natwest formal notice of intention to file a default! HELP!!

[leanne1892]

Hi

 

I had two accounts with Natwest and both had overdraft facilities,

 

I fell behind with these accounts and ended up in a Insolvency agreement along with other debts

however this failed and i have now been served with a formal notice of intention to file a default if payment is not made or an agreement is not arranged to pay these debts back,

 

one is for £1545.57 and

the other is for £2109.62

 

along side these is a loan with Natwest

balance being just under £14k,

 

there is no way i can afford much to pay towards these as my circumstances have not altered,

 

with the bank accounts

 

is there anything they need to provide to show me agreeing to the overdraft facility

and

with the loan can i send them a CCA request?

 

I have until the 7th Nov according to this letter

 

any advice will be much appreciated,

 

I am also sure that i had two credit cards with them but there is no mention of these cards on this notice

and I am awaiting noodle to unblock my account for me to check up on this,

 

Thanks

[dx100uk]

just means they are going to trash your CRA file

 

its prob shot anyway

 

so i'd not panic about the letter.

 

dx

[leanne1892]

Hi thanks for the quick reply,

 

yes it is awful as it stands so cant get much worse

 

they are stating they will seek court action etc

 

is there anything i can send to delay them or what type of offer amount would be classed as acceptable

 

i cant offer much more than £5 per month but this wont even touch the sides on the amount i owe them,

 

also they are requesting me to send the cards back which i dont have any more as i shredded them along time ago will this be an issue?

 

Thanks

[BRIGADIER2JCS]

Overdrafts and current accounts are no t covered by the CCA 1974 in the same way as loans or credit cards, the would have been a letter of acceptance of the facility offered which would have terms and conditions in it.

 

Yes a CCA request for the loan is fine.

 

As to the cards tell them they are destroyed, just put a covering letter in with the CCA request.

[leanne1892]

Thanks Brigadier ill action the cca request along with a covering letter for the cards and ill also send a SAR to them to obtain charge details etc for the overdraft,loan etc.

 

Thanks

[leanne1892]

Hi, Can someone please post a link to the CCA and SAR request templates, thanks

[dx100uk]

green library tab up top

[leanne1892]

Hi

 

i have sent the sar request and

 

now have a letter back stating they cant deal with it as i never signed the sar request,

 

i was always under the impression never to sign any forms

 

so this must of been an oversight but just to check:

 

Do i have to sign the form or are they fishing for my signature?

 

thanks

[dx100uk]

you can sign SAR requests to the OC always

 

just never send a sig on a CCA request or any sig to a DCA

 

dx

[BRIGADIER2JCS]

Forget the ''myth'' always sign a SAR it is a lawful request for your personal data, would yuo like someone else to access your data??? Also the bank must apply the rules to be sure that the data is being sent to the right person.

[leanne1892]

thanks for confirming this, ill resend the request with a signature, thanks

[leanne1892]

Hi all the SAR was sent off requesting all information held on all accounts,

yet to this day its not been fully complied with Ive had no credit agreements from loans etc,

 

I sent them (natwest) a letter along with also sending it to Triton (inhouse debt team) stating that they had not fully complied with my request sent back in Oct

and that i would not be led into discussion until i had the details requested,

 

the 40 days has now elapsed and a letter dated 9th Jan from Triton states

'We have recieved your letter dated 1st Jan and have deleted your telephone number at your request....

.Please note that your SAR request has been processed and the information will be with you in due course'.

 

I then get a letter dated the 11th Jan from Natwest including copy of statements for my 3 accounts but no details from the loans or credit cards,

the letter goes on to say that in regards to my SAR request i will need to correspond with the relevant team for Credit cards

and goes on to supply a different address, do I need to SAR this team and send a further £10 or just a chase letter?

 

Ive already had correspondance back from mortgage team (stated they dont hold any data as no mortgage with them),

the loans team giving me details on PPI only as stated they are unidated with requests and that thisnis what most SAR requests are after

but ive sent them a chase letter stating this is not adequate and that I want signed agreements

and breakdown of what is owed etc but not yet heard anymore back,

i seem to just keep sending the same letters to all different PO Box addresses and not getting anywhere,

i was under the impression that I had to send one SAR and all relevant departments would action there data,

can the account be put into dispute? if so how?

 

Please help.

[BRIGADIER2JCS]

Ok There is no obligation on the creditor to provide ''agreements'' with a SAR- sections 77/78 of the Consumer Credit Act 1974 is intended for this purpose.

 

You are correct one SAR should provide ALL data on ALL accounts with that company, you need to write a formal complaint to the Data Controller at NatWests London Head Office.

