Natwest satisfied default - what next...?

[ali0809]

This is my first post here so please bear with me...

 

I am desperately trying to get a satisfied default caused by a student overdraft in 2007 removed from my husband's credit file (it's for about £2000) and was hoping for some advice on what to try next. I have already tried the sympathy angle (asking nicely to remove it seeing as it's been paid etc.) but not surprisingly they said no (response below...)

 

"I appreciate that your situation is significantly improved since the Default was applied to this account, and hope that this continues to be the case going forward. However, having looked into the reasons that the Default was applied, I am satisfied that this was done correctly and do not feel that we can justifiably remove this record from your records

 

The Bank is obliged, under the Consumer Credit Act, to report the correct information to the CRAs. In this instence we have done so, and the records are correct. As such we would not look to amend this" blah blah blah yours sincerely Roger Gall Case Manager blah blah blah...

 

Is there another route around this? Should I write again to ask to reconsider as their obligation isn't a legal obligation, just standard practice?

 

Is it worth trying the Default Notice route in the hopes their paperwork isn't in order? I don't know whether they issued this to him, and my husband can't remember if he received one. I read on another thread somewhere that they no longer have to provide the original default notice, just have an electronic record that one was sent? Is this right?

 

We are desperate to buy a house and have the deposit all saved and ready to go - unfortunately no lenders will touch us because of this default (had we realised when we paid it that satisfied defaults were just as bad, we'd have negotiated the removal into the settlement - hindsight is such a pain in the arse!)

 

Any help would be greatly appreciated!!

[vacma373]

Hi

Firstly the bad news. If the default happend and correct process followed there`s nothing you can do. They will keep it on file for 6 years. At least yours is 2/3rds served and it would give you a couple of years to save a bigger deposit.

 

Ok that said, they are obliged to provide you with copy of original notice and there has, within the last month, been a landmark judgment (Brandon v Amex) that has loaded the arguement in the consumers favour. I suggest you read up on this as a first step. Then contact the bank for copy of default notice. Ask for all letters exchanged between yourselves. The judgement means that ANY mistake in serving, or wording, mis-spelling of names, ANYTHING can invalidate it.

Best wishes

[ali0809]

Thanks for your response, much appreciated!

 

We're absolutely desperate to get a mortgage now as we're paying over the odds in rent and getting a house means we'd be nearly £200 a month better off! My husbands parents have also offered to help us out a bit once we're able to secure a mortgage - so we're soooooo close and this satisfied default is the only thing standing in the way! I could kick myself for not getting it removed when we settled the debt!

 

I'll try the default notice route and see if that works! Am I better off requesting an SAR beforehand to see if a default notice is there first, or just dive straight in and ask for it right off the bat?

 

Thanks for the info regarding Brandon V Amex also...I'll have a good read of it and fingers crossed I can find something to help!

[citizenB]

A Subject Access Request will cost you £10.00 and hte company has 40 calendar days in which to respond. There is a draft letter in the CAGlibrary, linked at the top of each screen. However, you should ensure you request all information that you feel you will require that might not be in the draft.

 

Almost certainly you require the communications log which should cover the period when / if the Default notice was issued. In order to request the Default notice (copy) you need to request any "statutory Notices" that might have been issued.

 

HTH

[ali0809]

Ok, I'm a bit confused now (sorry - I'm a bit new to all of this and trying to wing it as best I can! lol)

 

I thought if I sent an SAR they would have to send me ALL the documents/info they hold on the account? Do I have to specify exactly what it is I want them to send? (eg communications log & statutory notices etc)

[ali0809]

Ok, I think I have figured it out - you have to specify what you want them to send so there's no loopholes if they don't send it - is that right? I have found this letter and tweaked it a bit - I would really appreciated someone giving it a once over to let me know if it's suitable or if I've left anything out pls:

 

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

 

Date: xx:xx:xxxx

 

Dear Sir/Madam

Name xxxxxxxxxxxx

Account No’sXXXXXXXXXXXXXXXXXX

 

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to a current account previously I held with NatWest Bank.

 

I would be grateful if you would provide the following for ALL accounts or associated accounts I hold or have held with your organisation:

 

Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.

 

A complete list of all transactions or statements relating to ALL accounts with your organisation.

 

Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

 

Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my account.

 

Where you have used abbreviations and/or codes, I would request that an accompanying sheet be provided so as to translate these abbreviations and/or codes and their meanings. I also request an accompanying appendices of the documents included and reference to the purpose or meaning to those documents.

 

I request that you provide all the information requested above, even though you may consider that it falls outside Data Protection.

 

I reserve the right to refer to the contents of this letter if an application for pre-action discovery is necessary relating to any of the documents requested herein.

 

I enclose a cheque in the sum of £10 to cover your fee.

 

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

 

I look forward to hearing from you in the first instance of receipt.

 

Yours faithfully.

 

Thanks!!

[citizenB]

Looks fine to me Send it at the very least by Recorded delivery and keep the receipt. They have 40 CALENDAR days to comply with your request.. so 2 days after posting.. start counting

[ali0809]

Great, thanks for that! I will get it sent asap...will keep the thread posted on my progress!