the mircosoft word.

 

I am now going to paste the 2nd exact default notice issued to me 28th November 2006.

[tommy271007]

IMPORTANT – YOU SHOULD READ THIS CAREFULLY

 

Default Notice

 

Served under Section 87(1) of the Consumer Credit Act 1974

 

Date: 28th November 2006

 

To: Mr Joe P Bloggs

 

From: Nationwide Building Society whose Collections address is Lending Control, Nationwide Building Society, Kings Park Road, Moulton Park, NORTHAMPTON NN3 6NW

 

We hereby give notice of default in respect of the society’s agreement with you. Details of which are shown below.

 

Type of Agreement: FlexAccount

Account Number: 0511/63263290

 

Provision Breached: the Agreement requires that if an unauthorised overdraft is created, the account must be bought into credit immediately

Nature of Breach: Failure to immediately bring back into credit the balance upon the above numbered Flexaccount upon which an unauthorised debit balance has been created.

 

 

Action required by you:

(a) To repay the overdraft in full

 

(b) To return all unused cheques, guarantee card(s) and Flexaccount card(s) still in your procession. If posting, please ensure they are cut in half before sending.

Date by which action is required: 12th December 2006

 

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO

FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

Further Action: We may commence legal proceedings to recover the overdraft in full.

 

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWNING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SUERTY MORE TIME

 

IF YOU ARE NOT SO SURE WHAT TO DO, YOU SHOULD ETC ETC ……

 

[citizenB]

If the underlining and bold are present then you have only the date allowance to make it invalid. However, there is a good discrepancy there so it should be sufficient.