Natwest Bank Charges and Default !!!PLEASE HELP!!!

[yourbank]

I wonder of somebody could help me out on this forum. I have been having an ongoing problem with Natwest for a number of years and I have been told by an Adjudicator of the Financial ombudman that they are siding with Natwest.

 

The problem is the following:

 

• I obtained from Natwest a list of charges on my current account and asked for them back
  
• After asking for a list of charges I informed Natwest the I disputed the balance
  
• The charges added up to more than I owed on the overdraft
  
• Natwest offered me some of the money back but I refused and said I wanted all the money
  
• 2 months later a default was added to my credit file
  

Now I am left with a damaging default on my credit file and an outstanding debt, are they allowed to add a default when the balance is in dispute?

 

Natwests arguement is that I agreed a £10 per month payment plan to clear the balance that was made up entirely of charges, I paid this amount to them once to get rid of them but I have no recolection of agreeing to a £10 per month payment plan. Natwest say the default was added becuase I did not stick to the £10 per month verbal payment plan.

 

Are they correct in adding a default to my credit file when the balance is in dispute?

 

If I agreed to a £10 per month payment plan they surely they need to prove it.

 

I would like to take them to court in order to get them to remove this default, please can some kind person at CAG help me..

 

Thanks very much

Ask natwest for a transcript of the call and evidence that the payment plan agreement was sent to you which is a requirement. If they are reliant merely on notes on the account then you need to ask natwest to provide a written statement and a final response to take this to the FOS for maladministration of your account(not just bank error).

 

When did you speak with the FOS?(we might be able to work on this one if you still have time to respond to them).

Are you aware that because the issue relates to bank charges that the case will be stayed pending the outcome of the OFT test case issues?

[yourbank]

Hold fire for now. I have asked someone I know is good on the FOS to take a look at the thread and I am sure they can advise you.

[yourbank]

It's too small to read at the minute.

[yourbank]

Can you check on your statements on 10th July 2007 for a £10 deposit on the account?

 

Can you post up the narrative on the statement

[yourbank]

BINGO!!!

You missed the most important bit. You changed your address on the telephone which meant that because it was updated overnight you could never have received the payment plan agreement since it would have been sent to the wrong address.

[yourbank]

Furthermore I would Subject Access Request NatWest for disclosure of the notes on your account including collection notes.

[yourbank]

what is the story with the 600 odd paid into your account? did you agree to this and if so under what terms?

 

are there any facts stated in that letter that you disagree with?

Don't forget these questions as well. Kraken1 is very well versed in FOS complaints and was the person I asked to take a look at the thread