Notice of Sum in Arrears

Sheerazjan

Hi all,

I have recently received a letter from Tesco bank Credit Card stating that they did not serve me with Notice of Sum in arrears (NOSIA) in 2018 when I missed few payments. The letter attached a cheque with refund money. I have cashed it.

Back in 2018, I also had a credit card with Nationwide Building Society. I missed payment on that account for over three months and was defaulted on the credit card. I cleared the balanced after I was defaulted and closed the account. I could not get any credit for next few years due to adverse credit history. I had to rebuild my credit history.

I recently made a Subject access request (SAR) to retrieve my statements and letters associated to my closed account with Nationwide. They sent me the statements. In my statement , I see the attached letter of Default Sum "£12 late payments charges” in each statement prior to the account closure.

I raised the complaint with Nationwide as I did not see the copy of NOSIA letter. The complaint department called this afternoon and said as NOSIA is automated generated letter by the system - it was not visible on my closed account and cannot be included in SAR. Because the account is too old - they cannot find any other letters.

The complaint department advisor mentioned that as my account was self-managed and I was provided with Default sum letter in each statement - they have made no error which means NO COMPENSATION.

 I am sure they did not serve me NOSIA as they defaulted me and when I called they were not willing to listen to me or come up with any terms to remove default and agree a payment plan.

Now the complaint is raised with final response Team and they will get back to me in 56 days. Is it true that NOSIA letter does not appear in an account when you make a SAR to get all the records? What is the next step I should take if the final response team refuse to compensate me?

Hoenir

Sheerazjan said:

What is the next step I should take if the final response team refuse to compensate me?

What actual evidence do you have to pursue the matter further ?  

eskbanker

Sheerazjan said:

What is the next step I should take if the final response team refuse to compensate me?

You have the right to escalate your complaint to the Financial Ombudsman Service, which will be explained in their final response letter.

Sheerazjan

Hoenir said:

Sheerazjan said:

What is the next step I should take if the final response team refuse to compensate me?

What actual evidence do you have to pursue the matter further ?  

Hi,
I do not have any evidence but if I was served NOSIA, I would have made some arrangements with them. I had no contact from nationwide at time. Right now, the Nationwide Building Society does not seem to have any evidence either.

Nasqueron

Sheerazjan said:

Hoenir said:

Sheerazjan said:

What is the next step I should take if the final response team refuse to compensate me?

What actual evidence do you have to pursue the matter further ?  

Hi,
I do not have any evidence but if I was served NOSIA, I would have made some arrangements with them. I had no contact from nationwide at time. Right now, the Nationwide Building Society does not seem to have any evidence either.

You are making the claim, you need to provide evidence to support it, they have already set out their position and are undoubtedly doing things by the book (hence the fines for people who don't). It's possible the letter went missing, or you didn't see it or realise what it was. You know full well you missed payments and defaulted (3-6 missed contractual payments is the norm) and you knew from the statements you were being charged for late payments so arguing over a letter that they believe was correctly served is just driving up the costs for other people by you logging what might well be seen as a vexatious complaint.

Sheerazjan

Nasqueron said:

Sheerazjan said:

Hoenir said:

Sheerazjan said:

What is the next step I should take if the final response team refuse to compensate me?

What actual evidence do you have to pursue the matter further ?  

Hi,
I do not have any evidence but if I was served NOSIA, I would have made some arrangements with them. I had no contact from nationwide at time. Right now, the Nationwide Building Society does not seem to have any evidence either.

You are making the claim, you need to provide evidence to support it, they have already set out their position and are undoubtedly doing things by the book (hence the fines for people who don't). It's possible the letter went missing, or you didn't see it or realise what it was. You know full well you missed payments and defaulted (3-6 missed contractual payments is the norm) and you knew from the statements you were being charged for late payments so arguing over a letter that they believe was correctly served is just driving up the costs for other people by you logging what might well be seen as a vexatious complaint.

Hi Thank you for your input.

I wonder if they have served a NOSIA at that time , they must have record of it. If I was given an opportunity or made aware that I can make arrangements with them for my credit card payments, I would have done it instead of getting a default on my credit file. My claim is based on the legal grounds where the credit care agencies are required to send a NOSIA under Section 86C of Consumer Act 1974. If they cannot locate the letter and I have no recollection of getting such opportunity , there is likelihood that I was defaulted by the Nationwide Credit Card without following legal framework ?

I will appreciate any further comments.