Need help with Natwest credit card

[FMZ]

Pity that you did not take this up with the FOS in 2009,from what you say it looks like they were in breach of the banking code,and you were treated quite unfairly.

 

Thanks Martin

 

I wish I knew then what little I know now lol. Is there a cut off time for reporting breaches of the banking code?

 

I think they may still be making mistakes as they recently sent me a letter telling me that as I had failed to respond to their messages they were forwarding my account to external debt collection. I hadnt missed any messages or had any letters and when I called them they eventually apologised and said that the letter had been flagged for investigation as it was an error on their part! They also said that the wording of these letters were intentionally harsh!!!

 

But I am glad they sent the letter as it scared me again (I had become complacent thinking I was safe as I am making all my agreed payments) and I remembered this forum.

 

Thanks again

[MARTIN3030]

No its still not too late to file a complaint with the FOS.

The FSA handbook says that a cause of action can still be considered for up to 3 years after you could reasonably have been expected to know that you have a case.

If you originally complained and was given a final response,then there are time limits in which you should contact the FOS.

Otherwise,you have to give them a further 8 weeks and get a response-as the FOS will want to see that.

The bank may argue that you are out of time to file a complaint with the FOS,but you can say that you were not aware,and had no way of knowing in 2009,that the bank were in breach of the banking code and did not deal with you with fair business practices,nor uphold OFT guidelines.

The OFT guidelines would cover their refusals to accept your affordable repayments if there was collection activity from either their in house,or third party DCAs.

[maroondevo52]

Maybe its because they are mostly new posters!

 

Jog

 

[FMZ]

No its still not too late to file a complaint with the FOS.

The FSA handbook says that a cause of action can still be considered for up to 3 years after you could reasonably have been expected to know that you have a case.

If you originally complained and was given a final response,then there are time limits in which you should contact the FOS.

Otherwise,you have to give them a further 8 weeks and get a response-as the FOS will want to see that.

The bank may argue that you are out of time to file a complaint with the FOS,but you can say that you were not aware,and had no way of knowing in 2009,that the bank were in breach of the banking code and did not deal with you with fair business practices,nor uphold OFT guidelines.

The OFT guidelines would cover their refusals to accept your affordable repayments if there was collection activity from either their in house,or third party DCAs.

 

Thank you Martin. I didnt make a complaint before (2009 was an awful year - I lost my mum to cancer, son diagnosed with autism and hubby out of work so I had other things on my mind - I certainly wasn't paying attention as much as I should have been).

So now my way forward is to

 

1) request an SAR

2) write to reclaim charges and get default removed if in fact it arose due to charges (per DKs post above)

3) complain to Natwest and then to FOS (they may be interested in fact Natwest continues to send threatening letters although I am paying them what they ask for)

 

Have I these in the right order?

 

Thanks again everyone

 

ps just reread your post Martin - the letters advising that they would take payments of £70 per month and freeze interest but would register default first as this level of payment wasnt acceptable were issued by Natwest collections - does this mean I complain to the OFT as well as the FOS? Sorry if I am being a bit dumb!

Edited July 16, 2011 by FMZ
confused!

[MARTIN3030]

No the FOS-they are the ombudsman for the OFT.

The OFT are the regulator for the FSA.

[Guest]

fmz

you seem to have done the right thing by informing your creditors of your financial difficulties. under the lending code for eg they should take this into account.

if they agreed to the reduced monthly payment before the default notice (or even during the time limit), then they should not have issued a technical default!

imo

Edited July 17, 2011 by Ford
typo

[FMZ]

