Natwest Loan***Resolved***

[Wandsworth2015]

I had a natwest loan which I defaulted on,

I missed the first payment Nov 2009,

it's now stating settled on my credit file

and no debt collectors are chasing me.

 

It took Natwest 24 months from Nov 2009 to issue the default notice

and therefore, the account that should now be removed from Equifax,

but because of the delayed DN, it's not due to be removed until Nov 2017.

 

I sent a CCA request nearly three weeks ago and have yet to have a response.

 

What action could I take in order to have the default date changed and the account deleted from my file?

[dx100uk]

you missed the first payment but did you thus pay the debt off?

[martin2006]

what does the credit file say re last payment?

 

If its 2 yrs before the DN was issued then you can write to complain to the ICO.

 

I have had success with this in the past where a default was placed yrs later than it should, the ICO ordered it to be removed and it was removed, account gone forever

[Wandsworth2015]

The debt was never paid off and Equifax states that Nov, Dec 2009, and Jan 2010 were missed payments and the DN issued 24 months after that.

 

Thank you, I will contact the ICO, looks like the way forward.

[martin2006]

If your certain nothing else has been paid since jan 2010 then it should already be gone from your credit file.

In addition to writng to ICO, place a complaint with each of the cra's. They probably wont do anything but it will help in your complaint to ICO if you can show youve tried to have it corrected.

The complaint will be along the lines of extending the Limitation period by delaying issuing DN and thus harming your credit worthiness for longer than the 6 years

[Wandsworth2015]

Not paid them since Oct 2009, but the 24 month DN is keeping it there until Nov 2017... I've contacted Equifax and I'm writing to the ICO

[ericsbrother]

it is a tactic that some companies are using, they dont default on the debt until waaay after monies actually become due and they claim that they need up to 6 years to exhaust their own processes, making the debt appear on your files for up to 12 years. genuine attempt to seek a resolution or abuse of process? The ICO is looking into it.

[Wandsworth2015]

I defaulted on the debt and contacted the creditor to state this was happening, the loan was provided to a business but secured in my name, Natwest would not have provided it otherwise.

 

The business went into administration and the administrators suggested this course of action, my contacting them made it clear this was the course of action being taken and the agreement would be immediately breached.

 

I agree, it's a tactic to keep them on file for 12 years, the guidelines need to be much clearer

[martin2006]

This link was posted to your other thread WW but i think has great relevance here

 

http://www.bailii.org/ew/cases/Misc/2011/23.html

[Wandsworth2015]

A response from Natwest and equifax.... now I can raise a complaint with the ICO

 

Thank you for getting in touch.

 

Natwest Personal Loans has investigated your query and has told Equifax the information you were disputing is correct and will remain unchanged. This information is supplied by the company and Equifax cannot change it or remove it without their authorisation.

 

The lender has stated the following:

Having checked the credit files this account defaulted in October 2011 so the account will not be removed until October 2017.

 

If you want to query this information further you will need to contact the company directly.

 

The note that we added, stating that your information was in dispute will be removed within 24 hours.

 

You’ll find more information about your credit report at: http://www.equifax.co.uk/help . If you have a question, you should find the answer in our FAQ section. If not, you can send us an online query, and attach your documents to it – no need to worry about them getting lost or delayed in the post.

 

I hope you find this useful. If there’s anything else we can do for you, please let us know.

 

Kind regards

 

Equifax Customer Services

 

The European Commission operates an “online-dispute resolution platform” to assist with resolving consumer complaints. A link to the platform, including more information about how it works, can be found here http://ec.europa.eu/consumers/odr.

 

However we think that our own complaints handling procedure (including your statutory right to complain to the Financial Ombudsman Service) will resolve your complaint faster, for more information please see https://equifaxuk.custhelp.com.

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?467556-Conflicting-advice-from-the-Credit-Industry...err-the-Information-Commissioner

[Wandsworth2015]

Thanks for that information Andy,

 

I've now had feedback from the ICO, after 8 weeks of waiting. Their response is as follows:

 

Unfortunately without a copy of your correspondence raising your concerns about the accuracy of the entry specifically with NatWest I would be unable to consider this matter further.

 

If you are concerned with NatWest's compliance with the Consumer Credit Act (CCA) you should contact the Financial Conduct Authority on 0800 111 6768 (freephone) or 0300 500 8082.

 

I sent a CCA request by registered and recorded post, including the required postal order to Natwest requesting a copy of the default notice and the agreement, I received no response from them.

 

 

I escalated this to Equifax to have them contact Natwest to change the information and see if I could get a response, they did response to Equifax stating nothing will change.

 

I'm therefore in a statemate position, I have a default notice raised 24 months after the cause of action, and I want it changed, any idea how I escalate this?

[AndyOrch]

" Unfortunately without a copy of your correspondence raising your concerns about the accuracy of the entry specifically with Natwest I would be unable to consider this matter further."

 

Why does he not have copies ?

[Wandsworth2015]

They do, what they are stating is that I've not explicitly challenged Natwest directly with regards the default time in the letters they have.

 

My issue is that I have, I've sent correspondence and that last was a CCA request because they ignore my correspondence, they ignored the CCA request as well.

 

So I went to Equifax, who contacted Natwest, Natwest responded to Equifax stating there is nothing wrong and won't change anything or contact me directly.

 

So I'm somewhat perplexed with the ICO isn't interested.

[AndyOrch]

I can understand that...they are all in it together anyway...I would just respond to that letter and restate that he appears to not understand...and that all correspondence with NW has been enclosed.State that you are rather disappointed at his reply and understood that the ICO office were impartial and in place to ensure all data reporting was correct...see how he responds to that.

[Wandsworth2015]

nice, I will proceed as you suggest and lets see what happens

[Wandsworth2015]

After pressing the ICO case officer, they responded today as follows:

 

"In light off the further information you have provided I have now contacted Natwest for some further information."

 

Seems if we pressure them they do something...

[AndyOrch]

[Wandsworth2015]

I saw their response to be:

 

Dear Sir,

 

 

It's clear you aren't going away and don't like to give in, the ICO will therefore contact our client to ensure you don't cause a public nuisance and if needed, do as you ask to protect our relationship with the banks and future clients.

 

[Wandsworth2015]

The ICO has found in my favour and NATWEST have now updated the default date to be two years earlier, in short the default and settlement date are now 8 years old and it's therefore been deleted from all credit files and my credit rating is excellent and just short of maximum for the first time in 7 years, thank you very much to the CAG community, another victory for me.

[AndyOrch]

The ICO has found in my favour and NATWEST have now updated the default date to be two years earlier, in short the default and settlement date are now 8 years old and it's therefore been deleted from all credit files and my credit rating is excellent and just short of maximum for the first time in 7 years, thank you very much to the CAG community, another victory for me.

 

Amazing what you can achieve when you word the bullet correctly.

 

Well done I will mark your thread as resolved.

 

Regards

 

Andy