Nat West - default notice help needed

[mr1967]

We have a trial date of 23rd October with NatWest regarding a loan and overdraft. The loan was originally defaulted in 2009 and we received an incorrect default notice (wrong loan amount details, insufficient time to rectify, etc) at that time. They took us to court in 2012 and the case was struck out because they failed to file a witness statement (mainly because the default notice was incorrect!). Then in April 2013 they issued a "correct" default and have pursued us in court since.

It looks like lenders can reissue default notices and then pursue the debt in court but having recently spoken to the FCA, FOS and Information Commissioner, all appear to be alarmed at how my credit file reads - it shows up to date payments until 6 months before April 2013 (the date of the "correct default" even though there was an original default in May 2009. Furthermore, even though the payments are shown as up to date (green lights), the loan amount hasn't changed during that time. Either the payments were up to date in which case the loan amount would reduce, or the account was in default, in which case the Experian report would show red lights and be in default.

Nat West would be unable to prove any payments since February 2009 and it appears that they have amended my credit file to fit their re-issued default, which in effect means they have taken us to court on a lie.

Can anybody advise what we can do at this late hour?

[leclerc]

Re: Nat West - default notice help needed

Bump this one up for people on the forum in the evening.

[Amethyst]

Re: Nat West - default notice help needed

We have a trial date of 23rd October with NatWest regarding a loan and overdraft. The loan was originally defaulted in 2009 and we received an incorrect default notice (wrong loan amount details, insufficient time to rectify, etc) at that time. They took us to court in 2012 and the case was struck out because they failed to file a witness statement (mainly because the default notice was incorrect!). Then in April 2013 they issued a "correct" default and have pursued us in court since.

It looks like lenders can reissue default notices and then pursue the debt in court but having recently spoken to the FCA, FOS and Information Commissioner, all appear to be alarmed at how my credit file reads - it shows up to date payments until 6 months before April 2013 (the date of the "correct default" even though there was an original default in May 2009. Furthermore, even though the payments are shown as up to date (green lights), the loan amount hasn't changed during that time. Either the payments were up to date in which case the loan amount would reduce, or the account was in default, in which case the Experian report would show red lights and be in default.

Nat West would be unable to prove any payments since February 2009 and it appears that they have amended my credit file to fit their re-issued default, which in effect means they have taken us to court on a lie.

Can anybody advise what we can do at this late hour?

Have you entered a defence ?

And have you made a formal complaint to Natwest and the ICO ?

Is this new claim bought by Natwest ?

[Guest]

Re: Nat West - default notice help needed

Just to clarify. The loan was defaulted in 2009, was the defaulted balance then added to the overdraft, and is this the record which shows on your CRA file ?
If so then there would be no fixed repayments, usually.
Are the amounts claimed correct in any case ?

[mr1967]

Re: Nat West - default notice help needed

Have you entered a defence ?And have you made a formal complaint to Natwest and the ICO ?Is this new claim bought by Natwest ?

We have entered a defence and also exchanged witness statements - next week is the trial date.We have contacted FOS who will contact Nat West for their response and are making a complaint to the ICO.This is a new claim by NatWest but relates to the same case that was struck out in 2012.

[Amethyst]

Re: Nat West - default notice help needed

Could you post your defence?

[Guest]

Re: Nat West - default notice help needed

Are we sure that the action and the credit ref file does not relate to the overdraft ?

[mr1967]

Re: Nat West - default notice help needed

Just to clarify. The loan was defaulted in 2009, was the defaulted balance then added to the overdraft, and is this the record which shows on your CRA file ?If so then there would be no fixed repayments, usually.Are the amounts claimed correct in any case ?

The loan was defaulted and the overdraft was terminated in 2009 so two separate defaults were registered. When it came to court in 2012 the default notice for the loan was defective so NatWest didnt bother to submit a witness statement so it was struck out.Then in 2013 they issued a new default notice and amended our credit file by removing the default notice from 2009 and replacing it with a new one that showed up to date payments during most of the time period we hadnt made any payments, including the time they took us to court in 2012. The new default notice shows a fixed balance but there is a separate default notice for the overdraft.

[mr1967]

Re: Nat West - default notice help needed

Are we sure that the action and the credit ref file does not relate to the overdraft ?

Positive - there is one default for the loan and another for the overdraft.

[Guest]

Re: Nat West - default notice help needed

Positive - there is one default for the loan and another for the overdraft.

Good, so the sum they are clamming just relates to the loan, ?

Have they not bothered pursuing the overdraft account which was also in default.

[mr1967]

Re: Nat West - default notice help needed

They are focusing on the loan although a new default has been registered for the overdraft

[sloane82]

Re: Nat West - default notice help needed

To be honest did you have any PPI on the loan?. How much was the loan for and you can appeal the default.

[mr1967]

Re: Nat West - default notice help needed

To be honest did you have any PPI on the loan?. How much was the loan for and you can appeal the default.

No PPI. Loan was £20k and was defaulted in 2009 and again in 2013 - they have chopped my credit file to make the 2013 default fit and the FCA, FOS and ICO all want to know more about this misconduct.There is a separate termination notice for the overdraft issued in 2009and 2013 with no overdraft facility in place - the balance is purely fees.Surely they cant do this?

[sloane82]

Re: Nat West - default notice help needed

To be honest I took out a loan with the Halifax Had a credit card with them also. I had PPI on both claimed it all back. So when did you take out the loan I'd contact I-smart consumer services get an application pack sent to your address fill it out send it back and see what the result is I bet your owed thousands.

[Amethyst]

Re: Nat West - default notice help needed

[MENTION=53946]25135591[/MENTION] Please can you quit recommending bloody I-smart - we DO NOT RECOMMEND USING I-Smart - or any other reclaim company for that matter. Reclaiming PPI is quite straightforwards, and certainly with the support from LegalBEAGLES site users and members.

[MENTION=53946]25135591[/MENTION] Search on I-Smart on the forum, you'll find a number of threads about them.