Default advice needed please - Nationwide

[mike_john]

Hi, Looking for some advice. A few years ago I was with Nationwide and I was defaulted with £325 bank charges. My records have shown that Nationwide put this on my account on August 2008. I didn’t recall getting a notice so I wrote to them requesting copies of all correspondence and they sent me information back. First of all they said that they could not find a copy of my application form but they were under no legal obligation to keep or produce a copy of this . Also the most recent letters they sent were the following, 20th of June 2008 – Pay the full balance , the following will happen. A default notice will be registered. Instruct a Debt collector. The only letter after this which is not a photo copy (the letter head is coloured while the others have been photocopied) Is dated the 29th of August and is the default notice – a year after this was placed on my account. Do I have a chance to fight this and get it taken off my account ? Thanks

[mike_john]

Hi, can anyone help ? Do I have a chance fighting this if the default notice is dated a year after the default status was applied ?

[blueda]

Nationwide should have sent you notice that they were about to register your account in default, i believe you have a case, site team will be able to give you further advice, you should possibly also be requesting from Nationwide a copy of the original Consumer Credit agreement (CCA) Here is the link to the letters page

http://www.consumeractiongroup.co.uk/forum/showthread.php?20758-creditorsandDCAs-letterTemplates&Budgetplanner

[mike_john]

Thanks for coming back to me, really appreciate it !

 

How do I contact the site team ?

[mike_john]

Hi Homer,

 

Thanks for coming back to me .The debt has been paid but the default on my file is creating a lot of issues .

[Dotty50]

Statute Barred is 6 years Homer, unless you are in Scotland.

 

The default should drop off the CRA's after 6 years too Mike, so if you think it was added on your CRA incorrectly, I would request a SAR which may produce a copy of the Default notice or a Notice of Default (they are 2 different letters, or should be) requesting the CCA would not assist IMO.

 

It will cost you a tenner but may give you the information you need to get it removed.

 

I've just re-read your first post Mike and you appear to have had both of the letters I mention here, was the default notice on 29th Aug 2008?

 

What date was the default registered on your CRA?

Edited August 2, 2012 by Dotty50

[mike_john]

Statute Barred is 6 years Homer, unless you are in Scotland.

 

The default should drop off the CRA's after 6 years too Mike, so if you think it was added on your CRA incorrectly, I would request a SAR which may produce a copy of the Default notice or a Notice of Default (they are 2 different letters, or should be) requesting the CCA would not assist IMO.

 

It will cost you a tenner but may give you the information you need to get it removed.

 

I've just re-read your first post Mike and you appear to have had both of the letters I mention here, was the default notice on 29th Aug 2008?

 

What date was the default registered on your CRA?

 

Hi Dotty,

 

It was placed on my records on Aug 2008. It is on both Experian and checkmyfile.

 

The letter from Nationwide is dated 17th Aug 2009.

 

Strange thing is they have sent me numerous letters which are photocopies but the default letter is not a copy, looks like they have just typed it up.

 

Thanks,

 

M

[Dotty50]

Isn't this the Dealing with Debt in Scotland forum?

 

Oop missed that bit sorry homer!

[Dotty50]

Why they should take 12months to issue the DN is anybody's guess but I think it's the date on your files that will count.

 

You say that you paid the amount, was this before the DN expired? If it was and you have proof, then this needs to be pursued as it shouldn't have been registered if the amount on the DN was paid in full before the expiry date.

[jasminedog01]

Exactly the same thing has just happened to me. I had a BASIC (flexaccount) with nationwide up until around 2008. there was no overdraft, no borrowing facilities at all, no debit card. i remember there were a number of times i was getting unpaid dd charges, when i had instructed the bank to cancel them online. When i noticed this the second time, i stopped using the account and wrote to the bank to dispute the charges asking for them to be refunded, and making an SAR. They wrote back with all statements etc, saying they wanted to wait for the pending OFT court case. After the case concluded, they sent a further letter telling me to swivel. I did not pay the last £35. About a year later, I recall nationwide writing to me to say the account was being closed. Then this year they have used some mickey mouse threating debt letters to request payment of £343....and put a default on my credit file. I think this is wrong, because I should never have had the fee in the first place, and if I had no credit with them, they should not be allowed to put date on my credit file. I have raised a dispute online with equifax and will update the outcome

[mike_john]

Exactly the same thing has just happened to me. I had a BASIC (flexaccount) with nationwide up until around 2008. there was no overdraft, no borrowing facilities at all, no debit card. i remember there were a number of times i was getting unpaid dd charges, when i had instructed the bank to cancel them online. When i noticed this the second time, i stopped using the account and wrote to the bank to dispute the charges asking for them to be refunded, and making an SAR. They wrote back with all statements etc, saying they wanted to wait for the pending OFT court case. After the case concluded, they sent a further letter telling me to swivel. I did not pay the last £35. About a year later, I recall nationwide writing to me to say the account was being closed. Then this year they have used some mickey mouse threating debt letters to request payment of £343....and put a default on my credit file. I think this is wrong, because I should never have had the fee in the first place, and if I had no credit with them, they should not be allowed to put date on my credit file. I have raised a dispute online with equifax and will update the outcome

 

Hey Jasmin,

 

We are on the same boat, when do you think you will hear back ?

[mike_john]

To be honest it was through the debt company and I cannot recall when it was paid. Surely they cant place a default on the account without letting you know though ?

[mike_john]

The report agengy is saying 6 years, how do I get it changed to 5 ?

[maroondevo52]

The report agengy is saying 6 years, how do I get it changed to 5 ?

 

A default stays on your file for 6 years whether you live in Scotland or not.