NatWest / RBS Default

[alittleknowledge]

Hi all

 

I had a current account with overdraft with NatWest (opened August 2010, defaulted November 2011).

 

The default amount registered with the CRA's was incorrect and so I have been chasing NatWest to correct this and challenged the entry with Experian, Equifax and Call Credit. Call Credit completely removed the default entry after NatWest failed to substantiate it however Experian and Equifax refuse to change the record unless NatWest instruct them to. NatWest obviously claim that they haven't made any mistakes.

 

To try and get some evidence to prove that the amount was incorrect I sent off a SAR to NatWest on the 07th April 2014. They missed the 40 day deadline and have been providing their response in dribs and drabs with bits arriving from them on the 23rd May, 24th June and 03rd July.

 

One item still outstanding is a copy of their default notice and in their latest letter (03rd July) they have said that will be unable to send a copy of the default notice because "These are system produced letters and we are therefore unable to provide copies".

 

My question is; is this an acceptable response from them or should they still be able to provide a copy of the default notice? If they should then how should I proceed with forcing them to provide one or (if they aren't producing a copy because a notice was never issued) does this mean I can realistically challenge the default in its entirety?

 

Thanks in advance for any and all advice

 

 

 

Edit: Just read dx's response to a vaguely similar thread. Doesn't seem right that a default notice isn't required for current accounts when reading the ICO's guidance on registering defaults (section 4, paragraph 5 on page 6)? Apologies - I would include links to both the thread and ICO guidance but I don't have enough posts to include links.

Edited July 14, 2014 by alittleknowledge

[dx100uk]

sadly they don't have to produce it

 

the only refrence to it in industry guidelines etc

 

is they must be able to show one 'was sent'

 

this is typicallycontained within the comms/account nores

section of the sar.

 

dx

[alittleknowledge]

Thanks for the quick reply dx - I think you responded while I was editing my 1st post

 

Doesn't seem right that they don't need to but I accept that it's the case.

 

I'll check the account notes but assume a reference to it being sent is probably there.

 

Follow up question then would be

 

what is the correct procedure to get them to correct the default balance registered with the CRA's?

 

From memory they said in the region of £2k when the true amount was £1.2k.

 

I'm not sure whether that will make any difference to future lenders

but assume it can't hurt to get it corrected to a lower amount.

 

Equally that wouldn't be a reason for getting the entry removed would it?

 

I can afford to pay the balance but trying to make the best of a bad situation...

pure stupidity and head/buried/sand scenario that got me where I am...

[dx100uk]

if you have proof the balance is wrong by their statements

 

then put them to strict proof the entries are correct.

 

callcredit to their [dis]credit

don't usually argue when a punter challenges something

they just amend their data

as they know they are small fry comapes to exp/eqi.

 

dx

[alittleknowledge]

Thanks again dx I'll send a letter off to them this week then.

 

If it's not too cheeky one final question?

 

The reason I'm doing this is because I'm trying to help a friend

by acting as guarantor on a mortgage application

(if it was only affecting me then I'd graciously accept the wrongdoing!)

- would a settled or satisfied entry look significantly better to the

majority of potential mortgage lenders do you know?

 

I've googled it but get as many different answers/opinions as there are search results..

. Tempted to accept a partial settlement offer but would prefer to pay the whole amount if it looks better.

[dx100uk]

if a default is on a credit file

paying it off, wont make any odds

it will stlll show for the 6yrs from its date

as a true record of how you operated the account.

 

if the debt has been sold on to a DCA/debt buyer

then there has been some success with asking for it to be removed as part of the deal.

 

but you must insist the debt has ALL negative data removed [like monthly markers too]

 

Partial settlement is no good

it must be marked as settled with no neg data showing

to make any diff to your rating.

 

p'haps a challenge on the default if its balance included any PENALTY charges might work.

 

have you all the statements?

[alittleknowledge]

They have provided statements as part of the SAR.

 

I would guess that they are all there but to be frank I haven't looked through everything too carefully yet

while I've been waiting for the remainder of the requested info.

 

I'll check them specifically for charges as part of that balance but I think the £1.2k figure sounds fairly accurate.

 

It's been about 2.5 years since the default date and I'm on the third/fourth DCA chasing the debt now

- went from Triton CMS to Moorcroft, Robinson Way and currently with Experto.

 

Each time it changes NatWest send me a letter which describes the new DCA as their 'collection agent'

- I'm not sure whether this means that the debt has been sold

but suspect not as the debt apparently keeps going back to NatWest.

 

Thanks (again) for the quick advice so far!

[dx100uk]

I would suspect then its not been sold

as its bouncing back each time.