Considering sending this letter, want a default notice removed.

[unhappy_hopper]

Could you guys have a read and tell me what you think please. I am slightly concerned about opening a can of worms as we have heard nothing from them for a couple of years, and had thought it resolved until a credit check. This is on behalf of my Husband.

 

NatWest Bank, 135 Bishops Gate, London, EC2M 3UR

Reference Account Number: ..........

 

 

Dear Sir or Madam,

 

After recently obtaining a copy of my credit report from Experian I was concerned to note that your company has placed a Default Notice against a current account registered in my name.

 

The account in question was the result of a dispute relating to unfair bank charges levied against me on an unauthorised overdraft following a failure by your organisation to cancel a direct debit as requested. The original default is recorded as 01.07.2006. Furthermore the account is listed as closed, by our mutual agreement, on 09.11.2008. As far as I was concerned until viewing my credit report that was the end of the matter and that upon the cessation of our agreement your right to distribute any data about myself also ended.

 

I have no recollection nor record of having received a signed, true and certified copy of the original Default Notice lodged against this account and, as I believe the charges levied to be unfair and unlawful, and subsequently the Default Notice on my account to also be not just unlawful but defamatory and harmful I require you to substantiate this data as soon as possible. I am therefore disputing this Default Notice and the charges, which led to its imposition.

 

I request that under your obligations relating to the Consumer Credit Act 1974 (as amended 2006) you supply me with:

 

 

• A true, signed copy of the original agreement the Default Notice relates to including a statement of account showing the accrued charges as calculated by you against the account, including statements from the date of default until the closing of the account (01.07.2006-09.11.2008).
  
• A signed, true and certified copy of the original default notice. A computer generated copy or impending default warning letter will not be satisfactory.
  
• Any deed of assignment if the debt was sold on.
  

 

I would further request that this data is provided to myself within 28 days of receipt of this recorded, signed for, letter. If you are unable to comply with my request or supply me with the data I require then I must insist that all references to this Default Notice are completely removed from my credit files, as they are unsubstantiated.

 

Failure to respond to this Subject Access Request within 40 days constitutes an offence under the Data Protection Act 2002 in relation to the Sixth Data Protection Principle and will leave you at a default of your legal obligations. This will prompt further action on my part, which may include but not be limited to: Contacting the Data Protection Supervisor, The Financial Ombudsman, The Financial Services Authority and Court Action.

 

Yours Faithfully

 

Any thoughts much appreciated

[Guest Old_andrew2018]

Bump

[ieuanMr]

Sorry, but you cannot demand a signed copy any more under the new guidelines from OFT, See OFT1175con see Part 2: THE PLAIN ENGLISH CONSUMER GUIDANCE (page 29).

 

The copy can be an unsigned copy and it can be a reconstituted agreement as long there was a properly executed agreement inthe first place.

 

The bank is allowed to request payment from you, issue a default notice and pass your details to a CRA.

 

The banks is not allowed to demand early payment of the debt, threaten court action, take possesion of anything bought on credit or take possesion of a security to obtain the loan. Or pass your information to a debt collector.

 

I recommend you read that OFT document before issuing notices.

 

The good news is that if the debt is unenfoceable because they cannot find the documentation then the Bank MUST tell you in writing at the time of your CAA.

 

regards

 

Ieuan