Natwest Default Removel - No response to agreement request

[kiri260180]

I was wondering if anybody was able to help me.

I sent a request for my original agreement from Natwest on the 24 April 2007 with a £1 fee.

I have heard nothing in response to this and it has now been 30 days.

I originally sent the request as I want to remove my default - am I right in thinking that as they have not replied in 14 days the agreement is now un-enforceable if this is the case does this mean that they cant carry on with supplying my information to the credit reference agencies?

If this is the case then what do I send them and how can I try to enforce that they remove the default?

Anyway help would greatly appreciated - kiri260180

[lookinforinfo]

Kiri, you ae probably better waiting for a couple of weeks more.

at the moment NW are in default by not providing you with your copy of the

executed agreement. As such they are not allowed to pursue you for the debt.

But on the 11/12th June they will have committed an offence and then they

will require a Court Order before they can restart proceedings against you.

Do not write to them reminding them of the CCA request.

 

After that time if they still have not supplied the correct peperwork you can

cease payment to them.

 

As they cannot provide the documents, you can demand that they remove

your default. point out to them that failure to comply with your request will

result in a complaint to the Information Commissioners Office and I am sure

that NW will appreciate that they will then face a criminal record and a fine

but just leave it at the threat of reporting them to the ICO, do not mention

the fine and the criminal record..

[kiri260180]

That is great I will hold on a for a bit longer then -I wasn't quite sure.

 

I dont actually owe them any money I did it to get the default removed as even though I had charges on my Credit Card it wasnt the reason why I got the default so I thought that would be a weak argument.

 

I will lie in wait and see what happens - and let everybody know the outcome.

 

Thank you, kiri

[lookinforinfo]

Ah Kiri, that is a different matter.

As you have now paid off the amount, they are not obliged to observe your

CCA request.

By the sound of it, you still have an account with them? If that is the case

it will make it very difficult to get the default removed.

Why was the default registered if it wasn't for you missimg payments/not

paying the required amounts?

 

PS As you have incurred charges, you could send them an sar to find out how much they have charged. Since most of the charges are

unlawful, you could then reclaim them.

[kiri260180]

The default was put on my account after I did not pay for a couple of months but I paid the account off a couple of months ago.

 

The account is now closed.

 

Does this mean then that when the account is closed they can still process my data but they dont have to provide me with an original agreement?

 

I have already asked for my charges back but there were only a couple.

 

Thank you for your help, kiri

[lookinforinfo]

As you have closed the account you have to approach the removal of the

default from a different angle. It will depend on the terms of your original contract, and those terms are often governed by the start date of your

account. Generally speaking, the more recently you opened your account,

the more comprehensive the terms and conditions relating to defaults etc.

 

However, most contracts do not have a condition that they can continue to

process your data after the account has closed. Nor can they claim that

they have a legitimate interest in doing so once you no longer have an account with them.

 

It still may take a bit of pressure before they finally relent though. Your

first letter should point out that in view of you only missing a couple of payments and nothing more thereafter, plus you paid off the amount pretty

quickly that you feel the default was a bit harsh in the first place. And now

that you have closed your account, they no longer have your permission to process your data.

Point out that you are determined to have the default removed. That you

are prepared to go to Court if necessary.

If they feel they can continue to process your data, ask them to provide the Act that legally allows them to do it.

 

[As you have already claimed back the charges, they may dig their heels

in for that reason too.]

[kiri260180]

That is absolutley brilliant - thank you so much!

 

I opened the account in 1999 so I think I might have a fair chance with the T&C's - hopefully

 

I will have a go and look around for any similar threads and I will let you know how I get on. I only had £72 worth of charges so it was not a huge amount - so maybe if I wear them down they may relent!

 

Fingers Crossed and thank you again for all your help at least I know in which direction to go down.

 

kiri260180