Natwest default

[mummy2sam]

Hi, Hope someone can help.

 

I am in process of taking Natwest to court for unlawful charges. Long story, but i have submitted my claim through MCOL. They have now acknoweldged claim and offered a lesser amount. What i wanted to know is, if i accept, how can i ask them to remove the default notice from my CRA file. The reason i am in default was because of all the charges they kept applying to my account, i just walked away and went with another bank.

 

Do i have grounds to ask them to remove the default? Has anyone got a template letter for doing so?

 

Help please would be much appreciated.

 

thanks

[mummy2sam]

Hi, Hope someone can help.

 

I am in process of taking NatWest to court for unlawful charges. Long story, but i have submitted my claim through MCOL. They have now acknoweldged claim and offered a lesser amount. What i wanted to know is, if i accept, how can i ask them to remove the default notice from my CRA file. The reason i am in default was because of all the charges they kept applying to my account, i just walked away and went with another bank.

 

Do i have grounds to ask them to remove the default? Has anyone got a template letter for doing so?

 

Help please would be much appreciated.

 

thanks

 

Hi, Would really appreciate some help on the above question?

 

Thanks.

 

P.S I have decided not to accept the settlement and carry on with the claim, which i put in on 31.01 and they acknoweldged on 08.02 and sent me a settlement letter dated 02.02 but did not receive until 09.02. Does that make sense.

 

Hope someone can help me with regards to the default notice on my credit file.

 

Han

[dayglo]

did you include default removal as a condition for your charges refund claim?

 

if yes, then you're ok - just insist that that is what you require.

 

if no, then you can't really just tag it on later without going through the 'amendment to particulars of claim' process which requires a further fee and completing an N244 form.

[mummy2sam]

did you include default removal as a condition for your charges refund claim?

 

if yes, then you're ok - just insist that that is what you require.

 

if no, then you can't really just tag it on later without going through the 'amendment to particulars of claim' process which requires a further fee and completing an N244 form.

 

No i didnt. How do i go about it now and what wording do i use on the N244 form. All help would be much appreciated.

 

Thanks

[dayglo]

I'm not sure I can help much but from what I understand you have 2 options.

 

amend your claim using N244 (Number6 posted advice on my thread here - maybe you could amend it to suit your case http://www.consumeractiongroup.co.uk/forum/legalities/29293-dayglos-mission-get-his-27.html?highlight=amendment#post380515

 

or

 

2) start a new claim using 10(1) notice to cease processing data likely to cause substantial and unwarranted damage/distress etc.

 

Given that the standard template letters include default removal, did you delete these sections on your letters?

[mummy2sam]

I'm not sure I can help much but from what I understand you have 2 options.

 

amend your claim using N244 (Number6 posted advice on my thread here - maybe you could amend it to suit your case http://www.consumeractiongroup.co.uk/forum/legalities/29293-dayglos-mission-get-his-27.html?highlight=amendment#post380515

 

or

 

2) start a new claim using 10(1) notice to cease processing data likely to cause substantial and unwarranted damage/distress etc.

 

Given that the standard template letters include default removal, did you delete these sections on your letters?

 

I used the standard letters from Moneysavingexpert.com and i they didnt mention anything about default removal. To be honest, i didnt think to include it in the claim, i thought i could just write to natwest or bring it up in court and ask them.

 

I shall have a look at the link you gave me, perhaps i could do it that way.

 

Thanks for your help

 

H

[dayglo]

ah - ok I understand.

 

In many cases, banks consider keeping the default in place more valuable than your settlement figure.

 

At what stage is your court claim? have the defendants produced a defence?

 

You have two options

 

1) try to use a N244 to amend your claim to include removal of default or

2) begin a new claim by issuing a S.10(1) notice

[mummy2sam]

ah - ok I understand.

 

In many cases, banks consider keeping the default in place more valuable than your settlement figure.

 

At what stage is your court claim? have the defendants produced a defence?

 

You have two options

 

1) try to use a N244 to amend your claim to include removal of default or

2) begin a new claim by issuing a S.10(1) notice

 

I put the claim in on 31.01, they acknowledged on 08.02. The settlement letter was dated 02.02 and posted 08.02 and received 09.02. I think they did this as if to say "lets wait and see what happens, if she puts a court claim in, we will send settlement letter". Would not suprise me!!!!!

 

Also, do you know if they have 28 days from 31.01 or 28 days from when they acknowledged (08.02).

[dayglo]

Also, do you know if they have 28 days from 31.01 or 28 days from when they acknowledged (08.02).

 

actually it's neither of these two dates!

 

it is 28 days from the date the claim is 'deemed served' - this is typically 5 days from the day you put the claim in.

 

You should have received an 'acknowledgement of service' form from the court. This will contains the dates in question.

 

do you know on what basis they offered a lower amount?

 

this seems a little unusual for Natwest (although it's been a while since i claimed from them)

 

is it a straightforward charges plus 8% interest or have you claimed contractual interest or anything else that makes your claim unusual?

[mummy2sam]

Not sure. I have claimed charges, interest @ 8% (used calculator on Moneysavingexpert - which is the same one as on here) and then on the claim form interest on a daily basis @ 0.55 (thats what it worked out to be).

