Natwest CC reclaiming

whizzkid001

Can someone remind me....

When an account is being disputed ie you are claiming charges back on a credit card, what is the old Banking Code regulation that stipulates the bank should not chase you or issue default notices etc whilst in dispute?

Also, is there an equivalent reg in the Lending Code?

natweststaffmember

whizzkid001 wrote: »

Can someone remind me....

When an account is being disputed ie you are claiming charges back on a credit card, what is the old Banking Code regulation that stipulates the bank should not chase you or issue default notices etc whilst in dispute?

Also, is there an equivalent reg in the Lending Code?

It's on my signature, hang on while I get it from the link, lol.

natweststaffmember

Only reference I have is with regards to the Credit reference agencies:

"35. Subscribers can give CRAs default information about a customer’s debts if:
• the customer has fallen behind with their payments
• the amount owed is not being disputed by the customer; and
• the customer has not made a proposal that satisfies the subscriber for repaying the debt following the
subscriber’s formal demand."

I think you need Debt Collection Guidelines.

whizzkid001

natweststaffmember wrote: »

Only reference I have is with regards to the Credit reference agencies:

"35. Subscribers can give CRAs default information about a customer’s debts if:
• the customer has fallen behind with their payments
• the amount owed is not being disputed by the customer; and
• the customer has not made a proposal that satisfies the subscriber for repaying the debt following the
subscriber’s formal demand."

I think you need Debt Collection Guidelines.

That's fine Nat, section 36 goes on to say that 28 days must elapse before info can be given to the CRAs so they've already fallen foul of that one.

Story was, I applied for CC refund a month ago. Just a week later, they sent me a default notice. They obviously knew the sum was in clear dispute but still elected to send it.

Anyway, several days after the notice had expired, they agreed to refund me virtually the whole amount I owed on the card. So despite the default notice being for an amount well covered by the refund they paid, they've already registered it with CRAs and won't remove it.

Now intend to go to FOS and say:

1) they improperly terminated my account as a direct result of my penalty charges claim;
2) they sent the default notice wrongly in the first place, knowing full well the sum was in dispute, re S35 Lending Code;
3) they have registered it with CRAs before the 28 days have elapsed for me to remedy re S36 Lending Code;
4) notwithstanding the above, the default notice was for a sum which has anyway been more than fully repaid by the penalty refund;