Abbey & Natwest default removal help please!

[Henry01]

Hello, I was looking for some help on removing 2 default notices:

 

Natwest - CreditCard

Abbey - Bank Account

 

Has anyone had either of these remove defaults?

 

I have tried to remove these using the process listed, asking for a true copy etc, but with joy any other tips or actions as to what I should do?

 

Abbeys default was for £300 less than the charges they refunded, how can I use this to get the default removed?

 

I am now trying to get the Natwest credit charges back, if I do this will it help removing my default?

 

Many Thanks!

[car2403]

Hi Henry and welcome to the forums.

 

The background to all this is here;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html

 

The Bank account is a little more tricky, but it's the same process;

 

http://www.consumeractiongroup.co.uk/forum/general-debt/31515-ccas-overdrafts.html[url=http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html][/url]

 

You can see what's happening with my Barclays OD default removal here; (I'm in Court on 15 Feb!)

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110184-car2403-barclays-bank-default.html

 

Hope this little lot inspires and helps you!

[Henry01]

Many thanks

 

What method did you use for the Credit Card Default removal, was it this method:

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

 

and do you send the letter with the 'Statutory Notice pursuant to Sections 10 and 12'

 

Sorry to ask but am desperate to get these evil things removed.

 

Thanks!!

[car2403]

My CC had an outstanding balance, so CCA request, then DPA SAR along with the Surleybonds letter and s.10/s.12 Notice and issue Court claim via local Court.

 

CCA request can be found here;

 

http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html

[Henry01]

Thanks for the quick reply

 

Two last quick question..

 

Why is it harder to get a bank account default removed?

As Abbey, the bank account, have done the S.A.R and they brushed me off with standard letters. Time to send them the letter and S.10 / S.12.

 

Natwest default, the credit card, ignored all my letters so starting at step one again. However my bank account with natwest is my main account so

 

Do you think they will shut the current account if I take them to issue with the old credit card default?

 

Thanks again for your help,

 

H

[car2403]

The difficulties (or, rather, the obstacles/dirty tactics that the Bank will use!) with Overdraft is that they ARE regulated by the Consumer Credit Act, but are subject to a Determination under s.74 CCA where the OFT can lay down requirements for the bank to comply with in order to benefit from the Determination. In basic terms, the Bank will need to have shown that they complied with this little lot;

 

This Determination is made subject to the following conditions:-

(a) that the creditor shall have informed my Office in writing of his general intention to enter into agreements to which the Determination will apply;

(b) that where there is an agreement between a creditor and a debtor for the granting of credit in the form of an advance on a current account, the debtor shall be informed at the time or before the agreement is concluded:

- of the credit limit, if any,

- of the annual rate of interest and the charges applicable from the time the agreement is concluded and the conditions under which these may be amended,

- of the procedure for terminating the agreement;

and this information shall be confirmed in writing.

© that where a debtor overdraws his current account with the tacit agreement of the creditor and that account remains overdrawn for more than 3 months, the creditor must inform the debtor in writing not later than 7 days after the end of that 3 month period of the annual rate of interest and charges applicable

 

(a) is relatively easy to prove, as they can just get someone in their employment to say they did so - this will **probably** satisfy a Court. (I say "probably", because we don't know, but can assume it will)

 

(b) and © are more difficult for the Banks, as they don't tend to keep this level of documentation. This is their downfall here, IMHO, as they have to prove they complied with this requirement to get the benefit of the Determination.

 

If they can't prove they've complied, they don't get the exemptions under the Act, so have to prove that the agreement meets the form and content of s.60/s.61 and the subsequent regulations - they WON'T be able to do that if you haven't signed anything, which usually happens in these cases.

 

The evidential burden lies on the creditor to prove they have complied - in other words, you don't have to prove they DIDN'T comply, but they have to prove they DID! Easy...

 

If you've sent a SAR and they haven't replied within the prescribed period under s.7 (40 days) it's time to complain to the ICO (Information Commissioner's Office - ICO) and consider taking enforcement action through the Court. You WILL need this data from the Bank before you can go any further. Have you chased them for a reply? Have you sent the DPA SAR non-compliance letters off yet? (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html - if not, do this now in the order shown)

 

The fact you have a Bank Account with NatWest shouldn't stop you querying the Credit Card account. From what I've seen (someone correct me if I'm wrong, as I don't have a NW CC!) these are dealt with by separate departments, so any "retaliation" for you complaining is unlikely - you can also complain to the Financial Ombudsman if that happens, as the FSA (who govern banks) have said no accounts should be closed due to a customer complaining. I would always advise to open a "parachute account" with another Bank you've never been with, so you can transfer everything over if that happens - yes you can complain if it does, but it will take months to sort out... In the meantime you need a bank account to continue to survive, so cover all bases, I say.

[Henry01]

Update:

 

Abbey took it up with Experian, notice of correction added, however Abbey informed Experian info is correct so its staying. Looking into how can take it further?

 

NatWest being very slow and finally sent me info regarding charges / default - now hitting them with letter for charges and default removal. If no joy going fro N1 - is it right to do letter first then N1? Or jsut go for N1 first?

 

Thanks!

Edited May 15, 2008 by Henry01