Natwest default

[dayglo]

ok - you should have still received a 'notice of issue' from northampton if you did it via mcol. but to be honest, for the sake of a day either side, it doesn't really matter. I'm more interested in the outcome of your call to natwest! let me know.

[mummy2sam]

Just got off phone from Natwest. Well that was a waste of time, they dont have details of how they come about the offer, just that and i quote "that is the offer and you either accept or decline". Charming attitude!

 

I thought while speaking to them i would ask them why they dated it 2nd Feb and posted 7th and i received 9th. They said "is that a problem", i said "no, however, you acknowledged my claim on 08.02. Where you waiting to see what i would do?", she said "probably".

 

This is getting funnier by the minute.

 

Also been on MCOL, nothing on there to indicate when they have to reply

[dayglo]

hmm - did you establish whether it was for 1 or both accounts though (I suspect not) - that is a pretty important fact even if they are not prepared to discuss how the offer is made up.

[mummy2sam]

She would/could not tell me, she said that i would have to speak to the infamous Mr Higley. So i asked for him and guess what, he is out of the office today. I dont think he exists.

[mummy2sam]

Just finished 4th cup of coffee and need to go out and do some retail therapy shopping. Being on Maternity leave is killing my hubbys bank balance, never mind, he got me in the club in the 1st place, or at least that's what he thinks!!!! I cannot wait to get back to work! I shall log on when i get back, probably after lunch.

[dayglo]

ok then. I suppose you are going to reject the offer then or partially accept in writing explaining about the other account?

 

anyhow... about this default.

 

I'm not an expert in the court process by any means but I think it would be bad form to tag on additional elements of your claim via an N244 especially as you have not given them 'reasonable' time beforehand by including default removal on your letters.

 

therefore, for what it's worth, I would continue with the charges claim minus the default info until it's conclusion.

 

Whilst you wait, read, edit and send off the template S.10(1) notice below

 

Credit Management Services

NatWest Bank

Kendal Court

Ironmasters Way

Telford

TF3 4DT

 

 

 

Statutory Notice pursuant to Section 10 of The Data Protection Act 1998.

 

 

Account holder:

 

Address:

 

Whereas I have been customer of Natwest Bank since xxxxx for the purposes of the above mentioned accounts and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

 

Therefore, take notice that I require that you cease from processing within 21 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party.

 

This Notice is served on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

Signed,

 

Name

 

Dated this xth day of February, in the year two thousand and seven.”

 

I think that is the most sensible route to default removal.

[dayglo]

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.

 

LOL!

 

I have three children all under 6. I never said that was my first coffee, and I had to fit in a 2 hour drive to work this morning!

[mummy2sam]

Im back.

 

Thanks for the letter. I suppose now i will have to keep checking my credit file to check that they have removed the default.

 

What happens if they do not, what would be the next step.

 

H

[mummy2sam]

LOL!

 

I have three children all under 6. I never said that was my first coffee, and I had to fit in a 2 hour drive to work this morning!

 

And heres me thinking i had a hard life??????

[dayglo]

Im back.

 

Thanks for the letter. I suppose now i will have to keep checking my credit file to check that they have removed the default.

 

What happens if they do not, what would be the next step.

 

H

 

whoa..... slow down there

 

The process for default removal on it's own is long and tortuous, if you've read any of my 'life back thread' then apart from needing therapy you'll have an idea of how painful it can be!

 

I've just had a bit of lunch, I'm off to make another cup of coffee and I'll try to summarise the default removal process using section 10 data protection act.

 

but advanced warning - natwest will not remove your default without another court claim. Just writing letters won't cut it I'm afraid, but it can be done.

[mummy2sam]

I really do appreciate all this help. You will have to give me an address, so when this is all over i can send you a big bunch of flowers and choc's.

[dayglo]

The main story of default removals, as told by CAG, begins really around last summer with a guy called Surly Bonds. You’ll find plenty of references to his ‘template letters’. He fired a few of us up to tackle the issue of default removals for settled debts where a contract has ended. Loads has happened since then and if you can bear with some of the light hearted nonsense posts from time to time then my ‘mission to get my life back’ thread is a reasonable record of the arguments as they developed over the Autumn & Winter.

The main conclusion so far appears to be:

1) send a notice to cease processing data because it is causing you damages and or distress

2) Wait 21 days (statutory period for the data controller to comply)

3) File a claim at court as per your rights under section 10(4).

