Nat West - default notice help needed

[mr1967]

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.

I didnt take out PPI and at the moment I'm concerned about defending myself at trial next week.

[Amethyst]

Re: Nat West - default notice help needed

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?

Hi Mr1967

not sure if you saw my earlier post, but a copy of your defence would be very helpful in seeing what you need to do (or can do) before the hearing on the 23rd. Thank you xx

Sharon
xx

[mr1967]

Re: Nat West - default notice help needed

DEFENCE STATEMENT

1. We have received a copy of the credit agreement relating to account number xxx together with terms and conditions referred to in the credit agreement.
2. We have received two default notices from the Claimant for account number xxx. The original default notice was received in 2009 and is invalid for the following reasons:

• Account Number is incorrect.
• Arrears amount is incorrect.
• The date in subsection 1 is 25th June 2009, which is less than 14 days after the date of service (11th June 2009 + 2 days allowed for postage) – see the Consumer Credit Act 1974 Section 88(2) which states: A date specified under subsection (1) must not be less than 14 days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those 14 days have elapsed.

3. The second default notice was received in 2013 but the account was closed by the claimant in 2009 (see point 9 below).

4. The credit file for Mr shows the second default was registered on xx/xx/2013 and that there have been over 30 payments since the beginning of the loan. If this is the case, the claimant will have proof of these payments and the balance would be considerably lower than £20k. If this is incorrect, the claimant has made significant errors in reporting personal data for Mrs to credit reference agencies and is in breach of the Data Protection Act 1998.

5. If the second default notice registered on Experian on xx/xx/2013 is correct and payments were up to date during 2011 and 2012 as the Experian report shows, we would like to know why we were taken to court in 2012 and why the original, defective default notice was relied upon at that time.

6. We received a recall termination notice for an overdraft on account number yyy which gave until 25th June 2009 to make an arrangement for repayment but did not include a date of service or a signature.

7. A default notice was registered on Experian on xx/xx/2013 for account number xxx but the account was effectively closed by the claimant in 2009 (see point 9 below).

8. We have never received an explanation as to why funds were moved from account number xxx in 2009 to account number yyy in full knowledge that there were insufficient funds in this account and this was done in order to create an overdrawn position and a fee. The Claimant will be put to strict proof that manual intervention was applied to the Current Account.

9. With reference to BCOB rule 5.1.1 and the example of unexplained peremptory closure of accounts, we can confirm that although account number xxx remained open so that bank charges could accrue and so payments could still be made into the account, our access to the account was terminated around March 2009. This termination was characterised by us not being able to access the account online or via an ATM. We will be relying on the terms and conditions within the facility letters to clarify that the termination of the overdraft complies with BCOB rule 5.1.1.

10. It is believed that if the Claimant cannot produce the facility letters stipulated under Conditions 2(b) and/or 2(c) of the Determination as set out above, they cannot therefore claim exemption from Sections 57 to 63 of the CCA 1974. Furthermore, the Claimant will be put to strict proof as to whether it has complied with Condition 2(a) above. In that respect, we refer the Court to the case of Coutts & Co v Sebestyen [2005] EWCA Civ 473 (28 April 2005).

11. Notwithstanding the above we will contend that the overdraft balance was accrued penalty charges in its entirety levied by the Claimant.

12. In the circumstances we contend that until such time as the Claimant has established a legal entitlement to payment and given disclosure of material which unequivocally justifies an entitlement to the sum of money claimed, it is impossible for the Claimant to show and for the court to determine that we have no reasonable prospect of showing at trial that the sum of money claimed (whatever that sum may be) is not owing to the Claimant.

[sloane82]

Re: Nat West - default notice help needed

Ok sorry about I-smart. But I found this appart from contacting the banks a good company.

[Amethyst]

Re: Nat West - default notice help needed

Thanks for that mr1967.

SO on top of the dodgy default notice, you are claiming the amalgamation of accounts put your account into unauthorised overdraft and allowed Natwest to add further charges to your account.

What did Natwest respond to the defence with - does their witness statement mention OFT v Abbey National & Ors ?

[mr1967]

Re: Nat West - default notice help needed

Not quite - dodgy default notice followed by "correct" default notice and separate overdraft termination notice also received in 2009 and 2013. The problem with the overdraft termination is that there was no agreement for an overdraft in the first place and it is just an amalgamation of fees. In terms of the default notice, they terminated the account by way of legal action and froze our accounts and when the game was up and they couldn't proceed at court, they decided to retreat for a few months, come back with new legal action against my wife only (I got added at the directions hearing), a new default notice, a new termination notice on the overdraft and a completed fictional credit file to substantiate the new story they needed to paint.

I can't convert their defence/witness statement at the moment, but it glosses over default notices, termination of the overdraft and credit files and just focuses on "there is a valid credit agreement so the money is owed".

[sloane82]

Re: Nat West - default notice help needed

Sorry to hear about this.