Natwest Credit Card Question

[Neo]

I had a Natwest Credit card which has been closed now.

 

Over 12 months they had charged me around £200 in charges (late payment charges, overlimit). I generally brought it back into credit every month when i could. But towards the last few months I missed payments. The debt was passed to a collection agency and my Natwest Card closed. The debt was paid off through the agency. I was defaulted by Natwest.

 

The card limit was only £600.

 

I have sent the Prelim letter off asking for a refund. Should I be requesting that i have the default removed? Ok not all of the amount defaulted was charges but there were a few charges in there.

 

My main question is, do a proportion of the debt have to be charges or is it just any part of the debt?

[alanfromderby]

Unfortunately, if the default was caused by anything other than unlawful charges then you cannot request its removal. However, you can make a formal request that it be marked as paid - I think there is a fee for this but not sure how much.

[Neo]

Thank you, but I just remember reading that if the default was made up of any illegal charges then the default amount was incorrect and therefore not valid and not legal, but can't find the post..

[BankFodder]

Well, that post was probable mine but youhave to undersatnd that it was only a view.

 

However it seems to me that yu have to take an pverall view of the fairness of the deafult notice.

 

So if youhave been defaulted for £600 on which £30 was an unlawful penalty then I wold say that the default notice is unfortunately braodly correct. This is because, as fas as I know, deafult notices don't record the sum in deafult. If I am wrong on this then let me know because then it becomes a completely different matter.

 

On the other hand if the deafult was for £600 of which £570 was unlawful penalty charges then i would say that the deafult notice is incorrect. If you agree with these two positions then you have to agree that somewhere in between is a line between fair and unfair. You might say that it is at 50% but I wold say that it would be weighted rather more in favur of the consumer. maybe 65/35 but who knows.

 

then you have to look at the circumstances of the deafult. If only 20% of the sum is comprised of penalties, it might be that the default is not incorrect. on the other hand you might want to argue that if it had not ben for the burden of the unlawful penalties that youmight have been able to control the debt and that it wold neve have gotten out of hand in the first place. If this is the case and you canargue it then you could say that the default is unfair.

 

once again, this is only a view.

[Neo]

Thank you, I understand now. So not sure whether to push my luck. What is the worst that can ahppen? Could the judge say there's your money back but no default to be removed?

 

Summary of facts:

 

Defaulted amount: £465.98

Charges: £160.00

 

So that is 34% of the amount!

[Azazal23]

Bankfodder, i think they do record the amount - well i know they do. I am not entirley sure but if the amount is incorrect then surley the entry has to be removed as it is defamtory. I think, you could argue the fact that if the unlawful charges had not been imposed then the person may have been able to clear hi/her debts and the default may have never been a factor

[Neo]

Bankfodder, i think they do record the amount - well i know they do. I am not entirley sure but if the amount is incorrect then surley the entry has to be removed as it is defamtory. I think, you could argue the fact that if the unlawful charges had not been imposed then the person may have been able to clear hi/her debts and the default may have never been a factor

 

What have I got to lose!

[Neo]

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