2 incorrect defaults added and Natwest will not remove

[LJK77]

Hi, this is my first post in a form like this and I would be delighted to receive any help I can get. I am having a whole host of ongoing problems with Natwest, sumarised below:

 

In 2006 an existing loan with Natwest that my now ex-husband had was put in both our names, so the additional debt was shared with my ex but as my name is now on the whole agreement we are both liable. He also had a bank account that became joint a little after this time.

 

In 2009 we both worked for companies who went into administration. We contacted all our lenders at this time and paid what we could afford, however Natwest refused our lesser amount. They offered to extend our overdraft. Several months later we received a letter that said the loan was 3 months in arrears. When I called they explained that the overdraft had not been agreed yet they had not contacted us to explain this. They again refused our £190 which was the maximum we could afford (having worked out a budget with CCCS). Lots of calls and letters were exchanged and after 6 months and being passed between departments the debt was sold on to Incasso and we agreed to pay £380 to Incasso as we were now both working. We split up soon after due the stress!

 

We have been paying £380 by DD every month for the past 12 months. I have written several letters and made several phone calls as I have had 2 defaults added to my file. One just before we paid Incasso and one last month even though I have paid over the original amounts for the past 12 months. All this has been explained in a 4 page letter and several calls but this morning I have received the following:

 

We regret to advise you that the loan agreement form has been misfiled and, despite searching our records, we have been able to locate it. Our record of the setting up of the loan has insufficient detail to enable us to recreate the agreement with the required degree of certainty that is required.

 

We appreciate that under section 77(4) of the Consumer Credit Act, we will be unable to take steps to enforce repayment of the loan should you decide not to meet your obligations under the loan. However, we believe that you should continue to make repayments as the agreement remains valid. You should note that your continuing default will be reported to Credit Reference Agencies as section 77(4) only prevents us from pursuing recovery of the debt through the courts.

 

Yet again, Natwest have not bothered to look into my case. I have had several calls with them this week. An administration error means that even though I have been paying £380 every month to Incasso (I detailed bank statements with my letter too), Natwest hadn't picked this up and their records show that my ex-Husbands debt is with Incasso and mine has been passed back to Trident through Natwest. Incasso said this is a mistake and I called Natwest again and they agreed. So they have defaulted me by mistake. I am so frustrated that they cannot be bothered to look into my complaints that are 100% their error! First, they refused our ammount when we were both in such difficult financial circumstances (every other lender agreed to us paying a smaller amount whilst we found new jobs), they didn't tell us that an overdraft hadn't been agreed. Now they are making errors and adding defaults even though I pay more than required.

 

What can I do to get these defaults removed? It is driving me mad that they take no interest, responsibility or care.

 

Any help would be greatly appreciated

[rebel11]

Hi LJ

 

Welcome to CAG

The guys will advise as soon as they are available. Thread Moved.