Nationwide have defaulted me but I had started hardship claim

[Jamesx81x]

Hi Again Andrea

 

Karen Bartley name rings a bell thats who i was dealing with when i was going through my complaint.

 

Firstly you received the default an on the 1st July. The ICO Guidance on filing defaults clearly states that the consumer must be given 28 days to remedy the default (section 33).

 

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

 

The Lending Code 2009 Section 3.36 also clearly states that 28 days must be given to remedy.

 

http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf

 

Even the date on the default notice does not give you 28 days

 

For that reason this default notice is not valid and should they place it on your file it will be inbreach of the 4th principle of the data protection act which recording accurate and fair data comes under.

 

Does the default notice also have served under the consumer credit act on it? If so that is a load of tosh to as an unauthorised overdraft doesnt come under the cca.

 

Make a complaint to them using the grounds above. They may infact choose to issue more accurate one at a later date but it will give you a few weeks to try putting things right.

[Jamesx81x]

Because they are stupid and incompetent to be honest.

 

Simply ask them what credit agreement they are referring to. Bet they will not be able to answer you.

 

The 28 days is clearly set out for them to understand and abide by. If they dont that is their problem not yours.

[Jamesx81x]

An account in disupte is simply you disputing inaccurate amounts that you owe for example. You can dispute any account you have whether it be catalogue or bank but you need a valid reason for doing so.

 

Since the supreme court decision, the fact they have added bank charges you do not agree with cannot really be used any more. You can go along the grounds of hardship but even then the bank is not obliged to return any previous charges if they do not wish to. They may offer services in other ways ie, freezing interest no future charges things like that.

 

With regards to the CCA the point i am making is that they have issued the default under section 87 of the cca. This can only be done on a credit account that is governed by the cca. An unauthorised overdrfat is not. They have not given you credit, neither have you signed a regulated agreement. Section 87 clearly states regulated agreement.

 

It is something you need to fire at them straight away along with the fact they have breached Section 33 of the ICO's guidance on defaults and section 3.36 of the lending code.

 

They will have only breached the data protection act if they place the default on your credit file as at the moment they are threatening you with one.

 

I will write up a letter for you and send you it, probs tomoz then you can post it Monday.

 

[Jamesx81x]

No you just have to be experiencing financial hardship

[Jamesx81x]

Hi Andrea

 

Send them this, just add all your details account/referenc number etc.

 

Account No. xxxxxxxx

 

Dear Karen Bartley

 

Firstly reference the default notice itself it states it is served under Section 87(1) of the Consumer Credit Act 1974. Section 87 refers to breaches of a regulated agreement. As an overdraft is not covered by a regulated credit agreement the default notice is not valid.

 

I would also like to bring to your attention Section 3 Paragraph 36

 

Whether or not notice was given by the subscriber and consent was obtained from the customer at the time the account was opened, disclosure of default information can be made. But, in all cases, the customer must be given further notice of the intention to disclose the information at least 28 days before the disclosure is made (for example, when a default notice or formal demand is given). At the same time, customers must be given an explanation about how default information registered against them may affect their ability to obtain credit in the future. This notice will mean that customers have 28 days to try to repay or come to some arrangement with the subscriber before default information is passed to the CRA

 

Section 33 of the ICO guidance on defaults also reiterates this, clearly stating a minimum of 28 days is to be given.

 

As 28 days have not been given in this case you are in breach of both the ICO guidance and Lending Code 2009.

 

Furthermore if you do add this data to my credit file after clearly not following the correct guidelines laid down you will have breached the fourth principle of the Data protection Act in that the data will not have been processed fairly.

 

I trust this clarifies my position on this matter and i look forward to receiving a full explanation from you.

 

Regards

 

XXXXXX

 

Hope you get a positive reply.

 

James

[Jamesx81x]

Has to be 28 days from the day you receive it.