Current Account Defaults (Charges)

JodieUK

I must add I have a strange address - one that not all systems pick up (you know when you put a number and post code in and it automatically generates it) so it leads to a bit of confusion - however its a real address i live here and I always manage to sort it - my fear is each time i have contacted them the people I have been speaking to dont know what to do or something and so it just doesnt get done properly.

still - back to the default surely without the written notice, and the farce with teh address change I have a case for getting it removed!?

J x

natweststaffmember

JodieUK wrote: »

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)

Did you you change it on a number of occasions because I have seen that mail being returned prior to the change of address, ie letter sent out on one day then change of address and then original letter sent back to the branch leading to a gone away marker being placed on the account. I would contact them and complain based on the above.

Jamesf81

Getting back to the original post!!

At the time it was written into Terms and Conditions that they agree to abide by the Banking Code. Terms and conditions are legally binding to both parties so not to abide by the Code is a breach of their T&C's.

As for the Data Protection Act, companies are to hold all data for a period of no less than 6 years. Banks cannot choose which pieces of information they hold and do not hold. Copies of notices of intentions should be held on file as well as everything else to meet DPA requirements.


The Data Protection Act 1998, in the data protection principles, sets legally enforceable standards for organisations. The principles require, among other things

, that:
• personal data is processed fairly and lawfully;


If cusotmers have not received the appropiate notices and timeframe to remedy it then the default has been added unfairly and contravenes the ICO's guidance. Which has been agreed as industry standard.

If they are going to start piping on about legislation lets start to discuss the legislation that states defaults should be held on file for 6 years. Thats right there is none. It has been agreed as industry standard just as the guidance on how defaults should be registered has.

How can a company prove it was sent out unless they sent it recorded delivery? Its all good and well saying something was sent. Unless an organisation can substantiate data they send to CRA's then it is breaching the DPA to place it on file.

Under the DPA an individual has the right of access to a copy of the information comprised in their personal data.

It is not the charges themselves i am getting at. My point is the majority of defaults registered by banks for current accounts have been a direct result of overdraft charges and the like.

Thats when i come back to my original question of how many people have received a notice of intention and been given 28 days to remedy it before banks have placed the information on file.

natweststaffmember

Jamesf81 wrote: »

Getting back to the original post!!

At the time it was written into Terms and Conditions that they agree to abide by the Banking Code. Terms and conditions are legally binding to both parties so not to abide by the Code is a breach of their T&C's.
I am going to check that out tomorrow because I do not have the current terms and condition of my account to hand but I have never been aware of the fact that it states that within the terms and conditions but the contract is governed by UK law and the banking code is not UK law. I will hold back on saying it doesn't especially as I have not looked at this point you make in detail
As for the Data Protection Act, companies are to hold all data for a period of no less than 6 years. Banks cannot choose which pieces of information they hold and do not hold. Copies of notices of intentions should be held on file as well as everything else to meet DPA requirements.
There is no timescale as laid down in the DPA about the time a company can hold information on you. You would need to look as far back as 1971 for guidance on data retention and the Lord Crowther Report(I have never seen a copy of this either but references to it).
The Data Protection Act 1998, in the data protection principles, sets legally enforceable standards for organisations. The principles require, among other things

, that:
• personal data is processed fairly and lawfully;


If cusotmers have not received the appropiate notices and timeframe to remedy it then the default has been added unfairly and contravenes the ICO's guidance. Which has been agreed as industry standard.

If they are going to start piping on about legislation lets start to discuss the legislation that states defaults should be held on file for 6 years. Thats right there is none. It has been agreed as industry standard just as the guidance on how defaults should be registered has.

How can a company prove it was sent out unless they sent it recorded delivery? Its all good and well saying something was sent. Unless an organisation can substantiate data they send to CRA's then it is breaching the DPA to place it on file.
Most banks charge a default fee so it would suggest that a letter was sent out.
Under the DPA an individual has the right of access to a copy of the information comprised in their personal data.

It is not the charges themselves i am getting at. My point is the majority of defaults registered by banks for current accounts have been a direct result of overdraft charges and the like.
I don't think I would disagree with you
Thats when i come back to my original question of how many people have received a notice of intention and been given 28 days to remedy it before banks have placed the information on file.

I'm not sure your post is necessarily in the right part of the forum because we are discussing bank charges reclaiming and not the validity of a default. I will look at the T&C's of my account but the Banking Code is not a piece of legislation that is legally binding in a court of law so am not sure how I as a consumer would deal with this in a bank charges reclaiming issue.
Default removal is different to bank charges reclaiming imho.

Jamesf81

Hi

Just want to add to the above.

That using the above argument that a notice of intention was not received before the default was issued i have now had defaults removed from both Nationwide and Natwest.

Both admitting the correct procedure had not been followed.

While it does not gain the bank charges back the caused the defaults i feel having them removed is just as valuable in its own way.

So if you have no record of any default/notice of intention giving you the full 28 days then challenge it.