Default and charges notification

PaulDesmond

Hi I am going through a battle with Natwest credit cards. This has gone on for a year now. I have filed a claim with the courts. It is at the last 2 stages. Mediation and then in court.

I was defaulted in October 2009 for being over limit. I never received the 2 letters. One sent 5-Oct-2009 and the second sent 5-Nov-2009.

I asked for a SAR (subject access request). They are not in there. I was involved with the FOS ( Financial ombudsman service
). I asked them to get these documents. They have received a letter from Nat West stating that they can not provide them but they were definatly sent.

2 years earlier I was charged over limit charge for Jun-2007 and Jul-2007. I never received any letters and they are not in my SAR.

The second one (that being Jul-2007) for being over limit. I was not over limit but was still charged. They said on the phone "It is company policy to charge over limit fee on the second month because most customers do not repay the over limit".

You could not invent a story line like this. But I have heard the following from someone else...

[FONT=&quot]We are unable to reproduce this document as it is a system generated letter; therefore, we are unable to supply a copy of the original default notice as requested.


[/FONT][FONT=&quot]This was a notice for default not the £12 fee for over limit but is it valid that they do not have to provide this even to a JUDGE?[/FONT][FONT=&quot]

[/FONT]

chanz4

they are correct they don't have to provide a copy, only details of one been issued even the fos will tell you that

PaulDesmond

Ok thanks for your help. If they invented the fact without proof then the Judge would have to believe them. I tape all telephone conversations. A month later (that is Nov-2009) I entered into a debt relief order (DRO). As I was unemployed and informed by national debt line, the £90 would not be returned if my application was un successful. As a computer programmer I made absolutely sure it was OK.

According to the FOS who received their computer data of their internal customer notes. “I on the 16th of November 2009 contacted them asking for them to close my account down. They apparently told me that I would have to pay back all the money owed plus any outstanding charges”. I did not make that phone call. It was my birthday and I can account for my ware about’s for that day. I was confident in my own mind that this would work. I have telephone records which would prove that I could not have made that call. They have computer records that say this happened. I have proof that I did not contact any other creditor to ask the same thing.

I believe this data is fraudulent as is the data records saying that they sent out 2 letters. 2 years early they should have sent out 2 letters. Is the postal service that bad?

This was a long 2 year battle. With the FOS they lied and showed false documents that helped the FOS make a decision. I also involved the ICO who came down in my favour stating they had broken the data protection act with my credit report. and all subsequent changes made to it. It is still wrong. They do not care. They are above the law in my opinion (if you say that they don't have to produce any evidence)

Thanks

Desmond.

PS Forgot to mention that on 2 occasions they had admit doing wrong.
1) Covertly they sent a letter to FOS admitting wrong doing anf offering £50. I have a recorded conversation that clearly stats they new it would be a long time before the FOS looked at it.

2) When the ICO came down in my favor they offered £350 in compensation.

NOW I have taken them to court because of the year of treatment I received. There defense is "We have done nothing wrong" (See you in court)