Natwest filing a default - grrrr - HELP!?!?

[em-bobs]

Sorry for starting new thread - just needed to include HELP! in the title....

 

Basically, I went and had a lovely chat (not) with a lady in NatWest a couple of weeks ago, to try and get them to refund some charges as I was in a mess... (that was the day before I discovered there were 'proper lines of doing this). They refused of course, and the lady specifically told me that they were NOT worried about my account, but they would put it on a 'D2'?!?!? and keep an eye on it for me - which would not affect my credit rating etc. Since then no DDs or anything has bounced, and in fact money was deposited into the account a couple of days ago, leaving me just over £150 over my agreed overdraft.

 

However.... once I discovered this site I put the wheels in motion and sent my Data Protection Act letter on 03/08.

 

Today I received two letters. One dated 18/8 regarding the DPA - requesting a signature to confirm identity and the other dated 17/8 being "A FORMAL NOTICE OF INTENTION TO FILE A DEFAULT AND ACTION TO RECOVER DEBT" Have they sent the default notice in response to my DPA?!?!?

 

Arghhhhh! They have basically asked me to pay back £1600 in the next four weeks. This is a student account, I am a student, I live off Pot Noodles. How do they expect me to do this and can they do this? Not to mention I have several companies on my back for the bounced DDs - which bounced because of charges...

 

Any ideas any one - I've had a browse through previous threads, but can't seem to find what I need.

 

Any comments would be gratefully received.

 

xxx

[gizmo111]

Sorry for starting new thread - just needed to include HELP! in the title....

 

Basically, I went and had a lovely chat (not) with a lady in NatWest a couple of weeks ago, to try and get them to refund some charges as I was in a mess... (that was the day before I discovered there were 'proper lines of doing this). They refused of course, and the lady specifically told me that they were NOT worried about my account, but they would put it on a 'D2'?!?!? and keep an eye on it for me - which would not affect my credit rating etc. Since then no DDs or anything has bounced, and in fact money was deposited into the account a couple of days ago, leaving me just over £150 over my agreed overdraft.

 

However.... once I discovered this site I put the wheels in motion and sent my Data Protection Act letter on 03/08.

 

Today I received two letters. One dated 18/8 regarding the Data Protection Act - requesting a signature to confirm identity and the other dated 17/8 being "A FORMAL NOTICE OF INTENTION TO FILE A DEFAULT AND ACTION TO RECOVER DEBT" Have they sent the default notice in response to my DPA?!?!?

 

Arghhhhh! They have basically asked me to pay back £1600 in the next four weeks. This is a student account, I am a student, I live off Pot Noodles. How do they expect me to do this and can they do this? Not to mention I have several companies on my back for the bounced DDs - which bounced because of charges...

 

Any ideas any one - I've had a browse through previous threads, but can't seem to find what I need.

 

Any comments would be gratefully received.

 

xxx

 

How mach are charges? Get your claim in asap and they cannot do anything as the account will then be in dispute - open a new account Monday as a priority.

[kateandpete]

Send them off one of these IMMEDIATELY....

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

This sounds to me a clear case of retaliatory action by the bank. I think a judge would look upon this as intimidatory (mods correct me if not). Get another account opened NOW, before they have time to default you and get your loan, pay, any other cash paid into that.

[em-bobs]

Thanks for the responses....

 

I'm in the proceeds of opening a HSBC Student account - took my ID proof into a branch a couple of weeks back, so just awaiting the details, cards etc...

 

As for the amount I'm claiming for - it's at least £900 in the last six months (£800 of that slapped on in the past eight weeks) - but for the past six years, it could be as much as £2000....

 

In the DPA letter - the intention to recover the charges that were found to be unlawful was made clear - is that enough to suggest the account is in dispute?

 

The letter looks good, but will not work if you have consented to them sharing your info - and I'm not entirely sure what this D2 thing they did to my account is.... need to find out exactly what was done to my account at that point.

 

i can see my Monday morn is going to be most stressful...

[gizmo111]

Thanks for the responses....

 

I'm in the proceeds of opening a HSBC Student account - took my ID proof into a branch a couple of weeks back, so just awaiting the details, cards etc...

 

quote]

 

Chase this up as I took my Id in Weds and had cards & cheque book on sat.

[em-bobs]

Thanks for the responses....

 

I'm in the proceeds of opening a HSBC Student account - took my ID proof into a branch a couple of weeks back, so just awaiting the details, cards etc...

 

quote]

 

Chase this up as I took my Id in Weds and had cards & cheque book on sat.

 

I actually went in to branch yesterday to chase - they said everything seemed fine and it's because it's a busy time of year for student accounts?!?!? They told me to come back mid week if I still hadn't heard anything.

[JonCris]

I would suggest that a CCA s78 (1) demand costing £1 should be sent as this DOES unlike a S.A.R - (Subject Access Request) put the account legally in dispute & they cannot proceed with recovery whilst they are in default of your demand.

 

A SAR is only a demand for information under the Data Protection Act 1998 & although it would be frowned upon by any court it legally does not stop them from continuing recovery

[JonCris]

Forgot to mention that includes them not being able to register a default. In fact they can do nowt until they have complied

[em-bobs]

Forgot to mention that includes them not being able to register a default. In fact they can do nowt until they have complied

 

Love it, brilliant, love you all!

 

Can't find it though! - Nothing comes up when I cut and paste it in search, and I'm not exactly sure what to look for in the library...

 

Thanking you....