Thanks Ford. They agreed to accept the payments and freeze interest and charges but in the same letter they said it was not acceptable and therefore they would issue a default. I dont have the letter to put the exact wording. BUT in another thread some of the fantastic guys on here said that I may be able to complain to the FOS as well as get the default sorted as it is probably all charges which I am going to claim are unfair. We will see. I want to repay my debts as I owe the money but I feel it is totally unfair to have treated me so shabbily - yes I take it personally and I shouldnt but they get away with murder. if a new client had ignored them and was making no effort to pay I would understand but the account was over ten years old, they loved me so much they kept increasing my credit limit, they didnt default me when I fell behind in payments but when I officially asked for help their answer was a default -bad business in my book not that my opinion matters to them of course

[FMZ]

Hi guys

 

Further to previous posts I am getting an SAR sorted for my natwest credit card. But I was just wondering what happens if I am able to get the default notice removed due to it being incorrect due to unfair charges? (default issued for £81 arrears when I have paid over £120 in charges at least)

 

My credit limit is zero, interest and charges have been frozen but I still pay every month and the balance is £5k (just under). The original creditor is still Natwest and that hasnt changed. I get statements every month so it seems account is still open? So will they just issue another default notice? or will I just keep making the paymets to repay the money I owe?

 

Anyone know? I tried searching but couldnt find anything similar to this but then there are so many posts I may have missed it. If anyone can direct me to something or answer this it would be fantastic, thanks

[Guest]

hi

as said, if they agreed to the reduced payment then they have varied the agreement so the previous min payment requirement no longer applies. they can't have it both ways. so, if the 'new' agreed monthly payments have been adhered to, then they should not default. depends when the variation was made.

yes, complain to them. tell them that an agreement had been made prior. tell them to remove the default. see what they do. if unsatisfactory, complain to fos and ICO.

imo

Edited July 17, 2011 by Ford
typo

[FMZ]

Thanks Ford. The letter they sent said they were issuing default as they had received my income and expenditure information and my offer of £70 per month and that was not acceptable. But from now on they would freeze interest and charges and accept £70 per month for next six months - this then increased to £100 and is currently at £120.

 

I just asked another question on a different post but perhaps you could answer it. What happens if they remove the default? Can they just add another one? I have been paying every month and my account still exists (I think!) but my credit limit is zero and interest and charges have been frozen. But the statements still show natwest and the credit card number has never changed. Just asking as in my excitement at possibly getting default removed (want to move home which wont be possible with default) I am wondering if I will make it worse as I dont want the clock to start again with a new default if you get me.

[Guest]

well, if they said that they will accept x per month then that would supercede what was before. if they accepted before the expiry of the default notice then they should stand by that and not record a default. because they have varied the agreement, default notice, and the min payment required. and so if adhered to then there would not be a breach/default!

imo

Edited July 17, 2011 by Ford
typo

[dx100uk]

threads merged

please keep to one thread per debt.

 

dx

[FMZ]

Hi everyone

 

I am back from holidays and ready to post my SAR. I assume that as I have been in contact with the bank i.e. previously sent them an income and expenditure record and entered into an agreement, there is no disadvantage to saying that the reason for the SAR is the fact that I continue to receive threatening letters despite maintaining my agreement. Letters their own staff say are sent in error!!! I have my letter ready but dont want to post it on open forum but if anyone would like to check it over for me I could pm them.

 

Thanks a mil

 

FMZ

[ims21]

Hi FMZ

 

You don't need to give a reason for a SAR.

 

Just send off the SAR with your tenner...no reasons...and wait for their response. 40 Calendar days remember.

 

Regards

 

ims

[FMZ]

yes you are totally right - I overthink everything. Will post letter tomorrow and thank you for asking my next question which was "was it forty working days or calender days"

 

Thanks again and have hit your star!

[ims21]

Thanks FMZ

 

Glad I could help

 

All the best

 

ims

[FMZ]

It is nice to know I am not alone in this fight - this board is great. I just really really hope I can get this default removed as it should be mainly charges. I have read of others having defaults removed due to the figures being incorrect as a result of charges being refunded. I am just not sure what happens to the debt if the company agrees to remove the default - do they just try to register another one? But then I guess they couldnt really as I have made all the payments so cannot be in breach of anything. It is very confusing lol but first steps first is to send the SAR which will done in the morning. Dragging my kids to the post office to send a registered letter will just make their day NOT!

