WIll Natwest help my brother?

fatbelly

Yes. I'd expect the default to be removed and some monetary compensation.

Birminghamboy

fatbelly said:

Yes. I'd expect the default to be removed and some monetary compensation.

We’ve just called back and he gave permission for me to speak to them. I asked a lot of questions. The woman was helpful and confirmed that no default letters have been issued this year. We’ve raised a formal complaint. She confirmed that the default notice would normally have been issued before the default was logged. He did receive a default notice in April 2024 but had cleared his arrears. He’s also had other letters since such as notice of sums in arrears etc. I asked her if the default notice from April 2024 could be linked to what’s happened today but she said no. 

It appears that it’s just an admin issue but it’s annoying as it’s caused massive anxiety today. 

I’m praying that they remove the default and then apply the process properly 

Birminghamboy

Good Morning, 

I have been doing some more digging around and have a few questions - didn't want to start another thread though. 

1. So, the account that we are talking about if a Newday account. It is initially a Debenhams store card, but I think that Newday took over some years ago. It's definitely FCA regulated so am I right in assuming that the legal default notice should still have been sent out?

2. The  'notice of intention to file a default letter' was sent out in April 2024. I now understand that this does not supersede or replace the need for the default notice that they haven't sent.  Brother's account was full up to date last summer, so AFTER this letter was sent. Surely any 'new' arrears would have required a further notice to be sent? Newday have confirmed that nothing has been sent regarding a default since April 2024. 

I have found some examples on the Financial ombudsman website where customers have had their default markers removed due to not receiving a default notice. I am hopeful that this will be the case for my brother, especially as Newday have said that they haven;t  sent it. The lady on the phone yesterday actually said "for transparency, I don't think that a default notice has been sent" This view was also shared by the other member of staff that we spoke to. 

My brother is in a massive state of anxiety over this and I am desperate to resolve this for him

MattMattMattUK

Birminghamboy said:

Good Morning, 

I have been doing some more digging around and have a few questions - didn't want to start another thread though. 

1. So, the account that we are talking about if a Newday account. It is initially a Debenhams store card, but I think that Newday took over some years ago. It's definitely FCA regulated so am I right in assuming that the legal default notice should still have been sent out?

2. The  'notice of intention to file a default letter' was sent out in April 2024. I now understand that this does not supersede or replace the need for the default notice that they haven't sent.  Brother's account was full up to date last summer, so AFTER this letter was sent. Surely any 'new' arrears would have required a further notice to be sent? Newday have confirmed that nothing has been sent regarding a default since April 2024. 

I have found some examples on the Financial ombudsman website where customers have had their default markers removed due to not receiving a default notice. I am hopeful that this will be the case for my brother, especially as Newday have said that they haven;t  sent it. The lady on the phone yesterday actually said "for transparency, I don't think that a default notice has been sent" This view was also shared by the other member of staff that we spoke to. 

My brother is in a massive state of anxiety over this and I am desperate to resolve this for him

I think in light of this it might make sense to just move on and focus on clearing the debts. From the sound of it the default notice will have little if any real impact based on the various missed payment, late payment, general debt etc. all recorded in his credit report. It seems you (or he) are focusing excessively on this one default as a distraction from the overall situation. What are you actually hoping to achieve by expending all this effort on a default marker, because being realistic with the other red flags on his credit file it is unlikely he will have access to additional credit for many months if not a few years with or without the default.

Birminghamboy

MattMattMattUK said:

Birminghamboy said:

Good Morning, 

I have been doing some more digging around and have a few questions - didn't want to start another thread though. 

1. So, the account that we are talking about if a Newday account. It is initially a Debenhams store card, but I think that Newday took over some years ago. It's definitely FCA regulated so am I right in assuming that the legal default notice should still have been sent out?

2. The  'notice of intention to file a default letter' was sent out in April 2024. I now understand that this does not supersede or replace the need for the default notice that they haven't sent.  Brother's account was full up to date last summer, so AFTER this letter was sent. Surely any 'new' arrears would have required a further notice to be sent? Newday have confirmed that nothing has been sent regarding a default since April 2024. 

