My problem affecting husband

[Rojomateus]

Hi all

 

I had a nationwide account for years to which I added my husband about 6 years ago - this was for ease of use but tbh I managed (mismanaged) the account. There was an overdraft on the account which kept being suspended as due to a variety of reasons we occasionally went over - then I started on a plan to reduce the overdraft each month - again at various times I forgot the date that it was due to reduce and went over - each time it was set up again the date changed so this kept happening.

 

Eventually due to charges etc which they added I got cross and fell out with them! - long and short they demanded full payment - I could not do this so they stopped account and sent debt letters.

 

Husband recently applied for credit and was refused - have checked his credit file and there is a nationwide default on there - this is the only blemish on his credit file.

 

I have a number on mine so not especially worried as I am 4 years into 6yrs when defaults will fall off.

 

However I want to sort him out as this is really my fault.

 

I now could pay this amount but had a brief conversation with Nationwide - said I did not remember a default notice and could this be sorted - not surprisingly they said no.

 

My question is that I would like to try the template for not having received a default notice - in an effort to get this removed. Should I be successful I will happily pay debt as presumably they could write a letter and put it back on again.

 

I have had a look at some of the template letters but remain a little unclear as to whether they have to be able to prove a default notice was sent - if they cannot do this within a time period do we then write to credit agencies asking for it to be removed with copies of letters sent to Nationwide and they will remove it (and I then pay the debt)

 

This seems too simple??

 

thanks in advance for any advice.

[citizenB]

I dont think they are actually required to send a Default Notice in respect of an overdraft debt - they would simply send you a letter closing the account and calling in the overdraft.

 

I think they are required to send you a Letter/Notice advising that they will be reporting the default to the Credit reference agencies within 28 days of the Notice.

 

Ignore my previous statement.. about seeing a link.. what has happened is BarclayCard has written to lots of people advising that if they dont make contact or repay their debt within 28 days they will be reporting the defaults to the CRAs..

 

so it looks like I am correct in that NW should have sent at the very least a letter advising you of this.

 

NW will most likely have recorded on their own log that a letter was sent to you. I doubt very much that they will remove the default off your OH's records if he is joint name on that account.

[BRIGADIER2JCS]

A demand for payment in full /recall of facility. With a notice if that it is not repaid a default will be filed and reported to CRAs.

All the bank will need to do is state is such a notice was sent on a certain date.

 

 

This being a joint account the default is applied to both parties, this is correct I'm afraid there is no reason for it to be removed from your husbands file, the bank can pursue you 'jointly and severally ' for payment.

[Rojomateus]

Thanks everyone. Is there any hope if we argue that we did not receive the letter? or should I wait until it goes to a debt collection agency and then offer to pay if default is removed? Any other suggestions? Has anyone ever known nationwide to remove a default as a goodwill gesture even?

[BRIGADIER2JCS]

As far as I can see taking a reasonable view of how the "default" has arisen I cannot see any cause that would warrant removal of the default.

Nationwide will argue that they can (correctly) apply the default to both parties files and pursue the debt "jointly and severally".

 

 

A DCA will treat this in the same way.