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Andymcq

Unfair Natwest O/D Default - Strategy for removal, willing to try all angles -

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Right a long one so bear with me I will try to list in Chronological order to make it simple. I am new to this forum but not forums in general. As an aside I will set too scanning all the letters now so I can post later to see what people make of it.

 

The Jist is my wife and I had a joint Natwest account with a £250 overdraft, at a balance of -£247 in Nov 2008 they then applied a £3.50 interest charge, then the £28 pound unauthorised charges started racking the account up, (Nov 2008)

Stupidly we didn’t know as at this point they still had our old address and phone number.

 

Anyway by the time we were aware charges had really racked up.

In May 2009 we wrote asking them to repay all default charges as they were unfair etc, and offered to pay the outstanding OD in full (less charges) Phone calls were made to us requesting income and expenditure letters information, this was duly posted but nothing was received.

 

Un be known to me, my wife (not me bear in mind joint account and JOINT DEFAULT) received a default notice on the 7-7-2009 this was not actioned as I was still in negotiations of repayment and unfair fees. (This default letter as per all correspondence was addressed to her only)

 

In October 2009 we each received letters from triton asking for money, my wife also received a phone call saying if we paid £300 IN FULL AND FINAL settlement it would be the end of the matter and the debt would be wiped out, my wife duly paid this thinking £50 of charges was fair to save any more hassle.

 

In January 2010 we credit checked ourselves and found defaults on both files, registered 31-10-2009 the 3 months after default letter was sent to my wife. (At this point I still hadn’t seen the default letter!!, nor had I had one myself)

 

Since then I have tried the usual default removal method detailed on "Learn money default removal" (google it, I cant post a link till I get to 20 posts!)

 

This obviously didn’t get anywhere with me ending up with copy statements and the usual explanation that Overdrafts are exempt from a signed agreement under section 78 of CCA, What is ironic though is this letter has someone else’s name and reference in the title! And is only addressed to my wife not me.

 

I have also tried writing to NatWest "without prejudice" that the default is severely damaging me, it is dubious as to whether I owe it but for both our benefits I will pay it in FULL (all £253 of it) so long as they remove it from my credit file. They have declined this offer.

 

 

My point to all this is the default is only £253, it is costing me many times that every month in high interest payments, its affecting my business and expansion, and really it is not a problem for me too settle.

 

Unlike some people I don’t want to remove the default with minimum cost, at the moment it doesn’t really matter what it costs me so long as I can get it removed and get it of QUICKLY.

 

Also its not essential that is removed from my wife’s file, just mine as I say its crippling my business which also banks with NatWest and turns over a huge sum every year but I can’t get decent rates on my borrowings or get another lender due to a stupid £253 default.

 

Added Correspondence Scanned and added here

http://picasaweb.google.co.uk/andy.mcqueen/DropBox#

Edited by Andymcq

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Edited by Andymcq

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Specific questions I have for tactics for removal of this are,

 

 

  • Is there an individual or firm (Lawyer) who would do this on my behalf? specifcally someone who understands the intricacies?
  • Can my default be removed because my wife received one but I never (however I am aware there screen will say I did, and this is enough for the courts)
  • Could I use my wifes default to prove the default was applied more than 3 months after the notice, (Do default notices if valid - have a time limit?)
  • The fact ALL corespondence is in my wifes name, could I have this used to remove the default from my name? (obviously a short term fix)
  • On the basis of a sworn statement by my wife that she paid triton credit services in "full and final settlement" would this hold in front of a judge?
  • Any reason that the entire defaulted amount is 100% charges, we actually made a payment for the overdraft plus 2 full charges, the credit files show this, I think?

 

What reading the above would be the QUICKEST and most reliable route to removal?

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Edited by Andymcq

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andy, the jpgs are too small. repost them so we can read them.

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andy, the jpgs of correspondence is too small to read.

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Edited by Andymcq

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Edited by Andymcq

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Edited by Andymcq

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Edited by Andymcq

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Anyone tell me why I cant post links or attachments at full size, the above links are readabe on my PC but hopeless on here..

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before i say anything, what is the date of the default as recorded on your crf?

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The date of the default on the CRF is 31 - 10 - 2009

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i'm not too hot on the overdraft situation. i don't think there is anything you can do. they gave you plenty of time (approx 3 months) to pay it off, and as they state, they can ask for repayment on demand. the only sort of route i can think of would be to appeal on the grounds you had asked for a refund on the grounds you believed the charges were unfair, but the supreme court appeal ruling was only made on 25th November, so you feel it was unfair for them to default on the basis of awaiting the supreme court decision. does that make sense?

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Thers a couple of things I think that are unjust, one the entire debt that was defaulted on was charges, the original breach of overdraft was due to the debit of interest which I wasnt advised of.

 

Also I was never sent a defaut notice, I know my wife was, but I wasnt given sight of this laast week - my wife and I keep our finances separate and have done ffor many years hence why I no longer used the joint account.

 

Also there was payment made of £350 and the offer was for full and final settlement of the amount with no repurcussions, I also feel this was unjust as had we known no payment at all would have been made.

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