I have found some examples on the Financial ombudsman website where customers have had their default markers removed due to not receiving a default notice. I am hopeful that this will be the case for my brother, especially as Newday have said that they haven;t  sent it. The lady on the phone yesterday actually said "for transparency, I don't think that a default notice has been sent" This view was also shared by the other member of staff that we spoke to. 

My brother is in a massive state of anxiety over this and I am desperate to resolve this for him

I think in light of this it might make sense to just move on and focus on clearing the debts. From the sound of it the default notice will have little if any real impact based on the various missed payment, late payment, general debt etc. all recorded in his credit report. It seems you (or he) are focusing excessively on this one default as a distraction from the overall situation. What are you actually hoping to achieve by expending all this effort on a default marker, because being realistic with the other red flags on his credit file it is unlikely he will have access to additional credit for many months if not a few years with or without the default.

Hi, the main issue is that having a default impacts his line of work. He is hoping to return to his usual career soon as this will impact that significantly. 

I also feel that it;s really unfair of an established company to not follow a legal requirement and that this has caused my brother massive distress and anxiety. 

sourcrates

Birminghamboy said:

My brother is in a massive state of anxiety over this and I am desperate to resolve this for him

Newday is the lender, they provide credit and store cards under the Newday name, to various large brands.

I think your Brother needs to take a moment to reflect on how he has been managing his account to date, he has obviously been missing payments for whatever reason, so to say he`s in a "massive state of anxiety" is probably a slight over reaction, to what is really, a very common event.

One default is not the end of the world, and if you follow the complaints process, its quite likely they will be forced to remove it, but going forward, if he misses payments again, then he might find himself in exactly the same position.

So if he needs debt or budgeting advice, he should ask for it, we will be more than pleased to help him.

MattMattMattUK

Birminghamboy said:

MattMattMattUK said:

Birminghamboy said:

Good Morning, 

I have been doing some more digging around and have a few questions - didn't want to start another thread though. 

1. So, the account that we are talking about if a Newday account. It is initially a Debenhams store card, but I think that Newday took over some years ago. It's definitely FCA regulated so am I right in assuming that the legal default notice should still have been sent out?

2. The  'notice of intention to file a default letter' was sent out in April 2024. I now understand that this does not supersede or replace the need for the default notice that they haven't sent.  Brother's account was full up to date last summer, so AFTER this letter was sent. Surely any 'new' arrears would have required a further notice to be sent? Newday have confirmed that nothing has been sent regarding a default since April 2024. 

I have found some examples on the Financial ombudsman website where customers have had their default markers removed due to not receiving a default notice. I am hopeful that this will be the case for my brother, especially as Newday have said that they haven;t  sent it. The lady on the phone yesterday actually said "for transparency, I don't think that a default notice has been sent" This view was also shared by the other member of staff that we spoke to. 

My brother is in a massive state of anxiety over this and I am desperate to resolve this for him

I think in light of this it might make sense to just move on and focus on clearing the debts. From the sound of it the default notice will have little if any real impact based on the various missed payment, late payment, general debt etc. all recorded in his credit report. It seems you (or he) are focusing excessively on this one default as a distraction from the overall situation. What are you actually hoping to achieve by expending all this effort on a default marker, because being realistic with the other red flags on his credit file it is unlikely he will have access to additional credit for many months if not a few years with or without the default.

Hi, the main issue is that having a default impacts his line of work. He is hoping to return to his usual career soon as this will impact that significantly. 

Does he work in financial services? If he does then his wider financial situation may have an impact regardless. To work in much of banking for example a certain number of missed or late payments are almost as much of an issue as a default notice. They use a scoring metric which is very easy to breach once those markers start hitting as it is designed to show signs of financial distress.

Birminghamboy said:
I also feel that it;s really unfair of an established company to not follow a legal requirement and that this has caused my brother massive distress and anxiety. 

The legislation specifically states not that a default notice is always required but "where a default notice is required under the CCA", firstly are you sure that this is a situation where it does apply and secondly I am not sure that the previous default notice which you said was issued would not cover them regardless. Note that many lenders issue "default notices" as a way to try and get people to pay, not because they are specifically required in all situations. 

On a slight side note, is your brother receiving professional help for his depression and anxiety issues? If not I would really recommend he speaks to his GP.

