My Wife vs Natwest

[cplsn82]

We are just about to start a claim to CC for charges. The wife had a default recorded against her. This was because of the charges. Just realised that there is nothing in the POC that covers the removal of the default from file. What text do we use and where do we put it? Please reply soonest.

[hedgey06]

Hi mate......... welcome on board the nat west forum!!! You should find everthing you need to know on here http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/69359-cant-find-what-youre.html but if you can't find it, post back on this thread and somebody should get back to you pretty soon. Good luck, hedgey xxx

[cplsn82]

Let me rephrase the question, I can't understand it so dont think anyone else can. We have sent:

 

Prelim letter asking for charges back and removal of deafult notice.

LBA asking for charges back and removal of default notice.

 

Deadline has now passed. Just looking at Particulars of Claim and there is nothing in it to say about the removal of the default notice. I note there is a Notice pursuant to s.10 of The Data Protection Act 1998.

But we dont know what that is for. I'd like to issue this claim tomorrow (20/4) if possible. Can anyone give some answers tonight?

[steven4064]

Have you read http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html

 

 

Steven

[steven4064]

Also this thread has a POC with dfault notice removal http://www.consumeractiongroup.co.uk/forum/capital-one/42034-smel-c1-refund-plus.html

 

The relevant paragraphs are as follows:

 

"Claim of the removal of the Default Notice

 

- The served Default Notice is unsubstantiated: the defendant bank did not supply an original notice of Default at the time of the served notice data being passed to third party Credit Reference Agencies.

The defendant bank refused to supply a copy of the Default Notice served on this account and failed to supply a copy of the original credit agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) when requested to do so. In addition to this the defendant bank refused to oblige within the 28 days specified (copies of communication attached).

 

- The Default Notice has been applied unlawfully: where I, the claimant consented in my contract with the defendant bank to the disclosure by the bank 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 the bank of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

The passing of personal data to third parties relates wholly to the implementation by the defendant bank of charges which have been applied to my account in respect of contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by the bank as a consequence of the said breaches are contrary to The Common Law.

As a result of the unlawful passing of personal data this Default Notice served has also affected my credit rating and my reputation and has caused substantial damage and distress to myself, my credit rating and my financial status. In respect of this I, the claimant am claiming £120 in damages through retention of accounts with higher interest lending companies being that the Default Notice kept lower interest lenders dissatisfied with my credit rating."

 

Hope that helps

 

Steven

[steven4064]

The corresponding sentence for the brief Particulars of claim as follows:

 

"In addition to this I, the Claimant claims the removal of the Default Notice served against this account by the defendant bank on the basis that the Default Notice is unsubstantiated and also occurred as a direct result of the disproportionate charges applied to this account and that the total charges exceeded the account credit limit."

 

Steven

[steven4064]

All of the above text may not apply but you should be able to use some or modify to suit your situation

 

Steven

[Guest NATTIE]

I should just add something BankFodder has stated, if the amount of the charges are higher than the amount on the default then removing it will be fine to do.

[cplsn82]

The bank has settled out of Court for the full amount, but they have not removed the default, What now?

[WendyB]

Not sure on this one myself, but will bump it up for you, one of the legal eagles will be on later(or ealier!) I'm sure..

[hedgey06]

Bump again