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Natwest Default

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Hi All

 

I recently sent a Subject Access Request to Natwest asking for a copy of everything they have on me. The reason I made this request is because I have a default on my credit file from Natwest (for just over £300) which I wasn't aware of until I applied for a mortgage. I never received the default notice, I paid the debt by phone when they called me. The default is 4 years old next month.

 

The subject access request letter was an edited version of the template at the end of this post.

 

To cut a long story short, in the letter I have received back from Natwest they are asking me to identify myself, which isn't a problem and I will be doing. They have also mentioned in the short letter that because I'm no longer an account holder with them they only have historic statements on their records in relation to my account. The main reason I sent the request is because I wanted to see a true copy of the default notice and the original credit agreement. (they refused to send me copies of anything when I made a request under the section 78(1) of the Consumer Credit Act)

 

My questions are; I am going to reply with my utility bill as identity but should I also remind them that I want a copy of the default notice and original credit agreement? Also, should Natwest in effect be throwing away a copies of things that have a very big effect on my financial life (the default notice and credit agreement in particular)? If it's on my credit file for six years the least they could do if keep my records for six years?

 

Any help is greatly appreciated and needed.

 

Dan

 

 

 

 

 

 

Your Name,

 

 

Your Address

 

 

Your Postcode

The Data Controller

Company Name

Company Address

Company Postcode

 

 

Date

 

 

Data Protection Act 1998

Subject Access Request s7(1)

Dear Sir/Madam

ACCOUNT NUMBER(S): XXXXXXXXXXXXXXX XXXXXXXXXXXXXX

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the above account number.

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interestautolinker.com autolinking image, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditionsautolinker.com autolinking image, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial Breakdownautolinker.com autolinking image of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal dataautolinker.com autolinking image and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the original consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

14. If it is contended you do not hold such data before such a date, please confirm this by providing the Certificate of Destruction.

15. Any Other information relating to these accounts

I enclose the statutory maximum fee of £10 by postal order. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable for the previous XX years.

Furthermore, such a request for specific information to confirm my identity will not deviate or inhibit the 40 days time limit allowed for compliance with my Subject Access Request.

Please note - If I do not receive all the data I have requested within the timescale specified above,

I shall seek a Court order obliging you to do so, together with damages at the discretion of the Court and without any further notice.

Finally, I would appreciate your Company's due diligence in this matter and look forward to receiving the documentation requested.

Yours Faithfully,

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Hi,

The problem with default notices are that they are template letters which have your details and the debt merged on to them. Banks don't routinely keeps copies. They usually put a note in the account history that one has been issued. They don't have to prove one was posted-only issued.

 

If the default is an accurate account of your banking activity then I'm afraid there is little you can do about it.

 

On the other hand, if they have defaulted you wrongly then you can do something about it.

 

Wait until you get your SAR back before you decide what to do


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks for the information, I'll send off my id and see what comes back. Although I think all the're going to send me is copies of statements. Should I be expecting anything else?

 

I'm just a little surprised (after reading many articles online) that no original of the credit agreement or default notice is kept. But if it's not kept and Natwest don't need to keep it then I guess I will never get a copy of either document.

 

Dan

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They should keep a copy of the agreement although the relevant word is "copy". It may be a microfiche copy or for recent agreements, a scanned copy stored on PC.

 

Was this a bank account? If so, there would be no agreement as such.

If it was a credit card or loan, thay had no obligation tp supply you your agreement once the account was closed.

 

Ideally, what you should get back are statements relating to the account in question, screenshots of the account history, any letters sent and received by them, Terms and conditions (if you're really lucky) but really in your case, it is purely the account history you are interested in.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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