Current Account Defaults (Charges)

Jamesf81

Hi

According to Section 33 of the Information Commissioner`s Office's guidance on defaults and Section 13.7 of the Banking Code, banks should inform you of their intention to file a default giving you 28 days to remedy it.

In relation to defaults applied due to charges etc has anyone ever received such a notice?

natweststaffmember

Jamesf81 wrote: »

Hi

According to Section 33 of the Information Commissioner`s Office's guidance on defaults and Section 13.7 of the Banking Code, banks should inform you of their intention to file a default giving you 28 days to remedy it.

In relation to defaults applied due to charges etc has anyone ever received such a notice?

Looks like you have posted this on CAG(which I am no longer allowed to post on). The Banking Code went out the window at the end of October 2009.

Jamesf81

Thats all good and well.

But what about up until then, it was very much in place, and so was and still is the ICO's Guidance on Defaults.

Section 33 and 34 clearly states the criteria, a notice of intention should be sent and 28 days given to remedy the default, only then should the information be passed to the CRA's.

Also at that time the Banks were signed up to the Banking code and part of their terms and conditions were to abide fairly by the code. By not sending out notices of intention to file a default the banks have not even abided by their own Terms and Conditions.

natweststaffmember

The code was voluntary mate and how do you prove that they did not comply with that? They would have been sent snail mail and considering the amount of mail lost in the post then you would have to show that they never paid for the stamp.

Jamesf81

If you read it correctly it was voluntary to be part of it mate!! If banks agreed to be part of it then they were legally obliged to follow the code.

Is the Data Protection Act voluntary also and the guidelines the ICO sets out are they voluntary too??

Do you think the courts would accept 'oh it got lost in the post'? They should hold a record of the notice on file. Am sure the courts would expect them to produce it on request.

Bottom line is if banks have not complied by sending out the notice and giving the 28 days to correct it then they are in breach of the Data Protection Act.

natweststaffmember

Jamesf81 wrote: »

If you read it correctly it was voluntary to be part of it mate!! If banks agreed to be part of it then they were legally obliged to follow the code.
Under what law were the legally obliged to follow it since it was never legislated on as being legally binding. They were standards to follow because legally your contract with the bank is covered by various law such as UTCCR 1999, Minors Contract Law 1987, etc, etc,
Is the Data Protection Act voluntary also and the guidelines the ICO sets out are they voluntary too??
The Data Protection Act is an act of Parliament and to be blunt, guidelines are that.
Do you think the courts would accept 'oh it got lost in the post'? They should hold a record of the notice on file. Am sure the courts would expect them to produce it on request.
They would accept evidence that it was sent out. It is not for the bank to prove that it was received, but merely to show that it was sent.
Bottom line is if banks have not complied by sending out the notice and giving the 28 days to correct it then they are in breach of the Data Protection Act.

You and I as a consumer have to prove that and that may be the difficult thing to do. What I have asked is, what does defaults, as such, have to do with the levying of bank charges? If a default is improperly executed, it would not render the charges as wrong.

JodieUK

Hi sorry to use your thread - not sure where to post but hope natweststaff can help.

I have just found out today that natwest have defaulted me (i see ur no longer staff but hope you can help!)

I haven't received any notice - but they have my old address details despite me contacting them on four occasions with new address, they even said today they had no phone number for me but up until Nov last year I had calls from them and havent changed my number.

Now suddenly ive got this default, can I despute it based on them not doing their job properly and simply updating my address!? If I got the notice I would have been straight in touch to sort. :-(

natweststaffmember

JodieUK wrote: »

Hi sorry to use your thread - not sure where to post but hope natweststaff can help.

I have just found out today that natwest have defaulted me (i see ur no longer staff but hope you can help!)

I haven't received any notice - but they have my old address details despite me contacting them on four occasions with new address, they even said today they had no phone number for me but up until Nov last year I had calls from them and havent changed my number.

Now suddenly ive got this default, can I despute it based on them not doing their job properly and simply updating my address!? If I got the notice I would have been straight in touch to sort. :-(

Did you change the address via phone or branch visit?

JodieUK

hi - over the phone
thanks

natweststaffmember

JodieUK wrote: »

hi - over the phone
thanks

Was that via actionline or normal phone line because only ACTIONLINE(or the telephone version of internet banking) can do that.

JodieUK

Hi yes it was actionline - i only ever use that service, i cant understand my credit file has a gone away marker on the defaulted natwest account - and they say they couldnt get in touch with me etc, but it also shows the arrangement to pay marker prior to the default being applied - surely thats proof alone that I was in contact with them, i hadn't 'gone way' and it was at this time that i highlighted my address details needed to be changed (yet again)