Unlawfull Default by NatWest

[NewLad]

Hi guys,

 

I have put a complain on 24th March to NatWest with regards to a default that doesn't belong to me. The default is on a current account but it is not me and I have raised this issue with them after experian told me to get in touch with NatWest.

 

They just keep sending me a standard reply that says " we are still investigating". They send me this standard reply 3 times already.

 

Can someone help as I don't know what else to do.

 

Thanks in advance

[bigkacker]

You are doing better than me.

 

I am having similar problems from Natwest. I had a default applied to my credit file in 2006 which I knew nothing about untill thes year, never recieved a default notice or anything.

 

I wrote to them and asked for original CCA and Default notice and was told that I was not entitled to this as the debt was paid off, after four letters they sent this information. I am still no further forward, looks like I'l be going to court.

[NewLad]

I can't believe they can get away with stuff like this. I thought they were meant to be responsible organisation.

[yourbank]

Hi guys,

 

I have put a complain on 24th March to NatWest with regards to a default that doesn't belong to me. The default is on a current account but it is not me and I have raised this issue with them after experian told me to get in touch with NatWest.

 

They just keep sending me a standard reply that says " we are still investigating". They send me this standard reply 3 times already.

 

Can someone help as I don't know what else to do.

 

Thanks in advance

 

Can you give a bit more details as it is not clear why it is not you?

[NewLad]

The default belongs to someone we share the same first name and birthday only. We have different surnames but according to them, that doesn't mean anything. Also, the address they had from that person and me are miles apart.

 

The worst thing of all this is that I have my own business which is under my name and therefore this default is running my business.

 

I am so stressed out that I am afraid that I may have a breakdown because of all this nonsense.

 

I don't know what to do.....

[steven4064]

You can start proceedings under s14 of the Data Protection Act 1998 to make them change the data hel by the CRAs.

14Rectification, blocking, erasure and destruction

 

(1) If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

If you believe you have suffered damage as a result of this error, you can also claim damages under s13.

13 Compensation for failure to comply with certain requirements

 

 

(1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

(2) An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—

(a) the individual also suffers damage by reason of the contravention, or

(b) the contravention relates to the processing of personal data for the special purposes.

UKaviator adds - you should also get a doctor's not if you have suffered stress (section 13(2)) Edited May 6, 2009 by steven4064

[NewLad]

How do I start proceedings as I am clueless or should I consult a lawyer.

 

I have suffered major damages as I run my own business and no one would open an account let alone give me credit.

 

I am going to see my doctor very soon as I can't sleep with stress.

 

I am really at the end of my tether.

[steven4064]

You need to calculate the actual financial damage done to you - estimate it as best you can (Have a look at this Scottish case - Case Summaries & Court Reports - CaseCheck - Richard Durkin v DSG Retail Limited & HFC Bank plc, Aberdeen Sheriff Court, 26 March 2008 - this guy was awarded £160,000 because of a wrong default) and get a doctor's note about the stress caused.

 

You will need to write to NatWest a letter with 3 points:

 

1. the default is wrong

2. you have lost money (say how much) as a result

3. you have suffered stress as a result

 

tell them they have 14 days to remove the incorrect default and make you a reasonable offer of compensation. If they do not, you will commence court proceedings.

[I've got no money]

I think that if you are going to claim for personal injury - that is stress that you should consult a Solicitor

 

You would need to follow the PI pre-action protocol

 

Pre-Action Protocol for Personal Injury Claims - Ministry of Justice

 

If there is no personal injury element then you should follow

 

PRACTICE DIRECTION – PRE-ACTION CONDUCT - Ministry of Justice

[I've got no money]

This is a random thought - do you have home contents insurance - if so does your policy cover legal expenses...you may be able to get legal advice under that policy

[NewLad]

Thanks guys. This is great information and it feels great that there are actually still good people.

 

I have already sent NatWest 3 letters saying that the default doesn't belong to me and to remove it but keep saying they are investigating. So I will sent 1 last letter using the above information.

 

I am actually not that upset with NatWest as I feel they are in the business of making money regardless how which is why I stay away from banks.

 

But experian is a different story as I feel they should be more responsible in protecting the public's interest. Yet they just take the bank's side without any justification.

 

So, I really want to sue Experian and Equifax who refused point blank to even reply my letters. So how do I go about suing them.

 

Thanks in advance. You have no idea how much you have brighted my day with all this advice.