orfoster vs Natwest

[orfoster]

I have tried the PDF's, the application is that size anyway so its quite bad but if anyone has any other ways I can enhance please let me know. I tried 450% and it was ok.

NW Credit Agreement.pdf

NW Credit Agreement2.bmp.pdf

[orfoster]

Hi all,

 

How are people getting on these days with regards to having default notices removed from credit files after credit card companies pay back charges?

 

I owe £338 on my account and have received £607 payment. I have had default notices which are for much less than the amount.

 

I will have a hunt around the forum to see if anyone has succeeded to get these removed from NatWest re credit card charges but thought I would start my thread off.

 

I've successfully won against O2 previously for the same thing.

 

Also, is it worth asking for compensation in relation to the damage these default notices have had.......

[dx100uk]

if you can PROVE the PENALTY charges were SOLELY the cause in the month the default[]s or 'marker' were registered, then they MUST be removed

as they are NOT a true reflection of how YOU administered the accuont.

 

but the OC's mistake.

 

dx

[orfoster]

The account has been subject to a debt management plan for some years now.

 

Since around 2007 the account has been wholly made up of unfair charges and since that point the defaults that have been placed on my account would have been unfair???

 

Does that make sense?

[dx100uk]

i can only refer you to my other post.

 

i hope this is not a fee paying DMP?

 

because they have diddled you then

 

any DMP should ENSURe the oc freezes interest AND stops PENALTY charges.

 

else there is NO POINT in the DMP!

dx

[orfoster]

Thanks, yes this helps me.

 

No its a free DMP.

 

They haven't been applying the charges for the last few years, they've only been applying defaults to my credit file....and prior to the DMP starting as well. These were all due to the charges, the card hadn't been used for long before that.

[orfoster]

Here is a draft letter I intend on sending to NatWest;

 

Thank you for your letter dated XXX.

 

I confirm my acceptance to your offer of XXX, this will settle off my credit card account and I request the remaining amount be paid by cheque within 7 days.

 

You have failed to respond to my complaint fully and further to my previous letters, I detailed that these charges wholly exceed the credit card limit on the account, furthermore there have been default notices placed on my credit file, these are for a smaller amount than the charges applied to the account.

 

I now request that;

1. These default notices and adverse credit applied to my account, which are for such small amounts are removed in their entirety as a gesture of goodwill.

2. I receive a sum of compensation as a result of the damage caused by these adverse markers placed on my credit file, as a gesture of goodwill.

 

If you do not agree to remove these defaults from my credit file, I require a full explanation of the reason, and further I request;

 

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.

2. You must also supply me with a signed and certified copy of the original default notice(s).

 

I look forward to a full response to this letter within 14 days.

[dx100uk]

then my post applies

 

if you reclaim the PENALTY charges

 

then they are leaving themselves WIDE OPEN

for you to demand the credit file is resolved

 

but you MUST be able to PROVE the neg info

was SOLELY due to their PENALTY charges

on each occassion.

 

dx

[orfoster]

As you can see above, I am just going to send them that letter first and request the further information...

 

If I am able to prove it for the first time this happened when the card became dormant wouldn't this mean I was able to prove it for the rest throughout? If the card hasn't been used since that point then the principal would roll over??

 

Thanks for your help, they have agreed to pay out the charges but have ignored my complaint about the defaults and adverse credit.

 

Thought I'd be cheeky and ask for further compensation, I don't know an amount to set but in fairness it has caused me issues and this debt has been the one to damage my credit, wrongly in my view.

[dx100uk]

quite honestly

i'd not write such a complex letter

 

it would be easier just to state that

as you have clearly admitted your PENALTY charges were unlawful by your goodwill gesture,

i require the removal of all the adverse information you have placed on my credit file.

 

any negative information like defaults or late payment / over limit markers

should solely reflect MY administration of the accuont.

 

as this is clearly now NOT the case, i require my credit file be rectified forthwith.

 

dx

[orfoster]

Had a letter re the £6 charges NatWest intend to put on O/D.

 

They say can opt to close account or go with an account they may offer, will they require full repayment of the O/D?

 

There is currently £1.950 on the overdraft so its basically maxed out.

 

Cheers