[leanne1892]

Thank you,

 

In my letter from the loans side of it where they have broke down the PPI they state in there letter ' requests of this nature and the majority are to assist in completing applications to reclaim PPI, it appears that your request may be in connection with PPI and rather than complete a full SAR on all your current and historic banking arrangements with us we are able to summarise your PPI details and these PPI details relating to your loans can be found below, if we have misinterpreted your request. and you still want a full SAR or copies of your loan agreements then please let us know' ..... So i sent a letter on 3rd Jan stating this was not adequeate and that i did want the full SAR and loan agreement not heard anymore as of yet

 

So what does a full SAR include? and should i CCA the credit and loans side ?? sorry i am just confused as to what a SAR and CCA entitle me to, thanks

[leanne1892]

also where would i get the data controller address from i only seem to have PO Box address all scattered round the UK.... Thanks

[Let Them Knock]

Thank you,

 

In my letter from the loans side of it where they have broke down the PPI they state in there letter ' requests of this nature and the majority are to assist in completing applications to reclaim PPI, it appears that your request may be in connection with PPI and rather than complete a full SAR on all your current and historic banking arrangements with us we are able to summarise your PPI details and these PPI details relating to your loans can be found below, if we have misinterpreted your request. and you still want a full SAR or copies of your loan agreements then please let us know' ..... So i sent a letter on 3rd Jan stating this was not adequeate and that i did want the full SAR and loan agreement not heard anymore as of yet

 

So what does a full SAR include? and should i CCA the credit and loans side ?? sorry i am just confused as to what a SAR and CCA entitle me to, thanks

 

Standard practice with NatWest. Now you have replied you will probably start getting all sorts of odd letters from various departments. Eventually they will send you some very basic information and a letter saying other departments will send information separately.

 

They really are useless at SARs - mine went 3rd October and the first pretty useless bits arrived last week.

[leanne1892]

That seems to be the case with me too random letters but no actual information, normally 40 days is given what can be done once this time has elapsed?? Thanks

[BRIGADIER2JCS]

I always send anything like SARs or CCA requests to the Bishops Gate, London address addressed to the Data Controler, it avoids the useless ''tasked'' teams messing around with bits of data from all over the place.

[leanne1892]

Thanks, seens as Ive already sent the SAR request off would i simply just send them a chase letter to this address at Bishops Gate?

[leanne1892]

Hi all update on the issue and advice required.

 

I sent a letter off to the Bishops Gate address (2nd class not recorded) and heard no more,

 

then a letter today came dated 20th Feb from CapQuest stating they have been appointed (what does this mean?)

by RBOS to the outstanding balance of £17,364.30

 

This consists of:

£13858 Loan

£2088 Overdraft

£1418 Overdraft

 

I also however have two credit cards with the natwest that seem to keep getting ignored,

they never sent me any details about the credit cards in my SAR request

and the amount is not included in the amount with Cap Quest,

why would this be?

 

Ive stressed in letters to them that I will not instigate into conversation until all details requested in the SAR

where supplied to me or the £10 returned

 

yet again nothing gets sent about the credit cards,

 

these credit cards are on my credit file along side all the other natwest debts,

 

just wanted to see how to proceed with this?

 

Thanks

[dx100uk]

appointed means trying to fleece you

they dont OWN it - ignore them.

 

if the SAR is missing data

 

send them proof from the CRA file

 

along with a failure to comply letter

 

dx

[leanne1892]

Ive sent off the failure to comply letter due to missing data linked to the two credit cards held with Natwest but not heard back about this apart from two stand alone letters one being:

 

Recieved on 20th Feb 2012 from CapQuest stating they have been appointed by RBOS and have been instructed to consider litigation by 21st March.

 

Second letter dated 6th March from HL Legal solicitors stating capquest have appointed them and that if the account is not paid in full or a satisfactory proposal for settlement in received by 20th March court proceedings MAY be issued.

 

I am confussed where i stand with this debt as i dont know who is actually dealing with it and what letters to send etc, the debts they are chasing me for is a loan and two overdrafts which they have supplied details for in the SAR request but they have failed to comply fully by not sending me credit card info aswell (as they have supplied all details for the said accounts they are chasing do i have to conform or can i demand full compliance for all accounts regardless of which ones they are chasing payments for??)

 

I am not in the position to offer anything of great amount so what they class as satisfactory proposal will be nothing compared to my idea of it so unsure how to proceed.

 

Shall I make an offer?

Await full compliance for all accounts from SAR request before doing anything?

Something else....

 

I have only just started a new job so not got any benefits updated (some are currently held to stop overpayment as I am now working more hours my income has increased) and I am up the wall so I cant even confirm how much income i will be on until all has been confirmed but need to get all this sorted once and for all.

 

Any help is greatly appreciated, thanks

[BRIGADIER2JCS]

The bank is obliged to send data on ALL accounts you hold with it, so tell the the SAR is unacceptable as it is incomplete.

[leanne1892]

Are they still able to chase me for the debts that they have complied with? as they have complied with the loan and sent all details linked to the two accounts with overdrafts and thats what caquest are demand repayments on, they never refer to the cedit card debt but I dont know why? (i am assuming they avnt got the paper work) so they have just chased the ones they can prove?

 

shall i resend the failure to comply letter and state I will not engage further regarding ANY debts with them until its all been actioned?

 

Thanks.

[BRIGADIER2JCS]

No compliance with a SAR does not prevent a creditor/DCA from carrying out all collection activities.. it really hasn't got anything to do with the bank proving what they can or cannot rely on, it is a straight forward request for information.