Natwest - 13 Years - Credit Card - Default

ASCSussex

Hi guys, 

Would like some advice please. 

I've recently discovered over 13 years ago, a credit-card that I took out whilst at University which I defaulted on for 6 years, is still on file. Natwest have advised me that it was passed to a Debt Collectors. 

I have not spoken to any debt collectors and my default would have cleared 6 years after, the credit card was taken out in 2011. 

I recently tried to add my Natwest Online Banking to Halifax's app, and saw its still on file. I've had no issues taking out some credit cards and have kept upto my finances since I been in employment, with no issues. That debt, from my understanding should have been wiped clean as its been such a long period of time. 

Natwest tried to get me to contact the debt collectors, which I refused, as I do not want to acknowledge of deal with a debt collection agency. I raised a complaint with Natwest, advising them that I would like this removed without having to talk to a debt collector especially that its been 13 years since, and I have never dealt or spoken to them, also the information they had on file was all incorrect, apart from my telephone number, but address I have never lived at, and email I havent used for over 10 years. 

Has anyone had a similiar situation, what would be the best course of action. 

I have a new born baby on the way, due any minute and I have been keeping a perfect credit file for the past 7 years now with all the banks and lenders, I have been with. 


I feel that although the default may have been removed, when running credit checks - they would pick up on a *debt collection agency* which still holds debt that I have not paid. 

From contacting Citizens advice, they stated that Limitation Period applies for 6 years from last time you spoke to them or made payment. I have never spoke to a debt collection agency and I haven't made a payment for this as at the time I was a student, with no money, got trapped into debt and fell into hardship. It's been 13 years, is there anything else I can do furthermore to get this resolved? Any help would be welcomed. Thank you very much

Nasqueron

Send them the statute barred letter and tell them it must be removed from your file per ICO rules. When was the default date (the original NatWest one)? Debt collectors would normally default the balance themselves but it must be the same date with the old balance marked as cleared.

ASCSussex

Hi Nasqueron, 

Thank you, I will look into this. I can obtain that information and get this letter written up. 

The question I had, do I write this letter to Natwest or the debt collection agency? 

Do you know if they have a right to still try and collect a debt thats 13 years old, based on the Limitation time? 

sammyjammy

Are you saying its still showing on your credit record or still shows on your banking app?

Nasqueron

ASCSussex said:

Hi Nasqueron, 

Thank you, I will look into this. I can obtain that information and get this letter written up. 

The question I had, do I write this letter to Natwest or the debt collection agency? 

Do you know if they have a right to still try and collect a debt thats 13 years old, based on the Limitation time? 

Re-reading your post - please confirm what you mean by "on your file". Using open banking to add NatWest to Halifax - do you mean the card is still open with NatWest? Or do you mean it's on your credit report? Could you post a picture of it (with personal details removed)?

What do you see in your NatWest online banking - is the card there?

If on the credit report, it shouldn't be and the complaint letter depends who is reporting the debt on your file. The debt collectors bit typically means they sold the debt on - so the normal process goes like this:

Month 1: Natwest loan debt £1234 in default since 1/1/2011
Month 2: Natwest loan settled (closed, whatever)
Month 2: Debt company debt £1234 in default since 1/1/2011
Month 3: Debt company debt £1234 in default since 1/1/2011

Per ICO rules, the default must be removed 6 years after the debt has defaulted (same as if they got a CCJ - 6 years from then). They cannot add a later default to make it appear longer than the 6 years. A debt that was defaulted 13 years ago cannot be reported to your record. If you had acknowledged the debt in the last 6 years (payment, admitting it etc) then they can chase you for it, but they cannot report it to your file.

If it's not on your credit file, credit checks will not find it regardless and it's just weird that you are seeing it online as NW would normally have closed the account