Here are some general points, thoughts on defaults.

 

There are 2 types of default.

 

1) as defined by the Consumer Credit Act. This is a sheet of paper that must contain certain pieces of information before any creditor can take further action to recover a debt such as pass it to a DCA or similar. Other than the aggro of falling behind with payments/debts and being passed into the murky wolrd of DCAs there is no automatic link to 'defaults' on your credit reference file which currently hurt you for 6 years regardless of wether you settle the debt or not.

 

2) Defaults as defined by Credit Reference Agencies are markers or flags on your credit file and can be placed there by creditors, lenders etc at will without recourse to any legislation whatsoever. It is merely their view that you have 'defaulted' on some credit account. They do not have to send you a piece of paper, they don't even have to tell you about it - they just have to take reasonable steps to ensure that it is accurate.

 

Section 10 – Data Protection Act

Now then - S.10(1) notices are to stop data processing where it causes substantial damage and distress and that it is unwarranted etc....

 

let's look at section 10 in more detail to understand exactly what it is you are trying to achieve.

Quote:

10. - (1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons-

 

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

(b) that damage or distress is or would be unwarranted.

(2) Subsection (1) does not apply-

 

(a) in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or

(b) in such other cases as may be prescribed by the Secretary of State by order.

(3) The data controller must within twenty-one days of receiving a notice under subsection (1) ("the data subject notice") give the individual who gave it a written notice-

 

(a) stating that he has complied or intends to comply with the data subject notice, or

(b) stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.

(4) If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent), that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit.

 

(5) The failure by a data subject to exercise the right conferred by subsection (1) or section 11(1) does not affect any other right conferred on him by this Part.

 

DO NOT CHASE THIS UP UNTIL THE 21 DAYS HAS EXPIRED.

 

after this period, simply exercise your right under S.10(4) and ask a court to order them to comply. They will have had their chance to explain why they haven't but it will be too late.

 

Make sure you can prove that a) the processing of data is causing you substantial harm (increased cost of credit etc.)

 

when you’re ready to file at court (after the 21 days has expired) download your N1 form here

 

use the following PoC

Quote:

The Claimant had account (A/C No) with Defendant from (Date) conducted on their standard terms and conditions.

 

It is the Claimant’s contention that:

 

1.The Defendant, as a data controller, is processing the Claimant's personal data without consent.

 

2. The Claimant sent a notice under s.10 of the Data Protection Act 1998 on 2 October 2006, requesting the Defendant to cease processing his data, on the grounds that it was causing unwarranted substantial damage and distress.

 

3. The damage and distress relate to the Claimant having to pay higher interest rates on credit agreements and the inability to obtain new credit arrangements or to obtain a mortgage.

 

4. The Defendant continues to process the Claimant's personal data through their data processors of Equifax, Experian Call Credit and any other Credit Reference agency employed by the Defendant.

 

5. Accordingly the Claimant claims:

 

a) An order that the Defendant ceases processing the Claimant’s data under Sections 10 (4) Of the Data Protection Act

 

 

b) Compensation at the courts discretion under s.13 of the Data Protection Act 1998

 

c) Court costs;

handover 150 of your finest pounds and wait. Do not contact them again!

[dayglo]

I really do appreciate all this help. You will have to give me an address, so when this is all over i can send you a big bunch of flowers and choc's.

 

you big softy!

[mummy2sam]

Thanks. I think i understand that. I will send my letter today to Natwest, or do you think i should wait for the claim to finish. I would prefer to do it now while i am all fired up and also have the time. Wont have when i go back to work and will be put to the back burners so to speak!

[dayglo]

Thanks. I think i understand that. I will send my letter today to NatWest, or do you think i should wait for the claim to finish. I would prefer to do it now while i am all fired up and also have the time. Wont have when i go back to work and will be put to the back burners so to speak!

 

no i'd do it now. this is a long process though!

[mummy2sam]

Thanks. Just printed it out and in the envelope now. Just got to get my backside off the chair to go and post it i suppose.

 

Just before i do move from the chair, what are the chances of having it removed. Do you have to prove that it is damaging to family credit etc? and will i have to attend court?

[dayglo]

that's a difficult question. I would say 50:50 chance of removing it without a court hearing.

 

I had a default removed from natwest shortly after issuing my n1 but that was in the summer before the banks had chance to get their act together.