Reverse a Default Notice?

Rex_Mundi

Seeing as it looks like the bank caused you to over your OD limit because of charges. You need to include in your court claim a removal of any defaults they've entered against you.

Banks are more loath to remove defaults than pay the charges. In your situation, if you get to issue a court claim, and the bank offers your charges in full, and removal of any defaults before the hearing. I would still insist on going to the hearing, and showing the judge the offer from the bank. Get him to enter the settlement offered as a judgement. This means the bank can't back out from removing the defaults once you've stopped the case.

dealornodeal_3

Nickmack I think Natwest just dont know how to deal with Customers these days,whether you hold any type of accounts with them!

I had a good relationship with them for over 33 years, and fell out with them for trying to open up a Savings account which they messed up. I honestly feel that they havent been the same since being taken over by RBOS!

I think that if they dont start to put their house in order soon, then they are going to lose customers to rival banks! One of their branches I entered last week, I was jumped on along with other customers asking for I.D. I didnt think that this was a communist state yet!

Mutchy

I haven't read all the responses because i don't have timeright now so apologies if i cover the same ground someone else has been over.

Firstly If you have defaulted on you bank account because of the overdrawn situation and have recieved written confirmation of such then its going to be too late to have this default removed, the bank has decided to end their relationship with you and will not budge on this now so don't bother trying to have this lifted from your credit record. I know that really sucks but its almost certainly a fact unless you can come up with some seriously convincing mitigating circumstances for your situation or can prove somehow that they have done something wrong (charges aside).

There is such a thing as a NOC (Notice Of Correction) which anyone can add to an entry on their credit file with Experian and or Equifax (the two main credit bureaus). Unfortunately Credit lenders do not pay any attention to such entries and often all they serve to do is draw the lenders attention to the initial default.

The good(ish) news is that if you don't have the amount of money you need to pay the in full (which I assume you don't?) then by law they must accept a written offer from you (including a financial statement of your ingoings and outgoings) for any amount which you can afford.

My advice to you is make such an offer for as little as you can possibly justify (for example 5 pounds per month). get a new banking facility elsewhere ( bank report to your credit file on a monthly basis so there will some lag in your default appearing so act quickly). Then continue with your claim for the charges which you WILL win and have the last laugh...

Good luck and Best wishes

Mutchy

claytonvn

Ok,

Thanks to all the opinions and advice given

Correct me if im wrong, but these are the steps I should take

1) When I get the call from the Manager of the Customer Relations Department tomorrow, I should give them a offer to resolve the situation via paying them (instalments) to clear the account over a set period of time.

2) As Tomorrow, my deadline is complete, still with no offer from Natwest to give me my money back, I should goto court and start proceedings against Natwest.

If this is what you suggest I do then Ill do it, otherwise tell me more, should I ignore their request for payment and file the claim or pay the money and file the claim after.... What would you do?

Mutchy

Correct that is exactly what i would do. The two things are seperate issues. Make them an offer verbally and then confirm in writing for as little as possible (interest and charges should now be frozen) and proceed with Court proceedings.

natweststaffmember

I have read a lot of the responses on this thread and FWIW and a bit late, I would write state that the amount is in dispute because you cannot default a disputed amount. I would then total the charges and follow the step by step guide and then you will get your money back.

an aside to this, NatWest has seen massive improvements since RBS tookover, ie real time banking, upgrading computer systems, branch refurbishments, newer branches opening, stopping the old NW dinosaurs closing branches, branch telephoney, uk call centres only. Our Scottish friends ain;t all that bad

JJMax

Hi,

I've been reading these forums for some time now, and they have been extremely helpful in pursuing two successful claims against Capital one and HFC.

Brief background before my query. I had an Amex Blue card a few years ago. I was introuble financially at the time, and the acccount defaulted. I hold my hands up to being foolish and it was the wake up call I needed to sort my finances out. This was in July 2003, and in the following months and years I have worked hard to clear debt and get myself in order. I am pleased to say my total debt stands at 1/3 of the figure it was when I defaulted. However, this defalut is coming back to haunt me. My rating has improved sufficiently so that high street banks will lend me credit, but I've run into problems recently with mortgage applications. My history means that I cannot get a mortgage with a decent rate with less than a 10% deposit.

So my question is: When claiming charges back from Amex (approx £500), do you think I could use the "without prejudice" section of one of the template letters to ask for the default to be removed from all appropriate credit reference agencies in exchange for waiving my right to claim charges back?

Apologies if this has been posted before, I did a search, but could find no similar queries. Many thanks in advance for help.

mickyfinn_2

Hi all

I have successfully reclaimed bank charges back from the Abbey. However, i now have a default on my credit rating. This was issued prior to my putting the account in dispute but i didn't realise it was on there until after i had settled. The amount of the default is far less than the Abbey settled for and all the letters i have read have said to write and say that you didnt have notice of this default but i did.

Is there any way i can get this removed as the default was completly due to charges.

Thanks

Edinburghlass_2

Can't find much on defaults at the moment, just this thread which may help.

richmulch

Has anyone been defaulted on other accounts held with the banks after they have claimed!!
I am currently claiming with HSBC for over £4k, i have a loan with them that i am two payments behind on although these are august and september payments i have been paying on time since but have not been able to afford to pay the catch up does anyone know the rules on defaulting people.

i have read of a couple of people who have found defaults on accounts after they have failed especially with credit card companies without them being notified.

Any advice would be appriected !"!