Current Account Default

[stenson19]

lo all,

 

I have sent all my letter in to natwst and they have just sent a letter back saying

thier is no proof on the account but i have sent letter from all my creditors

stating im in arrers and ther for in hardship.

 

where do i go from here. the letter says as their is no evidence

through the account my claim for hardship can not be upheld

Edited December 29, 2008 by maroondevo52

[woodwa5]

It's almost a waste of time going through this charade with Natwest

because no matter how 'textbook' a hardship case is they will just say you're not

and provide no evidence to back-up their decision.

 

However if you want a fighting chance I would suggest sending them your income/expenditure

list plus any other evidence you may find. I would also suggest downloading the FOS

[woodwa5]

sorry i meant fsa definition of hardship and going through which paragraphs apply to you and then quote it in your response:

 

http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/disp_monthly.pdf

[yourbank]

Stenson, I think the edit may have slightly thrown some of us off the case. Do you use the NatWest account at all? Is that your main account or not? Woodwa has beaten me to the link which is on my signature. Totally agree with his advice in post 3.

[stenson19]

After obtaining a copy of my credit report

I notice a new default had appeared that had not been on another other report from the same CRA.

 

It was a default from Natwest from back in 2009.

I sent them a request under the CCA, but they replied saying their not obliged to which is fine.

 

I then sent them a SAR on the 14th May 2014.

Did not get a reply withing 40 days so then send another letter allowing them another 7 days.

 

On the 6th day i got a response saying they do not have a copy of the letter

and they are not obliged to sent me one.

 

They have not treated my a request as a SAR as they have to be in a certain format.

 

I then sent them a letter back advised the only reason I wanted a copy

was to check if it was properly executed as I never received a copy.

 

I also explained that a SAR request does not have to been in a particular format and attached the ICO guidelines.

 

They have just issued a final response ignoring my comment on ICO guidelines with the SAR

being a particular format and again confirmed they are not obliged to provide me with a copy

and only have to provide they date it was sent.

 

Where do I go from here?

 

I can provide all the letter between me and Natwest if needed.

[dx100uk]

sorry what are you after the DN?

 

an sar is a legal request for all info a bank holds on you.

for a £10 fee.

 

click the sar.

 

it explains all

[stenson19]

I understand the purpose of a SAR and I have sent them a letter explaining I am entitled to a copy of the letter and also explained the only reason I want the letter is because I did not receive the original and to ensure the default was executed as per the ICO guidelines.

 

They then emailed back saying that they have not treated my request as a SAR as its has to be in a particular format which after investigating their comments is nonsense according to the ICO information sheet on requested a SAR.

 

That have also advised they only need to provide me with the date it was executed and they don't have to provide me with a copy, which I don't understand as how can they prove then it was properly executed.

 

The only reason for this default is because they failed to close my a/c and as a result have charged me for a d/d boucnig and they this has snowballed unto £450 ish before they then closed the a/c due to inactivity and charges i guess.

[stenson19]

yes it was a current account with a overdraft. I believed the a/c to be closed in 2009 and the balance being 0.

[dx100uk]

there is no remit for them to send a copy of the default notice

 

all they have to do is to provide proof one 'was' sent

 

that would be in the comms log.

 

dx

[stenson19]

How can they prove then they they complied fully with the ICO rules on default notices and if they cant then how can they upheld the default.

[dx100uk]

I don't think that a default notice is even needed to a current account.

 

have you got all the statements?