 

On the default question, i have just looked at the template letters and do you mean SAR, as that was the first letter i sent, but it does not mention default notices etc.

 

My claim was for two accounts: one joint @ £365.93 (301 without int) and single @ £2117.81 (1836.13 without int).

 

They offered as a "gesture of goodwill" £2110.00. I would have accepted this if it was not for paying out £120 in court costs. That is why i think that they did the letter and had attitude of "lets wait to see what she does!".

 

Also all my letters have stated both account numbers and two different sort codes. Their offer letter only details the single account number and sort code. Even the acceptance form they want me to sign details this and not the joint one. Could i accept this and then carry on claiming for the joint one? or should i accept it as partial offer? or should i carry on claim and not accept. So many "should i's".

 

If i do accept as partial settlement, do i have to tell court and how do i do that, do i just write a letter.

 

I really appreciate all this help that you are giving me.

 

H

[whizzkid001]

Could you all start your own thread, thanks.

[dayglo]

good morning whizzkid. I'm sorry I don't quite follow you? this is mummy2sam's thread and I'm the only other person that has posted in it

 

have i missed something?

[whizzkid001]

Morning! Oops I do humbly apologise, had mine up as well and....sorry!!!!

[mummy2sam]

Could you all start your own thread, thanks.

 

Good morning. This is my thread and Dayglo has been helping me.

[mummy2sam]

Morning! Oops I do humbly apologise, had mine up as well and....sorry!!!!

 

never mind. So many people posting it is hard to find your own threads let alone anyone elses.

 

Are you going through the same thing then?

 

H

[dayglo]

morning mummy2sam or may I call you H?

 

just give me a minute to make my cup of coffee and I'll be right with you!

[dayglo]

Not sure. I have claimed charges, interest @ 8% (used calculator on Moneysavingexpert - which is the same one as on here) and then on the claim form interest on a daily basis @ 0.55 (thats what it worked out to be).

 

ok - I'm not familiar with the mse ones but I can imagine they're pretty similar and what you have done makes sense.

 

 

On the default question, i have just looked at the template letters and do you mean S.A.R - (Subject Access Request), as that was the first letter i sent, but it does not mention default notices etc.

 

no i don't mean the SAR. The prelim letter here (the bits in red) is what I was referring to. It's probably a bit late to go back to this stage now! The reason I was confused at first is that I'd assumed you'd used the letters from this site and therefore you would have had to conciously delete the stuff about defaults. If the mse ones don't have default info in them then that makes it all clear now!

 

My claim was for two accounts: one joint @ £365.93 (301 without int) and single @ £2117.81 (1836.13 without int).

 

They offered as a "gesture of goodwill" £2110.00. I would have accepted this if it was not for paying out £120 in court costs. That is why i think that they did the letter and had attitude of "lets wait to see what she does!".

 

how odd. I can't find any combination of the two claims (with/without interest and court fees etc that come to their offer figure). Do you feel confident enough to phone them and ask (apols if that's an insulting question, it's not meant to be! some folk are really apprehensive about speaking to these people on the phone for fear of agreeing to all sorts!)

what the basis of their calc is and have they considered one or both accounts?

 

Also all my letters have stated both account numbers and two different sort codes. Their offer letter only details the single account number and sort code. Even the acceptance form they want me to sign details this and not the joint one. Could i accept this and then carry on claiming for the joint one? or should i accept it as partial offer? or should i carry on claim and not accept. So many "should i's".

 

this would suggest captain cock up is firmly ensconsed in Natwest's offices at the moment! I'd just phone the number on the offer letter and see what the deal is. Don't agree to anything there and then, just get clarity and them come back here!

 

If i do accept as partial settlement, do i have to tell court and how do i do that, do i just write a letter.

 

There are some 'partial acceptance letters in the library here there might be something that suits your needs. Yes you should tell the court what you have done if you accept a partial settlement.

 

I really appreciate all this help that you are giving me.

 

you're very welcome.

[dayglo]

I'll post some more about default removal in a bit!

[mummy2sam]

Just received copy of Acknowledgement of service, which is dated by Cobbetts Solicitors as 7th Feb. Does that mean they have 28 days from this date?

 

H

[dayglo]

somewhere on the ack. of service it will say - "deemed served date" - it's 28 days from then.

[mummy2sam]

Just read your post. You get up late (obviously dont have small children!) By the time you have made your coffee, ive had 3.

 

Thanks for all the advice it is really helpful

 

Its stupid i know, but i hate using the phone for my things, but at work i get more results by phone.

[mummy2sam]

No, it just says " an Acknowledgement of service of your claim has been filed today, a copy of which is attached. The defendant now has 28 days from the date of service of the claim form to file a defence".

 

on the copy of ack of serv, it says date of signing.

[dayglo]

oh ok. my mistake - it should say on the 'notice of issue'

 

your claim was issued on x

the court sent it by first class post on y and it will be deemed served on the z.

 

The defendant has until x to reply. can you find that?

[mummy2sam]

I dont have a notice of issue as i did it online. I shall check online now and come back to you.

 

I am about to phone natwest as well.

[mummy2sam]

nO