[FMZ]

Hi guys

 

I got a response to my SAR and now need some more help and advice please.

 

I opened my account in 1997 and all they have sent me are

 

1) copy statements since August 2005

2) A copy of a log since July 2010

 

They have also written to me saying that

 

1) they have supplied copy statements covering up to the last six years or from account opening date. Should any months be missing this may be due to inactivity on the account or we were unable to obtain them from our system. (they only gave me from August 2005)

 

2) A copy of the manual notes applied to your account (these are only those from July 2010)

 

3) We were unable to obtain a copy of the original application form

4) Copies of all correspondence we have on file regarding the account - (this was one letter from me to them only back in 2006 when I asked to close the account but I obviously didnt but cannot remember why now)

 

Their letter goes on to say

 

"we have not provided you with copies of the terms of conditions/notice of variations as these fall outside the definition of the data protection act 1988. Similarly section 7 (1) only requires a data controller to providing a copy of the information constituting any personal data, not the actual document on which the personal data is recorded."

 

"you should note that we do not routinely keep copies of all correspondence sent to customers because the majority of our letters are computer generated and this system does not maintain any records other than the type of letter and the date it was sent"

 

"if telephone transcripts are required, please provide the dates you require these. Once received these will be actioned."

 

"The royal bank of scotland group processes your personal data to maintain our relationship and manage the account(s) that you hold. Full details of our processing would have been provided to you in your terms and conditions. Any disclosures of your personal data would only have been made in accordance with the Terms and Conditions agreed.

 

I trust the enclosed it of assistance to you".

 

OK so can anyone tell me where does this leave me?

 

Surely they cannot just get away with this response?

[dx100uk]

well i'd not fret about that too much

 

you ned to now look at the statements

 

find the time from whereby their charges put the a/c into overlimit etc

 

you need to PROVE that none of your usage of the card put the A/C into default First.

 

go back to post 9 and read from there again

 

you'll get the idea

 

dx

[FMZ]

Thanks DX.

 

No the charges weren't the only problem on the account. I forgot about a dd that had been going out of that account for $20 per month so that would be included in the arrears. Between May 08 and the date of default- I was only charged £72. The arrears at the time of the default were £81.

 

So what now? I am totally confused and have been trying to read around the posts on here. Please continue to help me.

[dx100uk]

then you are snookered

 

the markers on your CRA file are a correct indication of the way you ran the card.

 

dx

[FMZ]

Thanks DX but I am not giving up just yet

 

I think Natwest believes that they have something to hide. They were supposed to send me a copy of all correspondence on file which they didnt. I made regular payments on the account - I paid something every month and the arrears were a lot higher previously but I always paid them down. They didnt send me copies of my request to make lower payments for a short time or their response that they would accept £70 per month but the payments werent acceptable. This was at the same time the default was issued. This makes me think they deliberately left out these letters.

 

They cannot find the original application form and they refuse to give me details on my account since it was opened. So I am going to fight the default which I believe was unfair.

 

according to this site

 

Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.

• Accounts should normally be filed as being in default where those payments due have not been received for six months.

 

Neither of the above apply to my account and they had monthly payments every month for over ten years - they were in contact with me on a regular basis so our relationship had not broken down.

 

So I am still fed up with them and am going to fight it - what do I have to lose?

[Guest]

threads merged

please keep to one thread per debt.

 

dx

 

looks like this has continued here? http://www.consumeractiongroup.co.uk/forum/showthread.php?313216-Can-someone-help-me-understand-this-old-post-please

Edited January 17, 2012 by Ford

[carcar]

Hi People

 

Does anyone know where the remainder of this thread went?

 

I was following the story as it is so similar to mine, but has been cut off half way through....

[carcar]

Ford, your link doesn't seem to work for me by the way