Nationwide DN valid or not? part 2

[tommy271007]

Hello guys!

 

I am in the middle of a dispute with Nationwide who defaulted my flexaccount, while account was in dispute because of the bank charges back in January 2007.

 

Unfortunately because of the default they placed on my otherwise spotless credit files, i am unable to get a job as an accountant because of this adverse data!! Nationwide have been very unreasonable and will not remove adverse data even though i have paid the debt in full (of which 100% are bank charges)

 

I am looking at whether my default notices they issued relating to my flexaccount are defective - is there any legal avenues to get them to remove adverse data from credit files if it was proved that the paperwork are not in order? (the debt has been paid in full).

 

I have two default notices issued of which both are actually quite different -

18th April 2006 and 28th November 2006. Here it goes:

 

First DN issued April 2006

 

IMPORTANT – YOU SHOULD READ THIS CAREFULLY

 

Default Notice

 

Served under Section 87(1) of the Consumer Credit Act 1974

 

Dated 18th April 2006

 

Re: Mr Joe P Bloggs

 

From Nationwide Building Society whose Flexaccounts Collections Default Management Department is at Kings Park Road, Moulton Park, NORTHAMPTON NN3 6NW – TELEPHONE NUMBER 01793 556877

 

We hereby give notice of default in respect of the society’s agreement with you. Details of which are shown below.

 

Agreement: FlexAccount No: 80/ 0511/63263290

 

Provision breached:- Condition 11

 

Nature of breach:- Failure upon demand to immediately bring back into credit the balance upon the above

numbered Flexaccount upon which an unauthorised debit balance has been created by

the account holder by withdrawals or payments.

 

Action required by you to remedy the breach:-

(a) To repay the overdraft in full

(b) To return all unused cheques, guarantee card(s) and Flexaccount cash card(s) still in

your procession. Please ensure they are cut in half before posting them to the above

address.

 

Date by which action is required: 12 O’Clock 28th April 2006

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO

FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

(a) Demand immediate payment of the overdrawn sum, currently £100, together with interest

(b) Commence Court proceedings in the County Court to recover this sum

 

Payment to be made is amount overdrawn £100.

 

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWNING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SUERTY MORE TIME

 

IF YOU ARE NOT SO SURE WHAT TO DO, YOU SHOULD ETC ETC ……

[tommy271007]

This was resolved shortly after i received the April 2006 DN account back in order.

 

But then i had another DN issued in November 2006 (dispute over bank charges) which is very different to the one DN i received April 2006.

Here is the second DN issued 28th November 2006.

 

IMPORTANT – YOU SHOULD READ THIS CAREFULLY

Default Notice

 

Served under Section 87(1) of the Consumer Credit Act 1974

 

Date: 28th November 2006

 

To: Mr Joe P Bloggs

 

From: Nationwide Building Society whose Collections address is Lending Control, Nationwide Building Society, Kings Park Road, Moulton Park, NORTHAMPTON NN3 6NW

 

We hereby give notice of default in respect of the society’s agreement with you. Details of which are shown below.

 

Type of Agreement: FlexAccount

Account Number: 0511/63263290

 

Provision Breached: the Agreement requires that if an unauthorised overdraft is created, the account must be bought into credit immediately

Nature of Breach: Failure to immediately bring back into credit the balance upon the above numbered Flexaccount upon which an unauthorised debit balance has been created.

 

 

Action required by you:

(a) To repay the overdraft in full

 

(b) To return all unused cheques, guarantee card(s) and Flexaccount card(s) still in your procession. If posting, please ensure they are cut in half before sending.

Date by which action is required: 12th December 2006

 

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO

FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

Further Action: We may commence legal proceedings to recover the overdraft in full.

 

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWNING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SUERTY MORE TIME

 

IF YOU ARE NOT SO SURE WHAT TO DO, YOU SHOULD ETC ETC ……

[havinastella]

You seem to be confused.

 

Sending you a 'Default' notice is nothing to do with defaulting your Credit Rating.

 

Jogs

[tommy271007]

Is there any discrepancies on both DN's? Are they both invalid?

 

Can i, legally, challenge Nationwide to remove adverse data from my credit files due to defective DN's? The debt is paid in FULL.

 

I appreciate any advice.

 

Cheers

[tommy271007]

Well, Havinastella, i have adverse data recorded on my credit files.. and a default from this flexaccount!! I need to get those removed!

[havinastella]

As I have said above,

 

The letters have NO BEARING on the default that the CRA has against you.

 

If you want it removed, you will have to issue Court Proceedings for the return of the unfair charges and the removal of the unfair info that they have passed onto the CRA's.

 

Or just write and ask them first.

 

Jogs

[tommy271007]

If there are defective DN's with discrepancies, then surely on those grounds, the adverse data should be removed from credit files as they are invalid? Can you explain to me why the defective DN have no bearing on the default held by CRA's?

[citizenB]

Sorry, the question I asked here you had already answered above

 

What Jogs says is correct. There is a difference between a Default Notice and a default registerd with a CRA. A DN is a legal requirement from the company if they want to take steps to demand payment of a sum owed. A default is a marker placed by a creditor in respect of late payment/ non payment / erratic payments.

 

The difference between the two had been explained far more coherently elsewhere on the forums.

 

Just off to find those links I promised BRB

Edited April 29, 2009 by citizenB
question already answered

[citizenB]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/111211-defaults-background-removal-methods.html

 

Here you go, the thread above from car2403. Should give you some idea of how to go about it and what to expect along the way.

 

Jogs, if I read the first post correctly the account went overdrawn purely due to bank charges. Would this make a difference in the reporting of the defaults to the CRAs ?

Edited April 29, 2009 by citizenB

[havinastella]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/111211-defaults-background-removal-methods.html

 

Here you go, the thread above from car2403. Should give you some idea of how to go about it and what to expect along the way.

 

Jogs, if I read the first post correctly the account went overdrawn purely due to bank charges. Would this make a difference in the reporting of the defaults to the CRAs ?

 

Technically Yes.

 

As in the charges shoudn't have been applied, so there never was any default to be registered.

 

 

Jogs

[citizenB]

Thanks Jogs:D

 

Tommy, the question you asked re the current account/ consumer credit act. Here are some replies from the site team

 

 

The answer is yes (and no). Overdrafts are exempt from the provisions of Part V (ie ss 55-73 - see s74) of the Act. Note that, in particular, s61 is in Part V.

 

 

The act

 

Results within legislation - Statute Law Database

 

 

Citizenb a few links here (I know of one cagger who sent a CCA request for an OD and got away with it, I think it was Mr Ton !!!)

 

OVERDRAFTS and the Consumer Credit Act

 

CCAs and overdrafts

 

Bank Account CCA

 

CCA and Overdrafts - The Final Word?

 

 

HTH