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Default Removal from Natwest CC (Several Letters Sent & Received)


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Hi All,

 

I am trying to get a default removed from my credit file which was placed in January 2007. I sent the letter below:

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Dear XX

 

After unexpectedly being refused a mortgage I obtained a copy of my credit file from Experian and was concerned to note that your company (Natwest) has placed a "Default" notice against a Credit Card account in my name.

 

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee;

 

2. You must supply me with a signed true and certified copy of the original default notice;

 

3. Any deed of assignment if the debt was sold on.

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully

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I received a reply from Natwest below:

 

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Dear X

 

As you will be aware this account is no longer in our records. The default rentry of £355 was applied onto your credit file on 9 January 2007, due to your non-payment. This debt was then repaid to our debt collecting agents, Triton Credit Services and the deafult entry updated to 'satisfied' or 'settled' on 5 July.

 

In accordance with an agreement set up between the British Bankers Assocation and the Information Commissioners Office (previously the Data Proection Registrar)m the default details will remain registered for a period of six year from the original date of registration. THis agreement also carries the full approval of the Office of Fair Trading.

 

The Consumer Credit Act 1974, and its different Sections, is only applicable for active agreement. After an account has been repaid we are not obliged to supply the documents you mentioned which fall under S78 (1). S77 (1) does not relate to credit card accounts.

 

Furthermore, we have never been obliged to supply you with a 'true and certified copy of the original defauly notice'. The default notice, which is in the form of a letter, is not the same as the default entry that is later applied onto your credit file. I also wish to confirm that this debt had not been sold.

 

I hope this is a satisfactory restultion to your complaint, if we cannot reach agreement then you have the right to refer your complain to the Financial Ombudsman Service.

 

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I'm now not sure which letter to send if Natwest say they are not obliged to send a 'true and certified copy of the original default'. Any help would be greatly appreciated!

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