Natwest Mortgage shortfall account/Default vanished on 6yrs expiry - now its back - help

[davehoward79]

This was a joint mortgage, yes ?

 

Were you both issued with claims and judgments ?

 

You are aware that you are both responsible for the debt - is it likely that your ex is making payments or has acknowledged the debt ?

 

Yes this was a joint mortgage

 

Im assuming she did received jdgements, but as i said things where VERY bitter, so never really come up in conversation lol

 

Yes i am aware we are both responsible for the debt, but i can assure you my x wife would NEVER want to pay this, which has always left me in a corner

[davehoward79]

OK, i will spk to the Natwest tomorrow, and see what they say. Is the template a SAR request form?

[davehoward79]

Don't write to any 3rd party Dave before coming back here please!!

 

 

Absolotly not...not a clue what to say anyway

[dx100uk]

if the debt went off the CRA file in may 2013 [6yrs defaulted date]

 

nothing can bring it back

12yrs mortgage limitation makes no odds

there is nowt in the ICO default rules that says anything other than 6yrs.

 

dx

[davehoward79]

if the debt went off the CRA file in may 2013 [6yrs defaulted date]

 

nothing can bring it back

12yrs mortgage limitation makes no odds

there is nowt in the ICO default rules that says anything other than 6yrs.

 

dx

 

Hi dx, thats what i thought! I was just unsure what to do to stop whoever it is recording late payments on the file. After some invaluable advice from members, im better advised and a bit more clear where to go next with this

[dx100uk]

if the debt is back on your cra file

it wil say who the owner is

 

get noddle report

check its the same

 

dx

[Mike_hawk]

OK, i will spk to the Natwest tomorrow, and see what they say. Is the template a SAR request form?

 

Dave

 

Probably sensible to check cra files prior to speaking to NatWest.

 

New entries tend to crop up in an attempt to draw the other party to the table. You have to ask yourself why its now being reported and what the creditor would hope to achieve.

[davehoward79]

if the debt is back on your cra file

it wil say who the owner is

 

get noddle report

check its the same

 

dx

 

On the credit file, it says natwest, but i have phoned the litigation dept for the natwest this morning, and they have no record of me? hmmmm...the plot thickens

[davehoward79]

Dave

 

Probably sensible to check cra files prior to speaking to NatWest.

 

New entries tend to crop up in an attempt to draw the other party to the table. You have to ask yourself why its now being reported and what the creditor would hope to achieve.

 

I regualy check my experian CRA file. Im thinking thats excactly the reason why they have registered these late payments against me!

[citizenB]

On the credit file, it says natwest, but i have phoned the litigation dept for the natwest this morning, and they have no record of me? hmmmm...the plot thickens

 

Was it NatWest who were the claimant at the time of repossession ? If so, then I would have thought they would need to keep records for the full 12 years, especially if they were intending to continue pursuing for the shortfall ?

[davehoward79]

if the debt is back on your cra file

it wil say who the owner is

 

get noddle report

check its the same

 

dx

 

I have signed up and checked my noodle account. Intrestingly, there is information on my noodle account that is not on my Credit report? how is noodle different to experian? Also, the payments that this post relates to does not show on my noodle account, but is abviously on my credit file?

 

Was it NatWest who were the claimant at the time of repossession ? If so, then I would have thought they would need to keep records for the full 12 years, especially if they were intending to continue pursuing for the shortfall ?

 

Yes it was the Natwest who where the claiment. But according to a few ppl on here, there not allowed to pursue after the 6 yeras? is this not the case?

 

Don't write to any 3rd party Dave before coming back here please!!

 

I have spoken to the natwest, and the debt is still with them. However, they did say that the file is with there solicitors (shoesmiths), so i would need to spk with them. However, i am reluctent to do so until i am advised otherwise by the community!

 

I asked about making a SAR, and they said i would have to make the SAR request to the solicitors, and they would go back to the bank for the full details of the account!

 

so, where next?

[BRIGADIER2JCS]

Well Dave that's a complete load of bowlocks from NW the SAR goes to the Data Controller at the London Head Office by recorded signed for delivery.

Shoosmiths are ''solicitor'' the to rent used often by the dregs of the debt collection industry.

They will NOT have the data you require.

Why bother with Shoosmiths when they will just forward the SAR to NW anyway.

 

Get the SAR done asap Dave is my advice, and use the template from the CAG library.

 

Also include this in the same envelope.

 

The Data Controller

NatWest Plc

 

Ref: account No.xxxxxxxxxxxxxxx.

