Natwest issue

[jeebeeb]

Hi. Last year I checked my Equifax credit file for the first time and discovered an entry from Natwest Card Services dating back to 2004. I was convinced that this had been paid off in 2006 when I left University. I contacted Natwest who claimed that they had been sending statements to my parents address every month since 2001. This is untrue but they claim their evidence lies in the fact that 'no markers were applied to my account to prevent statements being sent'. However, surely over a nine year period they would have sent chasing letters, default notices or taken some kind of legal action against me if this was the case. I have since sent two letters advising them that the debt is statute barred. However, they have started sending me statements once more and they continue to update my credit file with last payment markers. Basically, I had no knowledge of this debt until last year and I feel I have had my otherwise perfect credit rating ruined through this. Can anybody advise me of my next move? Any help would be hugely appreciated as this is ruining my life.

[natweststaffmember]

Re: Natwest issue

Hi. Last year I checked my Equifax credit file for the first time and discovered an entry from Natwest Card Services dating back to 2004. I was convinced that this had been paid off in 2006 when I left University. I contacted Natwest who claimed that they had been sending statements to my parents address every month since 2001. This is untrue but they claim their evidence lies in the fact that 'no markers were applied to my account to prevent statements being sent'. However, surely over a nine year period they would have sent chasing letters, default notices or taken some kind of legal action against me if this was the case. I have since sent two letters advising them that the debt is statute barred. However, they have started sending me statements once more and they continue to update my credit file with last payment markers. Basically, I had no knowledge of this debt until last year and I feel I have had my otherwise perfect credit rating ruined through this. Can anybody advise me of my next move? Any help would be hugely appreciated as this is ruining my life.

Any charges on them?
Worth reclaiming every single solitary penny from them....

[jeebeeb]

Re: Natwest issue

Hi. It seems like the balance was frozen in time since 2001 from what I can gather. There has been no interest or charges added during this period. I was hoping that somebody could advise of the next step after a financial organisation has clean stonewalled your statute barred letter to them (and theyk eep adding late payments to your credit file!) I seem to be in a unique situation. I tried to get some advice on another forum and got nowhere. Hoping somebody can help me out of this mess!

[natweststaffmember]

Re: Natwest issue

Hi. It seems like the balance was frozen in time since 2001 from what I can gather. There has been no interest or charges added during this period. I was hoping that somebody could advise of the next step after a financial organisation has clean stonewalled your statute barred letter to them (and theyk eep adding late payments to your credit file!) I seem to be in a unique situation. I tried to get some advice on another forum and got nowhere. Hoping somebody can help me out of this mess!

When was the last time you actually had any contact from NatWest on this specific issue?
or rather when was the break in the last time you heard from them to today?

[jeebeeb]

Re: Natwest issue

Thanks for the reply. I have written to Natwest three times in total since I noticed the data on my credit file last February. On each occasion I have been careful to ensure that it is clear I am disputing the debt. They began sending statements to me in March last year, pretty much immediately after contacting them to dispute the debt in the February. Basically, they do not demand payment, they have not added any charges or interest in this period, it is just a generic balance statement. I complained the the Ombudsman last year. Unfortunately, they pretty much sidetracked the challenging questions in my original complaint such as why no contact? why the generic statements with no interest or charges over eight years? and came back with a simple conclusion that the debt was mine. I simply feel I can't wait another year by complaining again to them so I am hoping somebody can help me settle this for once and for all.

[natweststaffmember]

Re: Natwest issue

Thanks for the reply. I have written to Natwest three times in total since I noticed the data on my credit file last February. On each occasion I have been careful to ensure that it is clear I am disputing the debt. They began sending statements to me in March last year, pretty much immediately after contacting them to dispute the debt in the February. Basically, they do not demand payment, they have not added any charges or interest in this period, it is just a generic balance statement. I complained the the Ombudsman last year. Unfortunately, they pretty much sidetracked the challenging questions in my original complaint such as why no contact? why the generic statements with no interest or charges over eight years? and came back with a simple conclusion that the debt was mine. I simply feel I can't wait another year by complaining again to them so I am hoping somebody can help me settle this for once and for all.

Perhaps a full Subject Access Request is needed including the archive notes(make sure you say that you want them) to determine what if anything you may or may not owe.

[jeebeeb]

Re: Natwest issue

I was wondering if this would help. So what exactly are the archive notes and what may that reveal? I'm a bit new to all of this. I have read that it is standard practice for a default to be issued after two or three months of missed payments. If I had been defaulted in 2001, I would be in a better position than I am at present with all these late payment markers. The default would have dropped my credit file off in 2007! I will SAR them in the morning and if you wouldn't mind, I will update you with details of what is forthcoming. Thanks for the advice on this, it's really appreciated. What is the best letter template to use in your opinion? I have looked and there seems to be so many out there!

[natweststaffmember]

Re: Natwest issue

The one that is about a full subject access request and add in a line about the fact you require any archived notes on the account.

[jeebeeb]

Re: Natwest issue

Just one thing, could this not be interpreted as admission of liability?

[natweststaffmember]

Re: Natwest issue

Just one thing, could this not be interpreted as admission of liability?

You're asking more about IF you are liable with a SAR then saying you ARE guilty

[WendyB]

Re: Natwest issue

and surely if this debt (If indeed there is a debt) is over 6 years old and you have not acknowledged it in any way since then it would be Statute Barred?

[jeebeeb]

Re: Natwest issue

Ok, I'm with you Natweststaffmember thanks. Wendy, that is my thinking. The issue here is that they have not responded to my statute barred letters and they just keep updating my equifax file with late payment markers. Also, I thought debts were generally defaulted after two or three missed payments, I haven't been defaulted in nine years! This smacks of inconsistency to me. What do you do if a bank stonewalls your statute barred letter and just keeps trashing your credit file? Has anybody else experienced this? Ok, I'm going to send the SAR request by recorded delivery tomorrow morning and wait 40 days for a response. Thanks for your assistance guys.

[jeebeeb]

Re: Natwest issue

Hi. Just a quick update. Equifax have at last responded to my complaint that the debt is statute barred. They have sent this to Natwest in order for them to examine their data. Does anybody have any idea of a likely outcome to this?

[Curlyben]

Re: Natwest issue

You mentioned taking this to the FOS, what was their response ?
Are you 100% sure that this is indeed statute barred ?
What did the SAR turn up ??

Remember information is king.