Nationwide maladministration

vapourA

I wanted to share my saga with Nationwide and an old debt that I do not even know is real.

Back in 2002 I had a lot of problems and a lot of debt I couldn’t manage. After defaulting on my Nationwide Credit Card, they froze my current account and the hole in the wall ate my card. With no access to my wages, things went downhill fast.
All the calls and debt became a blur, too much to get in order. I ended up with a broken relationship and sold the house to pay my loans, cards and mortgage arrears.
When I started rebuilding, I got my credit reports to ensure everything was in hand. I went in to Nationwide several times to check my accounts were ok. I spent years paying off a few final debts.

Then last summer I get out of the blue a letter from Fredricksons DCA demanding £9,000 for a debt to nationwide. I checked my credit reports again and they were clear. Nationwide head office refused to talk to me as I could not pass the DPA checks after so many years. I went into the branch and an assistant took my complaint. I explained that I had paid off everything I owed and showed them my credit files over the years.

Then out of nowhere a default dated June 2009 appeared on my Experian report. A reply came from Nationwide some time later. They say they forgot about the current account they froze. A linked e-loan had been taking payments out of it and issued a default notice in May 2003. They said they realize it must have been a shock to hear from them but they wanted the debt paid – half of it being charges they have been adding since 2002. They say they were writing to my old address – the one they knew I had moved from as the mortgage was with them!

I got everything they hold on me through a Subject Access Request and there was almost nothing on the account they say I should pay. They have had a new system since 2004 and older records are not available they are telling me.

I sent the statute barred responses. I had not made a payment or acknowledged any debt for over 6 years. They agree and I have this in writing from them. But they said that their writing to my old address meant it was not statute barred. I insisted. I demanded the new default be removed as it was not within 6 months of the causing action and they agreed to delete it within 14 days. They put in the letter that they had no intention of taking legal action but did want to come to an arrangement with me. The default got deleted and I didn’t hear from them again.

Until this week. The June2009 default has gone back on my credit report and I got a letter from CCS Collect threatening doorstep collection. I have sent Nationwide a strongly worded letter demanding permanent removal of the illegal default notice as agreed by them previously. I have also sent the Statute Barred letter to CCS Collect.

It amazes me that they freely admit that poor administration on their part has resulted in this situation. Yet it continues! I refuse to let their incompetence ruin another 6 years of my life when I have spent the last 6 getting it in order. It's not acceptable.

GeorgeUK

Quite right for not backing down and standing your ground. Well done.
You're spot on with the dates too.
The date of the default entered on your credit file must be within 6 months of the actual default of the agreement.
A debt will be statute barred and unenforcable 6 years (5 in Scotland) after the last acknowledgement of the debt (in writing or by making payment)

If they refuse to remove the default, i would write a complaint to the Information Commissioner Office. You have given them plenty of time to sort this out so you are well within your rights to move this forward.

DarkConvict

I sent the statute barred responses. I had not made a payment or acknowledged any debt for over 6 years. They agree and I have this in writing from them. But they said that their writing to my old address meant it was not statute barred. I insisted. I demanded the new default be removed as it was not within 6 months of the causing action and they agreed to delete it within 14 days. They put in the letter that they had no intention of taking legal action but did want to come to an arrangement with me. The default got deleted and I didn’t hear from them again.

Only you making payment or written acknowledgement, affects the statute barred date, simply put they are talking out there *rear end*. You do not owe the money, send the 2nd template and ignore them - http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3 (bottom of this post)

If a creditors wishes to secure a debt in absence of contact with the debtor, they must get a CCJ. They failed to this within 6 years, so it is statute barred. FOS won't help out on this as they do not seem to acknowledge the limitations act, but you can complain to the FOS anyway as they deal with banks and DCAs.

As to the default they must send it in writing, and place it within 6 months, get in touch with the OFT to verify, and the ICO to force removal!


Edi - GeorgeUK has beaten me to it

vapourA

Thanks GeorgeUK and DarkConvict.

Too many consumers get bullied by collection teams and DCAs. It isn't going to happen this time. I refuse to be the victim of illegal activity, bullying and incompetence!

Rico6.9

Did you ever consider suing for £5K in the Small Claims Court? Damage to credit reputation. Quote Durkin v DSG & HFC.

DarkConvict

Rico6.9 wrote: »

Did you ever consider suing for £5K in the Small Claims Court? Damage to credit reputation. Quote Durkin v DSG & HFC.

What happened in that case?

vapourA

That is exactly what I plan to do if they again fail to sort out the mistakes.

Rico6.9

DarkConvict wrote: »

What happened in that case?

I was awarded £8K just because HFC ruined my creditworthiness. Sadly I needed to go down the Ordinary Cause route due to an additional specific claim (super stressfull, expensive and exceedingly long process - still waiting for appeal judgement) £5K available with the much less stressfull and cheaper small claim. Not to be sniffed at.