Nat West on AP for 6 years,Need a retrospective Default

meer53

You can complain by phone but for me, i would put it in writing, then you can make sure nothing is forgotten. Stick to your point, but i would mention that a member of staff confirmed it was unusual for a default not to be applied.

I wonder if the fact that they defaulted the amount at the beginning before passing the debt to Triton will make any difference ? And also the fact that you accepted the continuing AP last year ? Only they can tell you.

rizla_king

speedbird1 wrote: »

Advised Nat West but they issued a default notice around June 2009.(transfered to Triton)

from ico

10 Indicators of a default

The following indicate that a breakdown has occurred in most types of product (excluding those in the section on Exceptions at paragraphs 12-15). This list is not necessarily exhaustive.

• The account has been referred to a collection agency or in-house debt collection department.
• The account has been referred for legal action.
• The account has been included in a bankruptcy, IVA, or similar.
• The asset financed has been repossessed or instructions for repossession have been given.
• The lender takes or has taken steps to cut off the service provided (or would do so if they were not prevented on social rather than commercial grounds or by other regulations, codes of practice or statute).
• The customer has not made satisfactory proposals in response to a demand for repayment.
• The customer has given a clear indication, for example, by handing back an asset, that they do not intend to meet their contractual obligations.
• The lender has evidence that an account has been opened or used for fraudulent purposes by the applicant.

speedbird1

Thanks for that Meer

Yes they did pass it to Triton in 2009 and more or less immediately passed to CapQuest,that in itself to my my mind indicates that the account defaulted at that stage,

So I have proof that the relationship and agreement broke down.

The lady I spoke with at NatWest,was very surprised that no default was showing on the account,so maybe the guys at NatWest will see that Triton originally made the mistake by not reporting the default and hopefully rectify the matter.

speedbird1

rizla_king wrote: »

from ico

10 Indicators of a default

The following indicate that a breakdown has occurred in most types of product (excluding those in the section on Exceptions at paragraphs 12-15). This list is not necessarily exhaustive.

• The account has been referred to a collection agency or in-house debt collection department.
• The account has been referred for legal action.
• The account has been included in a bankruptcy, IVA, or similar.
• The asset financed has been repossessed or instructions for repossession have been given.
• The lender takes or has taken steps to cut off the service provided (or would do so if they were not prevented on social rather than commercial grounds or by other regulations, codes of practice or statute).
• The customer has not made satisfactory proposals in response to a demand for repayment.
• The customer has given a clear indication, for example, by handing back an asset, that they do not intend to meet their contractual obligations.
• The lender has evidence that an account has been opened or used for fraudulent purposes by the applicant.

You beat me to it!!

Good grounds now and evidence to hand.

speedbird1

Can someone tell me how Experience report late markers in the monthly date fields is it 6 or AP.

Also under an agreement to pay under the status field should it read delinquent .

In my case 6666 throughout,then last year the word delinquent appeared.

Also despite being on an AP since 2009,experian state ,start of arrangment 2011!!

Maybe NatWest last year found out errors put on CRA by Triton.

Also on the payments field it states 60x£307,

All this on my opinion is completely wrong,

stclair

speedbird1 wrote: »

Thanks for that Meer

Yes they did pass it to Triton in 2009 and more or less immediately passed to CapQuest,that in itself to my my mind indicates that the account defaulted at that stage,

So I have proof that the relationship and agreement broke down.

The lady I spoke with at NatWest,was very surprised that no default was showing on the account,so maybe the guys at NatWest will see that Triton originally made the mistake by not reporting the default and hopefully rectify the matter.

Ive not read the whole thread however have you thought about just raising a complaint. If your not happy with the response you can then just refer the matter to the FOS. Triton was Natwest in house debt collection agency so really the debt was always with NatWest.

speedbird1

Hi,thanks for that.

However it was sent to Capquest from Triton,that's my argument so it must have been defaulted.although never reported as so.

stclair

speedbird1 wrote: »

Hi,thanks for that.

However it was sent to Capquest from Triton,that's my argument so it must have been defaulted.although never reported as so.

Raise a compliant with capquest then they will contact NatWest being the original creditor.

rizla_king

If its still in Natwests name on your credit file you complain to them. Direct.

Do it in writing. Set out your case.

happy_bunny_2

And chuck in that Triton were involved. Given the recent grief with their and other in house DCA tactics, can only work in your favour if FOS get involved.