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Ooops - Natwest Defaults

Just realised that this thread should possibly have been posted here and not on debtfreewannabe!

Anyone in this forum able to shed any further light on my situation please?



Hi,

This is my first time (ever!) posting on a forum, I am so stressed out with this and need some help and advice please!

Basically, I had a natwest account that was 'frozen' on 03/07/2008 and notified them of no intent to pay due to dispute.

It then took Natwest until 30/06/2009 to issue a default against this account, and another account defaulted 30/11/2009 which I have no idea what it is!

I have tried talking to them on the phone today to complain that the notice of default is incorrect, but they're adamant that it's right in accordance with their internal procedures, the account was not put through to 'collections' until January 2009 and I've said that I think it's unfair and that's too long and it should've been put through to collections straight away when notification of no intent to pay was made.

They're refusing to change or remove the default on my account due to it being 'issued correctly' I offered to pay it in exchange for them removing it and they said no because they're not pursuing the debt anymore and it's written off!

I'm so upset as I thought this would have gone away by now, I'm desperately trying to get a mortgage and this is seriously harming my credit.

(I know it must seem like I'm in a huge rush to get this removed when it will be dropping off my file this year anyway, but my current tenancy is about to expire and I need to find a house within the catchment area for a decent school as I need to apply for my daughter in December so feel like I need to get moved and sorted very soon!)

Any advice on how to handle this would be greatly appreciated.



Thank you for your response. The dispute was that natwest refused to accept my offer of payment when I hit financial difficulty and basically said I pay all or nothing so I took the 'nothing' option, moved house and never heard anything since. Young and Naively thought it had gone away until I've logged on to experian this month for the first time ever and saw the defaults on there :-(
There is also one for southern water dated 2013 against a property I've not lived in since 2008!



*not really a valid complaint then, although they don't also have to default you on request



*The default should be issued when the relationship breaks down. Telling them you are not paying is an indicator of that. You could try that route via the FOS, will take months.

*If you are planning on renting, why the stress? Rental Credit checks do not chow defaults, just CCJ and worse.



I was advised verbally by citizens advice to go across the road, freeze the account, notify of no intent to pay and that would force the account in to default. Natwest are saying that's not true and it takes months and months due to their internal procedures to give customers a fair chance to pay.

I've not actually been aware of these defaults on my file until I've signed up to experian in preparation to buy a property and was a bit baffled by them which is when I started querying.

Mortgage broker advised not to pay them because they'll drop off this year whereas if theyre satisfied they'll still show for another two?

I tried to bargain with natwest that if I pay will they remove thedefaults and they said no because they're not chasing payment anymore!

One of the defaults is only £25 - there's no way I'd have not paid that if I'd known about it!

Looking at buying a 'forever' house so we don't have to keep upping and moving and have somewhere that's our own we can call home. Money's not the issue as we have double figure thousands saved for deposit, it's just these nasty red marks on file that are stopping us!

What is the FOS by the way?


*It will be gone this year, paid or not. Advisor is wrong.


*Worth a go, can take a few months. May not be worth it if they drop off anyhow.

*Just because they followed internal process doesn't mean it will be deemed fair.


*Mortgage broker advised not to pay them because they'll drop off this year whereas if theyre satisfied they'll still show for another two?
Worrying that a mortgage advisor who should know better is talking complete twaddle like that.


*Links to default guidance there, that should have followed.

*New versions apply after 2014, but your dates mean they should have followed the old ones at that time.


*Argh they're refusing to talk to me because they 'issued a final response letter yesterday' - any idea where I go from here?

Here's the info I had extracted from the links ready to hit them with...

INFORMATION COMMISSIONERS OFFICE VERSION 3 (02.08.2007-2014)
DATA PROTECTION TECHNICAL GUIDANCE

POINT 9: THE TERM ‘DEFAULT’ WHEN RECORDED ON A CREDIT REFERENCE FILE SHOULD BE USED TO REFER TO A SITUATION WHEN THE RELATIONSHIP BETWEEN THE LENDER AND THE INDIVIDUAL HAS BROKEN DOWN.

POINT 10: INDICATORS OF A DEFAULT. THE CUSTOMER HAS GIVEN CLEAR INDICATION THAT THEY DO NOT INTEND TO MEET THEIR CONTRACTUAL OBLIGATIONS.
(JULY 2008)


POINT 15: CURRENT ACCOUNTS. DEFAULT MUST BE FILED WHEN THE ACCOUNT HAS A DEBIT BALANCE WITHIN OR OUTSIDE OVERDRAFT BUT THERE HAVE NOT BEEN ENOUGH CREDITS TO SERVICE THE DEBT FOR AT LEAST THREE MONTHS.
(OCTOBER 2008)


POINT 31: THE DATE OF DEFAULT RECORDED ON THE FILE SHOULD BE THE DATE ON WHICH A DECISION TO FILE A DEFAULT BECOMES EFFECTIVE ACCORDING TO THE CRITERIA DISCUSSED IN PARAGRAPHS 9-16.
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