DN Natwest CC

[peteisfishing]

Hi all, in the autumn of this year i experienced a bit of cash flow probs, wrote to all my creditors explaining that this would last for no more than 6 months but i could only agree a part payment in the mean time. All oof them were fine and within 6 months i had paid off the balances. Natwest CC did send me a termination of contract notice bt i did not recieve any DN from them. They are insisting i did. They have now put a DN on my Credit file even though i stuck to my word and paid them in full. Am i correct in assuming that this is wrong as they have cancelled my contract, therefore they have no right to share my information with a third party? It lokks as though the DN was put on my file two months after me paying them off.....and i did not recieve any DN. I even asked them at the time if it would effect my Credit File and they said it would, but not severely if it was paid within 6 months. All of my other creditors were fine with this and have stuck to their word. Do I have a case against Natwest CC?

 

Thanks for your help

[peteisfishing]

Another thing, i have just realised that they said they have issued me with a DN in october, however the date on the DN in the CRA file says for a breach in November? Can they now issue DN's in advance?? And all of the previous history for that account has vanished from the CRA record.........

Edited April 27, 2010 by peteisfishing

[Jamesx81x]

Forget the issue of did they send you a notice if they have added a default to your file after you have paid off the debt then yes you have a case against them.

 

On the issue of the default notice they should have sent you a notice of intention accompanied by a correctly executed default notice. This has to be done to comply with the lending code(section 36). The same also applies for the ICO's guidance on defaults.

 

You need to write to them requesting they provide you with a copy of both the notice of intention and default notice they apparantly issued you. If they cannot provide this they are in breach of the data protection act on the grounds of processing data unfairly.

 

Furthermore if they have ended the contract before giving you the chance to put things write ie, default notice then it is unlawful recission of contract.

[peteisfishing]

I have written to them yesterday, only an informal letter to get them to explain why they have done this. Sent recorded. I will see what they come back with then i will take them on. Whta about the dates? can they send a DN prior to the actual Default taking place? all sounds a bit odd to me, especially when i have stuck to my word and paid them off, like i said i would, within 6 months....dirt bags

[Jamesx81x]

Yes they will send you the notice giving you time to rectify it then they will record it if the conditions are not met so if an entry has been recorded in November then they would usually have sent it round september/october time.

 

A default notice is an intention and chance for you to put it right not actual confirmation they have put it on your file.

[peteisfishing]

I see, so correct me if i am wrong. I paid the balance at the end of Jan, the DN has appeared on my file at the end of Mar but dated "period ending 12 Feb" the alleged breach happened on the 11 Nov. to me it seems that they have issued the DN to the CRA after i have paid them off. Does this mean i have a case against them?

 

thanks for all the advice

[Jamesx81x]

If the have issued the default in November then it looks like it is correct if you have not paid until January.

 

Do you have a copy of it all?

[peteisfishing]

I have never recieved any DN at all, only the letter terminating the account that was dated 22 october

[Jamesx81x]

Then as i said above you need both the default notice and notice of intention from them to check everything is in order.

 

These should be included in a SAR.

[peteisfishing]

One more thing which i have just realised, no record of this account was on my credit report since the account was opened in 1998. The only thing that is on there is the default. So even though my account has been impecible for 12 years the only thing they have reported to the CRA is the fact that i have defaulted. I have only just realised as i have a printed copy of my report from Jan. And nothing there regarding a Natwest CC. No other history is present.

I will write down in chronological order what the events have been for the last 6 months and would be greatful if i could be given some advise regarding the best form of attack.

Thanks for the advise

[Jamesx81x]

Thats the unfortunate business of been defaulted years of good work and clean credit files are literally trashed by the addition of a default.

 

Best way to go about this is to see what dates are on the actual notice and ensure it was sent with a notice of intention. This procedure is required under the lending code and ICO Guideance and really the only way of resolving the matter.

[peteisfishing]

Another quick Q. Are they allowed to share my info after the termination of the contract? If it is terminated, surely they have no right, information act and all that....or am i wrong?

thanks again

[Jamesx81x]

You will find if you look at your file there will be the default entry on the month they added it then there will be nothing else after that month.

 

If there are outstanding balances they can report this to the CRA's until they eventually default you.

[peteisfishing]

It appeared in March, the balance was paid off on 19 of Jan. But the date says" Period ending 15 Feb 10" The entry has been made after the full balance was paid

Edited April 29, 2010 by peteisfishing

[peteisfishing]

This is the address that is attached to the account:NEW ACCOUNTS, CRA ENQUIRIES, CREDIT CARD OPERATIONS CENTRE, PO BOX 6050, SOUTHEND ON SEA, SS99 1WL...........why would it say new accounts when it is 12 years old? Although this is the first time it has appeared on my credit file.

[Jamesx81x]

Not sure.

 

They do not have to report to a credt reference agency on your account but more than likely will do. That is why they say we may share the running of your account with CRA's.

 

They can register a default if they wish to providing the correct procedure has been followed. Thats what you need to find about out. Anything else you really will be clutching a straws so to speak.

[peteisfishing]

Recieved a letter today from them syaing they are dealing with my issue and will get back to me within 10 working days, i will see what they say first, or should i press ahead with the SAR to them?

[Jamesx81x]

Entirely up to you, the information is for your use

[peteisfishing]

just recieved a letter today from NW> I will put the full details up tomorrow, but one thing they have put in their reply is "A dn is deemed to have been served as soon as it is posted, wether i have recieved it or not and it does not need to be sent either recorded or regitestered post" This is as per the Consumer credit act. Is this correct?

Cheers

[Jamesx81x]

So they seem to think.

 

You need to ask them to provide you with a copy of the notice of intention to file the default which should have accompanied it. They are required to send you this to comply with the lending code and ICO.

[peteisfishing]

James, i can't thank you enough for all the info. Could you please advise me of the next step. Would this be a SAR? If so do i need to ask for specific documents? I will be asking for the CCA, as this account was opened before Aprill 1999. Is there a template on here i could use?

 

Thanks again

[peteisfishing]

Any advice would be greatly appreciated, i want to get on with this as soon as i possibly can, thanks

[Jamesx81x]

If you make a subject access request and request all data they hold on you relating to that account that is exactly what they should send.

 

You need to concentrate on asking them to send you the notice of intention to file the default and the actual default notice itself.

 

They actually need to send you both for it to be legit. Them saying it was sent and that is that just doesnt wash.

[peteisfishing]

In that case i will Send them the SAR and ask for specificaly, the CCA, Intention to default and the DN, i don't think i require any more from them. I will send this off and let you know how i get on.

 

Cheers

[elie1977]

Hi just gone through same thing for last 6 months with natwest, they put a Default on all 3 CRA's but i never recieved a letter of intention or default notice? They had defaulted me on charges they had stuck on my account for missed direct debits totalling 181.00? Fully paid off now and shows settled on my cra's? But sent a subject access request over 6 months ago and they have only just replied after having a battle over them requesting my signature for id purposes but yet sent them a copy of driving licence, old statements with 3 different addresses on and they have just sent me a computer log printout of what conversations i have had with them since may 07, that is funny cos i opened the account in 2005, and they have still not given me info requested under DPA1998, so now i am also going to put CRA's on default now, for using wrongful info against me without natwest having written confirmation from myself?