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Getting Default Removed??


Moustacheman
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Hello all, hopefully you can assist me.

 

I am in the latter stages of a claim with Natwest (I have received AQ from the court and a 50% offer, so should hopefully receive a full offer in the next week or so)

 

Natwest defaulted my account approximately 9 months ago due to me not being able to repay my overdraft (£1,100.00). In the letters that I have sent the bank regarding my claim, I have included the removal of the default notice as part of the claim. (Total claim value £3,146.00).

 

If I get a full offer soon then how do I play this?

 

Do i refuse it unless they remove the default or do I accept and then chase the removal of the defualt as a separate thing?

 

Do I even have the right to request the removal of the default?

 

I have 2 other defaults on my credit record, Natwest Credit Card and Barclayard and I'm going through the same process of reclaiming my charges however these are in the early stages.

 

If you can advise it would be greatly apprieciated.

 

Thanks in advance

 

Moustacheman

15th June 2006 - Requested Statements from NatWest

30th June 2006 - Received Statements

15th July 2006 - Preliminary approach sent for £2,156 in charges & £351.78 in interest on those charges

22nd July 2006 - Received standard response from Stuart Higley - Saying get lost

29th July 2006 - Letter Before action sent

8th Aug 2006 - Standard response saying Get lost

7th Sep 2006 - N1 Form Submitted

25th Sep 2006 - Claim Acknowledged by Cobbetts

11th Oct 2006 - Defence Entered by Cobbetts

11th Oct 2006 - CPR 18 Request from Cobbetts, letter sent to Cobbetts

3rd Nov 2006 - Deadline for Allocation Questionnaire

3rd Nov 2006 - Allocation Questionaire Submitted

5th Nov 2006 - Received Copy of Cobbets AQ

7th November 2006 - FULL AND FINAL SETTLEMENT RECEIVED!! CHEQUE FOR £3239.92!!!!

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If i understand you correctly the removal of the default was not mentioned in your claim at court?

 

if you haven't mentioned it on your claim from you cannot insist on it being removed unless you revise your claim i believe.

 

I am not certain if you can revise claims at this (AQ) stage.

 

Basically if they offer to settle your claim as per the Particulars of claim without conditions then i don't believe you can refuse their offer.

 

So in effect if you haven't put this on your claim then you cannot without amending the submitted claim, insist on the removals of the default.

 

If this is the case give the court a ring and see what they say, if they do let you amend it i believe it will cost a £35 and need the courts permission.

 

If i have this wrong id be pleased to know.

 

JMHO

 

Glenn

 

If y

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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