2 default notices

[BRIGADIER2JCS]

It appears that DNs have been issued in the past But Not followed through because attempts were made to rectify,

 

the account the relationship finally broke down completely in 2013

 

a DN was issued and not rectified then the default was place and reported to the CRA.

 

IMO there is nothing here that suggests that this default is unfair and could be removed.

[Gilly35]

Thank you for your response.

 

The account defaulted in 2010 then a PPI claim meant that it was running ok until around July 2011,

 

from that point the account was on a debt arrangement of £5 per month.

They continued to send me the DFN but did not actually DF the account till 2013.

 

Would I not have a case to ask that the DFN be set from when the account finally defaulted in July 2011?

 

I was honest with them at that point.

I explained my brain tumor and that returning to work would be unlikely for at least a year, so they knew that the account would not be paid at that point.

[BRIGADIER2JCS]

My guess is that the Nationwide decided not to place a default at the time of your illness to avoid further stress for you, and you did state that you could not pay for a year or more and they have with held any action over that period of time in the hope payments would restart, the default finally being placed in 2011.

 

There no overwhelming reason for the default to be back dated.

 

A Default Notice is really just to inform you what can happen if the default situation is not remedied, this is entirely at the creditors discretion.

 

There is only an extremely thin chance that the bank might back date as a "gesture of good will" you would need to write to them at director level to try this.

[Gilly35]

Really? Devastated!

 

I had defaulted on an overdraft and a credit card as well and both of them posted defaults in 2011...this means that I will be another 5 years before I am out of this mess.

 

It seems so unfair,

how am I ever to get back on my feet with this taking another 5 years?

 

At this rate I will be in my 40's before I can even buy my own home

 

Also I have read that they should really post the default 3 to 6 months after the account defaults and posting one later is unfair but legal

[BRIGADIER2JCS]

As said an appeal for a gesture of good will to a senior exec of NW might have a slim chance.

 

That is from the ICO Guidance Document and the key word is "should" but it is the creditor that decides to place the default or not.

[Gilly35]

Ok thank you I will give it a go, nothing to lose now I guess. Thank you for all of your help

[BRIGADIER2JCS]

My suggestion is to write to Graham Beale the CEO and state your case as clearly as you can and ask for the default to be back dated.

Also I would suggest that you take a look at the "new" conditions being applied to mortgage applications.

[Gilly35]

Great thank you

[BRIGADIER2JCS]

Great thank you

 

Hello Gilly as per PM, try this.

 

For the Personal Attention of:

Mr Graham Beale

CEO Nationwide.

 

Ref: Account No. xxxxxxxxxxxxxxxxxxx.

 

Dear Mr Beale,

 

I refer to my Personal Loan Account reference xxxxxxxxxxxx, which was defaulted on xx.xx.xxxx

after a period of non usage due to my serious illness of which Nationwide was informed on xx.xx.xxxxx,

 

 

as you will see this account has been through various stages with default notice issued

and the default remedied on at least 2 occasions seemingly to the satisfaction of Nationwide.

 

The purpose of this letter is to seek a "gesture of goodwill from Nationwide in regard to the default finally placed on the account on xx.xx.2013.

 

 

I am seeking to have the default date put back to the date in 2011 when I informed Nationwide of my inability

to make payments for at least a year due to serious illness.

 

I am now attempting to rebuild my life and my credit profile which is difficult with a default showing in 2013 when I think the default actually occurred in 2011.

 

I would appreciate your early and favourable reply.

 

These are my suggestions please amend delete as you see fit.

 

Brig.

 

 

Signed for post.

[Gilly35]

Hi this has been a long running thread that I need a little more advice on.

 

The situation is that Nationwide issued a default on my account in Feb 2013.

 

Having looked at my CRF and raising a SAR I have figured out exactly what happened:

 

January 2011 - I contacted NW to inform them I was seriously ill and had been made redundant on medical grounds.

They agreed £5 monthly token payment for a 12 month period

 

February 2011 - Started monthly payment of £5

 

May 2011 - Applied for PPI redress on account

 

September 2011 - PPI redress applied to the account including interest that Nationwide recorded as a cheque payment to the account

- At this point they said that the account was once again performing,

although I was still making the £5 minimum payment (?)

 

February 2012 - PPI money runs out on the account and Nationwide say the account is once again defaulting.

I continue to make the £5 minimum payment

 

February 2013 - Nationwide issue a Default to my credit file

 

December 2014 - Write to Nationwide saying that the Default date is unfair and not a true reflection of the account

 

January 2014 - Nationwide write back.

In the first paragraph they say that the default date is fair as I was making the full payments to the account for 6 months

between September 2011 and February 2012.

 

I asked Nationwide what the cheque payment on my account was for in September of 2011 as I had no means of paying the account.

There answer in paragraph 2,

 

we paid the cheque into your account for interest from PPI on your loan.

I never made any more than £5 token payment since February 2011 but they default me 2 years later...

 

.I am really struggling to see how this is fair or allowed.

 

How can I be struggling to pay, they are told by the ombudsman to repay PPI

but use it to prolong my punishment for not paying the debt.

 

If I have to give up on this fight then fine, but I really feel that I have been treated unfairly.

 

Any advice?

 

Thanks

[Gilly35]

Hi can anyone advise me on this letter from Nationwide. I have had numerous fights with them about the date of the default. Now they have sent this letter but I am not sure what it means nor where I stand

[BankFodder]

I think that you need to show us the letter

[Gilly35]

Yes sorry currently trying to upload it

 

Here is the letter.

 

A bit of background.

Loan was taken out in 2004.

 

Account went into arrears in January 2011 but default was not issued until 2013.

 

I have sent letters protesting the late default but got nowhere.

Out of the blue last January they sent me a letter saying they were reviewing charges to the account.

 

Late last year they sent another letter saying they had set charges that were wrong and refunded me the charges (no compound interest or anything).

 

Now this letter has arrived.

I am really not sure what this letter is saying.

 

I currently pay this debt on a debt management plan.

All advice welcome

nationwide.pdf

[dx100uk]

Three threads since 2014 on same subject merged

[Gilly35]

Thank you that is a big help

[dx100uk]

All this means is you can stop payments

 

Who else are you paying thru the dmp

[Gilly35]

Lloyds and Marks and Spencer

[Gilly35]

But it is not a debt management company it is a debt advisor charity

[dx100uk]

Still a DMP

 

What debt types are they

[Gilly35]

Sorry I don't know what you mean

[unclebulgaria67]

Type of debts e.g credit card, loan, store account, current account ?

[Gilly35]

Ah one is an overdraft the other a credit card

 

Both of which drop off my cf this year

 

What I am wondering is, if NW are saying that the debt is unenforceable then how can they also say that I am a defaulter?! How can I default on an agreement if they are saying that the agreement is void?

 

anyone?

[dx100uk]

Makes no odds

Let em fall off

[Gilly35]

But this one still has another 2 years to run!

This has been my point all along.

NW defaulted me much later than the other creditors even though I defaulted all 3 at the same time.

 

 

Now NW are saying the debt is unenforceable.

..Firstly what does this actually mean?

I assume i still owe the money bit they can't chase me in court.

Secondly does the default still stand?

[dx100uk]

Both of which drop off my cf this year