Natwest Default

[gb4dea]

Hi everyone hope I can contribute to your community and vica versa hope you can help me out

I have two seperate issues with a default from Natwest, first being I didn't receive any default warning and second one is the default was registered four months after they had passed to the DCA
Please can someone point me in the right direction, thanks in advance, Mark

[Amethyst]

Was the default on a current account, card or loan ?

Where are you getting the default date from ? your credit file ? I've attached a pic of a bit of a Noddle credit file - you want to check the actual date written rather than where the red dots start. Also you've said four months after passed to a DCA ... how long after you think it did actually default was it passed to a DCA ? and was this a DCA acting for Natwest or a debt purchasing company ( like Lowell/Cabot etc ) ?

[gb4dea]

Hi thanks for reply

The debt is related to my Natwest current account and was passed onto an external DCA "Moorcroft"

Received exit letter from Natwest Sept 2016 giving 60 days notice to close account and pay any debt associated with account, in my case it was my overdraft facilty

Contacted Natwest Oct 2016 to arrange payment and was asked if I was paying in full or instalments, to which I replied I would rather set up a payment plan, I was then asked to contact them again after the 60 days had expired to arrange

After 60 days had expired contacted Natwest again and was given the contact details for the DCA "Moorcroft"
Started monthly payment plan Jan 2017 until last payment was made Nov 2017

Nov 2017 received discharge letter from Natwest saying all debt satisfied and account now closed

Applied for a morgage in March 2018 and was declined
Checked credit file on Equifax and Experian, default registered end of April 2017 by Natwest

Raised first complaint March 2018 and stated that I unfairly received default with no warning and if I had been informed I would have made alternive arrangments to pay in full within 60 days notice

They replied " I have spoke to our recoveries department who have confirmed that your account defaulted correctly in Dec 2016, also we are not oblidged to send you a Default notice or formal demand, therefore there has been no bank error"

Unfortunately I was unware of the 6 month rule and contacted the financial obursman in Oct 2017, he informed me he could investigate but only with their permission as 6 months had passed since final response, he suggested it may be more benefical to set up a new complaint

Nov 2018, contacted Natwest and complained they had unlawfully sold my debt on four months before registering the default, Natwest apogised and promised they would contact the credit reference agencies and amend default date, they also offered me £100 compensation which I have so far declined

Contacted financial obursman this week and they have asked Natwest for permission to investigate the first complaint, but will definately investigate the second more recent complaint

I've also received my SAR from natwest and checked it word for word, no mention at any stage via any correspondence of default warning

Does anyone think its worth going down the legal route and taking them to court ?

[Amethyst]

Ahhh okay that makes sense.

Yes they should have informed you here

Contacted Natwest Oct 2016 to arrange payment and was asked if I was paying in full or instalments, to which I replied I would rather set up a payment plan, I was then asked to contact them again after the 60 days had expired to arrange

that if you opted for a payment plan the account would enter a default situation as soon as the 60 days were up. An overdraft is repayable on demand and the letter informing you of the 60 day closure should have informed you of that and the consequences of not doing so.

I think it's worth pushing on with the FOS first.

[gb4dea]

Hi everyone quick update, had a response from FOS
As expected Natwest not giving permission to investigate first complaint

Dear Mr ####### I hope you’re well. NatWest has been in touch to say that they don’t consent to our service investigating the complaint that they responded to in March 2018. This will mean that we can’t consider the part of the complaint about whether the default should have been applied. If you disagree, or if there are any other exceptional circumstances that you haven’t already told me about, please let me know and I can pass this to a colleague who can make a decision as to whether this is a complaint that we can consider. Kind regards ########

I'm so frustrated with myself as I wasn't aware of fos 6 month rule until it was to late

Does anyone know if Natwest are breaking any laws in the consumer credit act by not giving any default warning, prior to it being registered ?

Just need some clarification so I can consider take legal proceedings at a later date

Thanks

[pt2537]

Hi everyone quick update, had a response from FOS
As expected Natwest not giving permission to investigate first complaint

Dear Mr ####### I hope you’re well. NatWest has been in touch to say that they don’t consent to our service investigating the complaint that they responded to in March 2018. This will mean that we can’t consider the part of the complaint about whether the default should have been applied. If you disagree, or if there are any other exceptional circumstances that you haven’t already told me about, please let me know and I can pass this to a colleague who can make a decision as to whether this is a complaint that we can consider. Kind regards ########

I'm so frustrated with myself as I wasn't aware of fos 6 month rule until it was to late

Does anyone know if Natwest are breaking any laws in the consumer credit act by not giving any default warning, prior to it being registered ?

Just need some clarification so I can consider take legal proceedings at a later date

Thanks

It would potentially be a Data Protection Act issue along side a CCA issue, the creditor needs a Default notice before he can enforce the agreement, as part fo that notice he should give the debtor notice of the intention to report to the CRA thus satisfying the ICO guidelines on reporting