Birminghamboy

sourcrates said:

Birminghamboy said:

My brother is in a massive state of anxiety over this and I am desperate to resolve this for him

Newday is the lender, they provide credit and store cards under the Newday name, to various large brands.

I think your Brother needs to take a moment to reflect on how he has been managing his account to date, he has obviously been missing payments for whatever reason, so to say he`s in a "massive state of anxiety" is probably a slight over reaction, to what is really, a very common event.

One default is not the end of the world, and if you follow the complaints process, its quite likely they will be forced to remove it, but going forward, if he misses payments again, then he might find himself in exactly the same position.

So if he needs debt or budgeting advice, he should ask for it, we will be more than pleased to help him.

I agree that it is an extreme response and certainly not how I would respond however this is all linked to his poor mental health. He had a terrible breakdown and things were made worse by a car accident and the the death of our father. He has really struggled to pull him self back up so this is just something else to worry about. 

Birminghamboy

MattMattMattUK said:

Birminghamboy said:

MattMattMattUK said:

Birminghamboy said:

Good Morning, 

I have been doing some more digging around and have a few questions - didn't want to start another thread though. 

1. So, the account that we are talking about if a Newday account. It is initially a Debenhams store card, but I think that Newday took over some years ago. It's definitely FCA regulated so am I right in assuming that the legal default notice should still have been sent out?

2. The  'notice of intention to file a default letter' was sent out in April 2024. I now understand that this does not supersede or replace the need for the default notice that they haven't sent.  Brother's account was full up to date last summer, so AFTER this letter was sent. Surely any 'new' arrears would have required a further notice to be sent? Newday have confirmed that nothing has been sent regarding a default since April 2024. 

I have found some examples on the Financial ombudsman website where customers have had their default markers removed due to not receiving a default notice. I am hopeful that this will be the case for my brother, especially as Newday have said that they haven;t  sent it. The lady on the phone yesterday actually said "for transparency, I don't think that a default notice has been sent" This view was also shared by the other member of staff that we spoke to. 

My brother is in a massive state of anxiety over this and I am desperate to resolve this for him

I think in light of this it might make sense to just move on and focus on clearing the debts. From the sound of it the default notice will have little if any real impact based on the various missed payment, late payment, general debt etc. all recorded in his credit report. It seems you (or he) are focusing excessively on this one default as a distraction from the overall situation. What are you actually hoping to achieve by expending all this effort on a default marker, because being realistic with the other red flags on his credit file it is unlikely he will have access to additional credit for many months if not a few years with or without the default.

Hi, the main issue is that having a default impacts his line of work. He is hoping to return to his usual career soon as this will impact that significantly. 

Does he work in financial services? If he does then his wider financial situation may have an impact regardless. To work in much of banking for example a certain number of missed or late payments are almost as much of an issue as a default notice. They use a scoring metric which is very easy to breach once those markers start hitting as it is designed to show signs of financial distress.

Birminghamboy said:
I also feel that it;s really unfair of an established company to not follow a legal requirement and that this has caused my brother massive distress and anxiety. 

The legislation specifically states not that a default notice is always required but "where a default notice is required under the CCA", firstly are you sure that this is a situation where it does apply and secondly I am not sure that the previous default notice which you said was issued would not cover them regardless. Note that many lenders issue "default notices" as a way to try and get people to pay, not because they are specifically required in all situations. 

On a slight side note, is your brother receiving professional help for his depression and anxiety issues? If not I would really recommend he speaks to his GP.

He never actually received a default notice. The letter in April 2024 was a notice of intention to file a default. The official default notice should have include details of the breach and how much he needed to pay to remedy within 14 days to avoid the default being issued. This is the requirement set out by the FCA but this never happened. 

yes, he does have a lot of support. He is medicated and also has some counselling sessions. We are getting there slowly

sourcrates

Birminghamboy said:.

I agree that it is an extreme response and certainly not how I would respond however this is all linked to his poor mental health. He had a terrible breakdown and things were made worse by a car accident and the the death of our father. He has really struggled to pull him self back up so this is just something else to worry about. 

I would mention this in the complaint, it will go towards strengthening your case for a positive outcome.