Wrongful default from Natwest - can I take them down?

[wrinklesfromnatwest]

Finally - a forum that gives me a true legal viewpoint.

My username - wrinklesfromnatwest - is derived from the fact that Natwest have significantly contributed to my wrinkles over the past two years. This has to stop - and Botox just isn't my thing. I'm really hoping that one of you out there can help me to construct something really simple so that I can get my problems with Natwest sorted, once and for all.

Summary:
- Default incorrectly placed on files with all CRA in November 2010
- I received no notices of any kind from Natwest whatsoever
- I only discovered this default after being rejected for a mortgage
- I asked Natwest to prove that they'd placed the default on my files correctly - they wrote back saying that they had no evidence, and that they'd remove the default. This was April 2012. Great news, right? No.
- Fast forward to February 2013. The default is STILL there - I file another complaint via the FOS
- They admit that 'oh dear - you're right - we still haven't removed it. We'll do it within 28 days'
- You know what's coming, don't you....they didn't. It's STILL there
- Cue me calling them twice a day. They keep fobbing me off, saying that it will be resolved in 48 hours. 48 hours. Another 48 hours. I'm in the process of trying to buy a house. I have a good job, minimal debt (standard student load + a credit card) I cannot get a mortgage because of this default. It's obviously causing me significant stress.

Can anybody help me come up with a way to hurry them along? Options are:
- take them to small claims court based on Durkin vs DSH & HFC (but how long will this take?)
- email the lovely Stephen Hester to see if he can move things along (ah, this won't work)
- have patience, and continue with the phonecalls in the hope that they will pull their fingers out of their nether regions and do what they say they would.

Any other options? Would love to hear your viewpoints. I'm reaching the end of my tether. And my wrinkles are showing no signs of diminishing any time soon.

Yours in utter despise of Natwest,
Wrinkles

[The Debt Star]

Re: Wrongful default from Natwest - can I take them down?

Mate just complain to the CRAs that are permitting incorrect data to be filed. Make a complaint and exhibit the bank's letters. If the CRAs refuse to suppress the default then take it up with the ICO.

[enquirer]

Re: Wrongful default from Natwest - can I take them down?

... I asked Natwest to prove that they'd placed the default on my files correctly - they wrote back saying that they had no evidence, and that they'd remove the default.

They admitted in writing that they had no evidence. They also promised to remove the default - and then never did.

This is the stick to beat them with. File a complaint with ICO.

[The Debt Star]

Re: Wrongful default from Natwest - can I take them down?

Why bother doing that when the CRAs will remove it anyway. Complain to the CRAs. The ICO will take forever.

[enquirer]

Re: Wrongful default from Natwest - can I take them down?

Why bother doing that when the CRAs will remove it anyway. Complain to the CRAs.

No-one is doing anything. That's the problem.

The ICO will take forever.

ICO is certainly slow, but once their letter arrives at Natwest, things are likely to happen.

[ncf355]

Re: Wrongful default from Natwest - can I take them down?

Hi,

on personal experience - DON'T rely on Durkin unless you're in Scotland

I tried Durkin and (contained within Durkin) King v British Linen recently and was told there were other cases in English law that basically made them of little value as the Scottish rulings could not over rule the English.

However, part of my failre was the fact no contract existed between the co. I sued and myself, whereas in your case there is a clear contract

Khopraror v Woolwhich may be of value to you, though I would certainly get decent legal advice before going down this route

[The Debt Star]

Re: Wrongful default from Natwest - can I take them down?

Post #1 doesn't suggest OP has ever taken this up with the CRAs. I would think this should be his first port of call.

[Lord_Alcohol]

Re: Wrongful default from Natwest - can I take them down?

My experience of Experian (no idea about the others) is that they will not remove or change any data without the data controller's agreement. All they will offer is a notice of correction.

I appealed to Stephen Hester by email and got very good results. It took some time though and a bit of arguing but was very well worth the trouble.

HTH

[Rico]

Re: Wrongful default from Natwest - can I take them down?

Can anybody help me come up with a way to hurry them along? Options are:
- take them to small claims court based on Durkin vs DSH & HFC (but how long will this take?)

This could be your quickest option.

They should capitulate within 4 weeks of your claim for £8K.

They'll offer to remove the default, refund your costs and pay an amount less than £8K rather than attend court with a hopeless case.

Good luck.

Rico.

[labman]

Re: Wrongful default from Natwest - can I take them down?

This could be your quickest option.

They should capitulate within 4 weeks of your claim for £8K.

They'll offer to remove the default, refund your costs and pay an amount less than £8K rather than attend court with a hopeless case.

Good luck.

Rico.

Is this based on personal experience or supposition? The Debt Star has been successful in getting quite a few defaults removed so has a good track record in this area. I think they took him a fair while to get removed even following the route he did though.

[leclerc]

Re: Wrongful default from Natwest - can I take them down?

Is this based on personal experience or supposition? The Debt Star has been successful in getting quite a few defaults removed so has a good track record in this area. I think they took him a fair while to get removed even following the route he did though.

Research on a username is worth it.....ever heard of the Durkin case? Stand up rico

I would add that the OP has not logged onto the forum since the end of May so......nice thread but are they bovvered

[labman]

Re: Wrongful default from Natwest - can I take them down?

Hokey Dokey - thank you. I will leave things in your capable hands.

[ncf355]

Re: Wrongful default from Natwest - can I take them down?

This could be your quickest option.

They should capitulate within 4 weeks of your claim for £8K.

They'll offer to remove the default, refund your costs and pay an amount less than £8K rather than attend court with a hopeless case.

Good luck.

Rico.

"DANGER Will Robinson" etc, etc...........


Unless you are in Scotland, take some serious advice over this before commencing action and relying upon the Durkin authority.

I have tried this recently and they came up with a number of authorities that they bashed me over the head with, stating that as the authorities quoted were set in English law, they took precedent over Durkin due to it being Scottish.

Judge agreed with theirn position and stated that any damages claimed had to be quantified (e.g: you couldnt get a 0% card so it cost you £XX.XX per month in interest for X months = £XXX.XX).

Also stated that any action had to be based upon a claer, contractual position.

There is the Data Protection Act damages route, but again you have to quantify damages (if you achieve this, you can then claim distress damages, but without quantified damages as a starter, the court cannnot consider the additional distress path)

Bearing in mind the amount you would be attempting to claim if operating via Durkin (£8k+) you would be in Fast Track and open to costs, so tread V carefully.

[Rico]

Re: Wrongful default from Natwest - can I take them down?

£8K should remain in small claims court.

There seem to be quite a few English judges that still don't get the principal of general damages without proof. The Supreme Court should straighten that out next year. Obviously they've never suffered a credit annihilation.

A friend in Nottingham was offered £2.5K (default had already been removed) but came across an inferior judge when he insisted on going for the full amount available at the time in the small claims court.

He ended up with nothing. Amazingly, the judge found a way to side with the bank that admitted it was wrong! Oh dear.

Rico.

[ncf355]

Re: Wrongful default from Natwest - can I take them down?

I hope you're right Rico, the current situation in England is a joke

I'll have to dig out the cases they cited in defence