COMPLAINT:

 

Sir/Madam,

I wish to draw your NatWest is causing to be displayed on my Credit Reference Files held by xxxxxxxxxx credit reference agencies.

 

I attach herewith a screen print of the offending entry (s) which now show a 'live account' 6 months in arrears, this entry was placed on xx xx xxxx, following the removal of the previous entry which showed as defaulted, this was quite properly removed on the 6th anniversary of the original default date.

 

I require NatWest Plc to furnish me with a full and detailed explanation as to why the manifestly unfair action has been taken by the bank.

 

I have enclosed herewith a Subject Access Request made under the Data Protection Act 1998 together with the statutory fee of £10.00, which is entirely separate from the complaint laid out above.

 

Therefore your immediate response is required to the complaint and MUST NOT be included with the SAR and its 40 day time scale.

[davehoward79]

Excellent BD, thanks for the reply

 

Does it matter that the entry that was previously on my experian credit file was NOT a Default, but a CCJ? Also, where can i find the templates?

 

Again, i appreciate all the adivce i have received off here, and will be making a donation to CAG

[BRIGADIER2JCS]

I'm working on the basis that the account was defaulted prior to the court claim, let's see what they say, the account would not have been removed if no default was in place.

 

This may spark them up and get things sorted out for you.

[davehoward79]

Excellent, i shall set about this this evening and await there reply!

 

I'm working on the basis that the account was defaulted prior to the court claim, let's see what they say, the account would not have been removed if no default was in place.

 

This may spark them up and get things sorted out for you.

 

One more question. I have been reading up on the limitations act 1980, and from what i can make out, the claiment have 12 years on shortfall payments, providing that it is capital owed and not interest. I know the money owing is capital, so would this not apply to my case?

[BRIGADIER2JCS]

Excellent, i shall set about this this evening and await there reply!

 

Just give me a buzz if you need help, I'll be around its to hot to move!!

 

One more question. I have been reading upo on the limitauins act 1980, and from what i can make out, the claiment have 12 years on shortfall payments, providing that it is capital owed and not intrest. I know the money owing is capital, so would this not apply to my case?

 

Correct, BUT the Council of Mortgage Lenders, which I believe NW are a member of have agreed that if no contact has been made with the debtor for 6 years they will not pursue mortgage shortfall debts, to bring these in to line with the limitations on other debt.

[davehoward79]

Correct, BUT the Council of Mortgage Lenders, which I believe NW are a member of have agreed that if no contact has been made with the debtor for 6 years they will not pursue mortgage shortfall debts, to bring these in to line with the limitations on other debt.

 

yes, waaay too hot musnt complain though!

 

Yes, i did read that somewhere actually...again many thanks for ALL of your excellenr advice!

[BRIGADIER2JCS]

Happy to help:-D

[davehoward79]

Happy to help:-D

 

 

where can i find the templates BD?

[BRIGADIER2JCS]

SAR template is in the CAG Library Green Tab top LH of this thread just under ''Banks & Credit' sub-forum header.

[davehoward79]

Is this the corr4ect one BD?

 

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

 

 

 

 

 

 

 

Dear Sir/Madam

 

 

ACCOUNT/REF NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

 

 

 

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

 

This Subject Access Requestis includes - but is not limited to any data you hold about me in respect of any matter and held in any form including notes, screen notes, recordings, internal correspondence and external corresppondence.

 

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

 

If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.

 

 

 

Yours faithfully,

 

 

[signature]

 

 

[name]

[BRIGADIER2JCS]

That's fine, some like to quote chapter and verse of the DPA 1998 but its totally unnecessary as the Data Controllers know what you want.

 

Mark the cheque or postal order ''for statutory fee only''. Use recorded signed for post.

[davehoward79]

That's fine, some like to quote chapter and verse of the DPA 1998 but its totally unnecessary as the Data Controllers know what you want.

 

Mark the cheque or postal order ''for statutory fee only''. Use recorded signed for post.

 

Hi BD, what is the address for the Natwest Data Controller pls?

[ims21]

SAR requests can go to the bank's registered office

 

National Westminster Bank Plc.135 Bishopsgate, London EC2M 3UR.

 

Mark it for the attention of "The Data Controller".

[BRIGADIER2JCS]

SAR requests can go to the bank's registered office

 

National Westminster Bank Plc.135 Bishopsgate, London EC2M 3UR.

 

Mark it for the attention of "The Data Controller".

Thank you ims:-)