SARS, Charges, Default Date

[SherrieT]

Hello to everyone and I thank you in advance for any help you can give me.

I am very new to the World of claiming charges/ensuring companies have done things correctly etc so would like so advice.

Firstly, the debt was with a Natwest credit card back when I was a student and

so I was pretty broke and

they then defaulted me after 6 months of non-payment (fair enough).

The limit on the card was £500.

 

 

In October 2013 I issued Natwest with a SARS.

They replied on the 40th day saying they required more information to be sure of my identity.

I sent another letter including the information and

I have received the Credit Card info but not the Current account,

whereby another 40 days will have passed on 12th Feb.

I know I am going off subject for this,

but I wondered whether the 40 days was most certainly already up and what the next course of action would be?

 

 

From the SARS this is the information I have got:

 

 

15th October 2010 Default Notice stating I had 17 days from the date after the letter was dated to bring payments within the credit limit.

If I do not comply with the Default Notice, I will no longer be covered by any Credit Card Protection I may have etc etc.

 

 

2nd November 2010 presumably they had Defaulted me since I did not pay.

 

5th November 2010 Letter stating default charges on my account of 1/11/2010 £12 late payment fee and 05/11/2010 £12 Overlimit Fee.

 

8th November 2010 Letter stating Account Termination (This is the last letter until I contact them in 2012 regarding payments).

 

On my Equifax Credit Report they have Defaulted me on 07/12/2010

 

Am I in a position to ask for the particulars of the Default since one would assume from the Default Notice

that I would be Defaulted on 2nd Nov 2010 but instead was Defaulted according to my Credit File on 7th Dec 2010?

 

 

From my statements I have:

 

 

05/11/2010 2 lots of interest

 

 

05/11/210 Overlimit Fee

 

 

03/12/2010 2 lots of interest

 

 

Can I claim back these charges as technically in accordance with the Default Notice they should have already Defaulted me a

nd thus cannot add charges after my presumed Default Date?

They have sent no information in my SARS relating to an actual date of Default

so surely I could be correct in believing it would be in accordance with the Default Notice they have sent me?

Or am I just being optimistic? J

 

 

I also would like information about the charges I have received.

I am aware the OFT ruled that charges over £12 are excessive but all the charges I have received from Natwest are £12.

However the first month I stopped paying the minimum payment was July 2010 when the balance was £459.08.

September 2010 was the first month I went over the limit due to the late payment fee plus interest

so I began also paying overlimit fees also.

Therefore by 5th November 2010 the balance was £580.91 which is a difference of £121.83 just purely in charges alone.

Can I reclaim any of this back?

 

I know this is all very long so I do apologise, I have tried to put as much information as possible.

 

Once again, thank you to anyone who can help me at all.

 

Sherrie

[dx100uk]

the date of compliance for the SAR will be 40 days from when they received the correct info to ID you.

 

as for the default etc.

 

there is little or no DIERECT relationship between the DN and the defaulted date on your CRA file.

 

all the DN does is 'gives' them the authority to default your credit file...not 'when' they will actually do it.

 

as for default charges etc

 

regardless of any DN, they can charge the £12 fees .and interest until they terminate the account.

 

you can reclaim ALL the £12 fees but NOT the interest.

 

if you put in a reclaim the CISHEET automatically calculates the interest these charges have cost you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

[SherrieT]

Hi, thanks for the information.

 

 

So that I am clear in my understanding, can they charge the £12 fees and interest until they terminate the account or Default the account? I have a letter stating termination of the account on 8/11/10 but they still charged interest in December 2010.

 

 

How would I go about claiming all the £12 fees? For example, what reasoning would I give for claiming them back? Why would they comply with refunding the charges? How can I prove they were unfair/unlawful etc? I am in no way trying to get out of paying for the debt I owe, but there are charges in excess of £130 on the account over a 6 month period.

 

 

Sherrie

[dx100uk]

they can do what they like till they terminate.

 

charges reclaiming links 3 below

[SherrieT]

But from the SAR they have sent nothing relating to the actual default date so if I hadn't looked at my credit file I wouldn't know if they had or the date etc. Surely they have to provide at least something relating to the Default date otherwise how would they themselves know I was defaulted by them if there is nothing on their system to say such a thing? Should I write a letter asking for EVERYTHING relating to me as in notes/screens of my account as this must be on their system?

 

 

Thanks

[dx100uk]

usually in the comms log there is a record

 

all they have to do isprove it was sent.

 

but yes

 

you should have ALL the data in the SAR.

 

dx