[kateandpete]

Hang on a mo. If you send a CCA request s.78(1) request they could:

1. Send you a copy of the credit agreement within 12 days. They would then have complied with CCA ->

2. Not send you a copy of the credit agreement. BUT, a notice of default has 10 days statutory notice(?mods?). A CCA request has 12 days before they are in default of it. So the account would not YET be in dispute under the CCA until AFTER they default you with the CRA's.

 

Either way does not work for you.

 

The DPA s.10 notice states that you are WITHDRAWING your permission for them to share any Data about you with third parties (ie the CRA's). You give them 7 days -> this might work.

 

Of course, I could be totally wrong about this so please correct me if so.......

 

[cumbria123]

Hi em,you might find this useful:

 

Section 13.6 of the banking code,

 

We may give information to credit reference agencies

about the personal debts you owe us if:

• you have fallen behind with your payments;

• the amount owed is not in dispute; and

• you have not made proposals we are satisfied with

for repaying your debt, following our formal demand.

 

Point 2, is quite clear, if you are in dispute they will not (should not) pass on information.

 

Worth drawing to their attention maybe.

[em-bobs]

Hang on a mo. If you send a CCA request s.78(1) request they could:

1. Send you a copy of the credit agreement within 12 days. They would then have complied with CCA ->

2. Not send you a copy of the credit agreement. BUT, a notice of default has 10 days statutory notice(?mods?). A CCA request has 12 days before they are in default of it. So the account would not YET be in dispute under the CCA until AFTER they default you with the CRA's.

 

Either way does not work for you.

 

The Data Protection Act s.10 notice states that you are WITHDRAWING your permission for them to share any Data about you with third parties (ie the CRA's). You give them 7 days -> this might work.

 

Of course, I could be totally wrong about this so please correct me if so.......

 

 

On the SAR DPA whatever it is, (acronyms are great, yet so confusing) there is no mention of me withdrawing permission for them to share data....

 

I'm going to try the personal approach on Monday - ask them to give me a reason why they have suddenly gone from the opinion that my account is 'not a cause for concern' to the decision that they want to file a default???

 

PS Are you a 'The Prisoner' fan per chance?

[kateandpete]

On the S.A.R - (Subject Access Request) Data Protection Act whatever it is, (acronyms are great, yet so confusing) there is no mention of me withdrawing permission for them to share data....

But there is on the s.10 notice that i linked earlier.

 

I'm going to try the personal approach on Monday - ask them to give me a reason why they have suddenly gone from the opinion that my account is 'not a cause for concern' to the decision that they want to file a default???

I'm the nervous sort and i insist that everything is in writing, otherwise I feel it puts me at a disadvantage. Also it's easy to prove you acted in good faith in court if you can produce recorded delivery letters.

 

PS Are you a 'The Prisoner' fan per chance?

I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered! My life is my own.

[em-bobs]

But there is on the s.10 notice that i linked earlier.

 

 

I'm the nervous sort and i insist that everything is in writing, otherwise I feel it puts me at a disadvantage. Also it's easy to prove you acted in good faith in court if you can produce recorded delivery letters.

 

 

I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered! My life is my own.

 

Loves it...

[em-bobs]

Loves it...

 

Oh and yes... I will certainly back it up in writing. I'm just going to approach them Monday for time reasons, unless I can find another 'official' way round it before then.

[em-bobs]

But there is on the s.10 notice that i linked earlier.

 

Sorry - yes, I'm getting all muddled - all this help, it's overwhelming. I will cerainly send this s.10 notice, but in the notes on the template it states that it is no use if you have given them pemission to share your data. The bank put my account on a 'D2' (or at least I think that's what they said) which in branch I said OK to. Now this was before I started my official battle with them, and I'm not exactly sure what this D2 state means, or indeed what I agreed to. It's this that I need to clarify on Monday.

 

I think I may get an S.10 in the post anyway, as it can't do any harm.

 

Thanks for your time BTW. You lot know so much!

[JonCris]

Hang on a mo. If you send a CCA request s.78(1) request they could:

1. Send you a copy of the credit agreement within 12 days. They would then have complied with CCA ->

2. Not send you a copy of the credit agreement. BUT, a notice of default has 10 days statutory notice(?mods?). A CCA request has 12 days before they are in default of it. So the account would not YET be in dispute under the CCA until AFTER they default you with the CRA's.

 

Either way does not work for you.

 

The Data Protection Act s.10 notice states that you are WITHDRAWING your permission for them to share any Data about you with third parties (ie the CRA's). You give them 7 days -> this might work.

 

Of course, I could be totally wrong about this so please correct me if so.......

 

 

It's very unlikely they will comply as they must also provide a statement of account.

 

However if they do comply at that point you should state the account is in dispute & immeadietly send a SAR demanding your statements. all records of manual interventions etc:

 

A DPA cannot be retrospective & if as is most likely they claim the info has already been passed it's of little good

[JonCris]

Hang on a mo. If you send a CCA request s.78(1) request they could:

1. Send you a copy of the credit agreement within 12 days. They would then have complied with CCA ->

2. Not send you a copy of the credit agreement. BUT, a notice of default has 10 days statutory notice(?mods?). A CCA request has 12 days before they are in default of it. So the account would not YET be in dispute under the CCA until AFTER they default you with the CRA's.

 

Either way does not work for you.

 

The Data Protection Act s.10 notice states that you are WITHDRAWING your permission for them to share any Data about you with third parties (ie the CRA's). You give them 7 days -> this might work.

 

Of course, I could be totally wrong about this so please correct me if so.......

 

 

This is the section that applies from day one

 

Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce the agreement in law.

Until they supply all of the info they cannot take legal action