Default notice - Natwest

thenightporter

Hello,

We are setting up a CCCS debt management plan due to start in May.

We have a loan with Natwest and have never missed payments. We received this letter from Natwest regarding the loan after just one month of token £1 payments. The first page is entitled "Formal notice of intention to file a default" and the second page appears to be a formal notice of Default!

My first question is, given the information in the pictures below, have they defaulted us?

They have also said in the second page (that appears to be the default notice) that interest will still be applied. Can they still do this if they have defaulted us?

My last question concerns our options. I consider an early default to be good, should I just carry on with the token payments and continue to tell them about our CCCS plan, assuring them it will start in May, or should I request a CCA from them as a pre-emptive measure against a CCJ (while still paying token payments)? Will "CCA"ing them just wind them up?


Pictures removed.

PS I have already sent them the second token payment.

bank_of_slate

Hi Nightporter, I don't have the answer but stick around as someone will be able to help you.
It's a quiet weekend on here at the moment.
...Linda xx

Deep_In_Debt

I had default notices before starting my dmp and just ignored them. Nothing has happened since, apart from creditors accepting my dmp. I just informed them in writing that I was starting a dmp and that they would hear from CCCS shortly.

Peekay32

I heard somewhere that it's law that creditors have to issue a default notice when someone goes on a DMP

jaapie

bump I would like to see if anyone knows anything about this.

10past6

The first one you can ignore, the 2nd one is what you need to pay attention to.

It's an official default notice, sadly, on viewing it, it complies with currant legislation.

I also suggest you delete the links, there's information on them that COULD identify you, i.e the amount and date to comply.

thenightporter

Thanks everyone - good point re amount and date 10past6. removed links to be on safe side as I seem to have the information I require now. 10past6 - given that the second letter is a default notice do you (or anyone else for that matter) think I should ask them to provide a CCA?

10past6

thenightporter wrote: »

should ask them to provide a CCA?

You can request a CCA at any stage, problem is, it depends who shoots first, in that, as they've started the termination process within your agreement, a CCA whether enforceable or not won't do you much good at this stage.

What was the date on the 2nd document you posted, the date that document was printed?

thenightporter

27th of Feb was the date.

So if they've started default proceedings there is no point in asking them for a CCA to hopefully prevent them getting a CCJ? Why?

VanillaDelia

If you are going on a DMP you are likely to get a few defaults from your creditors, we have a few already and although it is not nice to see them on your credit file, I dont see how it matters. You are going on a DMP for reason and so whether you get defaults or not you are not going to be applying for any credit in the near future. As you will probably know they stay on your file for 6 years from the date of default, but you may be on a DMP for longer and if you were to go for an IVA later, you will prob be on that for 5 years, sometimes more. That of course depends on the amount if debt you have which must be over £5/6K to be allowed on a DMP, You will probably see the defaults leave your file before your debt is clear.

10past6

thenightporter wrote: »

Why?

Because under a CCA request, they only need to send the signed agreement, be it enforceable or not.

What you need to send is a SAR (Subject Access Request) this covers all information they hold on you, including statements and should include your CCA agreement.

A SAR costs £10.00 and they have 40 days to comply.

The difference between a CCA & SAR at this stage, if they've stated within the default notice they MAY commence legal proceedings, then you need to be one step ahead, any irregularities within the SAR can be used as part of your defence, should they commence legal proceedings.

Here's the SAR, oh btw, I notice you may seek advice from CCCS, do not involve them should any creditor commence legal proceedings against you, post here FIRST.

Data Protection Act 1998 Subject Access Request


Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have found to be acceptable.