Natwest have just defaulted a Bank Account after years on no use by me - help

[CapoFort]

Hi guys,

 

already got some help with a CCJ from you guys and was hoping for some advice for another issue,

yes I have god awful money management skills but learning slowly

 

in 2004 I had a current account with a overdraft facility with Natwest which I longer could make payments for.

So I stopped using it and opened a an account with another bank and forgot about it.

 

What the issue is that on my credit file with Equifax the debt is still listed.

 

The start date of the debt is listed as 2006.

It shows that until Jan 2014 I was up to date,

even though I have never made a payment,

and then in May 2014 a default notice was placed on the debt.

 

I have contacted Equifax to query the dispute.

 

I explained the start date is inaccurate.

the fact that until jan 2014 it shows as up to date is inaccurate

and because they showed it as up to date for so many years

they were able to put a default notice in 2014 on it.

For a debt that is statue barred.

 

Equifax will now query with Natwest but I want to know what happens if Natwest dont respond and what I can do to remove it.

[Bazooka Boo]

You can place a notice of correction against the incorrect entry, and ultimately you can take legal action against them (the bank) for defamation, which the last time I heard stood at around four figures in compensation if proved the data is being reported incorrectly.

 

But the ICO would need to have a stab at it first before you considered any legal action.

[dx100uk]

theres nowt to say they cant put a default on a debt over 6yrs old

esp a bank account.

 

 

this could be more difficult than it looks.

 

 

you certainly need to get an sar running to NatWest and get all the statements.

 

 

that way you'll have proof it was in the red for years...it was wasn't it?

[CapoFort]

When you say the ICO needs to take a stab at it, what would that involve?

 

I read somewhere that it is not possible to default a debt that has passed the statue of limitation so thats why I thought you cant default a debt after 6 years.

 

It seems what they have done is state the debt was up to date for around 10 years even though I never paid a single penny towards the debt which is inaccurate information.

 

Spoke with Equifax to raise a dispute and they are contacting Natwest but they will probably ignore it.

 

if that happens then what would be the next steps?

 

Contacting ICO or sending the SAR template?

[martin2006]

SAR Natwest

Complain to Natwest about incorrect data reporting

If no Joy report to ICO

[CapoFort]

I am hoping I may have found a way out of this, fingers crossed though i maybe wrong

 

I contacted Natwest Recoveries dept. I told firstly I had no knowledge of this debt as it is extremely old

 

I then stated that Banks have a legal reuirement to privide accurate information, that stating I was up to date on my debt for 8 years every month contrives the Data Protection Act and also the ICO guideline of when a default can be placed which should be a maximum of 6 months of non payment

 

because according to experia stating the account is up to date means one of the following

 

• Your account is in credit.
  
• Your account is not overdrawn.
  
• You are managing your account within the terms of your agreement.
  

none of which is true.

 

Not sure if the guy understood really what I meant but he tried to get into contact with their own credit reference agency to check, couldnt get through but he said he was going to send an email to that dept.

 

Told me to check my credit file on Tuesday and it should have been amended, or I have to call back to their recoveries to see what notes are placed.

 

So sounds good but will have to see

 

living abroad right now so sending SAR and letters not possible right now

[Bazooka Boo]

ICO guideline of when a default can be placed which should be a maximum of 6 months of non payment

 

It ''used'' to be the case that defaults had to be marked in a timely manner, and in any case within six months from the default occurring, however I'm pretty sure that has gone out the window.

[CapoFort]

thats a shame. so basically I am screwed if they dont change it out of their volition

[Bazooka Boo]

Yes, they should be reporting on your account accurately, however, all they have to do is correct their mistake and mark your files accordingly.

 

If you're saying that it wasn't in credit, overdrawn or managed within the T&C's of your agreement, then I don't see how that will help you?

 

I'd stay off the phone in future, the telephone jockey won't do anything they said they would, all they want to do is get you off the phone as soon as, and if that's telling you what you want to hear then that's what they do.

 

Keep everything in writing, unless you can record your calls?

[AndyOrch]

What date did you last actually service the account...IE make a deposit CapoFort ?

 

Some useful links.....

 

http://www.scoronline.co.uk/sites/default/files/high_level_prinicples_document_final.pdf

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/117/117-credit.html

[CapoFort]

What I meant was that NatWest stated wasn't in credit, overdrawn or managed within the T&C's of your agreement.

 

But it was overdrawn. I have not used that account since 2004 from what I can remember, then I opened a new account with Co-Op, ironaically for ethical reasons, and forgot about the NatWest one.

 

So to answer Boos question the last time I made a payment to that account ot used in any way must have been in 2004.

 

Normally I would stay off the phones but I am not in the UK at present so sending letters is not pss, normally I would record the conversation but forgot to start the program before I rang, stupid me I know wont make the mistake again

[martin2006]

an account should be defaulted after 3 payments have been missed

[CapoFort]

Actually I was completely wrong. The account I didnt use since 2004 was a Lloyds tsb account I used to have.

 

The total debt is £2584 though my overdraft was £2000 so assuming everything else is charges.

 

I contacted Natwest and was told the last debit from that account was march 2014. Which considering I have been banking with the Co-Op since March 2013 and have been out of the country since Jan 2014 I pointed out cant be possible.

 

they will be sending me the last 6 years of statements. I changed my address with them so they now know I live abroad which I hope makes it easier dealing with any issues with them.

 

Was also told the account is now being serviced by Apex Credit Management. but they have not sold the debt on, they are merely working as agents.

 

I have not been in contact with Apex yet, will wait until I have my statements so at the very least I might be able to have the deault pushed back and have the charges wiped out..

 

But in terms of dealing with Apex and trying to make a settlement offer is it slightly different because they have not bought the debt for peanuts?

 

Though to be clear at the moment it seems no one is chasing me for this debt.

 

It just I have a CCJ which will expire August 2020 and need to make sure I dont get another CCJ and being completely useless with money management dont know th ebest way to avoid that

 

thanks again for all the help so far, this seems the last hurdle I have before

[AndyOrch]

" I have not been in contact with Apex yet, "

 

And I hope you never do contact them:oops:

 

Andy

[CapoFort]

yeah but i might have to as I want this sorted and hopefully being out of the country makes them more pliable to a low a F&F settlement as from what i understand they cant chase me

[AndyOrch]

If I was living abroad they wouldn't even get a F&FS:-)

[CapoFort]

hahaha honestly I feel the same way, its just finding out I have a CCJ already and cant get any form of credit or mortage for the next 5 years put me into shock