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Default by Natwest on debt from 2001!
jeebeeb
Posts: 16 Forumite
Hi. Hoping somebody can help me with this. Last year, I checked my equifax credit file and discovered Natwest card services had been adding late payment markers to my account since 2006. I contacted them and advised them there must be some kind of error. After initially being unable to find any details relating to me they then insisted the debt was owed. They then advised me the debt dated back from 2001.
I complained to the Ombudsman which was basically a waste of a year. They came back and just advised that the debt was mine and took natwests word for it that they had been sending statements to my address for eight years without taking any further action. I am sure you will agree this seems unlikely. Last month, I SAR'd them and at the same time advised Equifax that the debt was statute barred unless Natwest could prove otherwise. Equifax sent this to them and I was waiting to hear back. This week, I received a letter threatening to hand it over to an external collection agency letter and a default appeared on my credit file. (this was the first chasing letter ever received) And also, no default notice was served. So, where do I go from here. It seems Natwest have pulled out all the stops on this one. Can anybody advise on my next move?
I complained to the Ombudsman which was basically a waste of a year. They came back and just advised that the debt was mine and took natwests word for it that they had been sending statements to my address for eight years without taking any further action. I am sure you will agree this seems unlikely. Last month, I SAR'd them and at the same time advised Equifax that the debt was statute barred unless Natwest could prove otherwise. Equifax sent this to them and I was waiting to hear back. This week, I received a letter threatening to hand it over to an external collection agency letter and a default appeared on my credit file. (this was the first chasing letter ever received) And also, no default notice was served. So, where do I go from here. It seems Natwest have pulled out all the stops on this one. Can anybody advise on my next move?
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Comments
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As it is card services, i assume its a credit card.
They must serve a default notice to add a default.
As such i would get in touch with the ICO and OFT.
ICO will take up the issue of the incorrect data on your credit record, since the credit reference agency will not.
OFT, will take up on their business practices on placing unfair defaults and chasing statute barred debts. Defaults must be placed both lawfully and fairly (within 6 months).
No templates on this really, other than sending a SAR to natwest for all details they hold on you. http://forums.moneysavingexpert.com/showpost.html?p=33791933&postcount=24
Its a matter of talking to the regulators personally.
Other useful letters
1 - http://forums.moneysavingexpert.com/showpost.html?p=33791643&postcount=12
2 - http://forums.moneysavingexpert.com/showpost.html?p=33792153&postcount=33
3 - http://forums.moneysavingexpert.com/showpost.html?p=33792191&postcount=35Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Thanks for the response. I have sent them the SAR form two weeks ago. Within days they had defaulted me (Coincidence? hmm..) and I have not received the data requested as yet. I will get in touch with the ICO and OFT as advised. I have a feeling this is going to be a long battle. Thanks once more.0
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