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Default notice sent to wrong address
Hi all,
Looking for a bit of help here. I’ve posted it in general credit cards as it seems like a pretty generic question but I guess it could also be Natwest or Westcot specific given those are bodies in question. If this post isn’t suitable for this sub-forum I apologise but it seems like it could have went in a number of different ones!
To make things easier to understand I think I’ll just post a timeline of events:
I’m happy to pay off the debt in the ‘normal credit card way’ and am not looking to avoid it or get out of it or anything, but I resent the fact that I will have a default against my name for 6 years and now have to deal with a debt collection agency, given that I never received any warnings or default notices from Natwest as they sent them to an old address which I believed I had changed.
I’m not really sure what my question is here
But basically how do I approach Natwest and Westcot now? Is there any way I can get the default removed? What is the legal status if they’ve sent reminders and a default notice to my old address? I would’ve thought normally that would be my fault for not informing them of the change, but I did, and the current account change surely proves that? With that in mind surely them selling the debt onto Westcott is also invalid?
I’ve read all the information out there so I know what my steps 2, 3, 4 etc are but I’m not sure what step 1 is in my situation (if you get what I mean). Do I challenge Natwest, Westcott, both? Do I just do the normal ‘prove A, B and C way’ or do I just challenge on never having received a default notice if they did send it to me, just to an old address? Is this a customer service thing or a contractual thing? I guess there’s nothing I can do to get the debt back to being with Natwest, rather than Westcot, right?
If I had to do it myself now I’d probably just
1 – letter to Westcot to say I’ve received your letter and am trying to resolve confusion with Natwest, in the meantime can you provide me with a copy of the deeds of assignment and any other information and please halt any additional charges that may be incurred
2 – letter to Natwest complaining about what’s happened, asking for the default to be removed from my account and asking for an explanation of why my credit card address wasn’t changed
3 – see what Westcot’s response to 1 is…
Is this my only course of action? I feel like because of the address mix up and sending the default notice to a different address I may have another angle to come at this from???? My priority is getting the default removed from my credit history as the debt itself is relatively small, but I’m worried that if I pay Westcot then there’s no way I’ll get it removed as I’d be relying on something like a gestured of goodwill on Natwest’s part to remove it, rather than me ‘forcing it’ through using a legal argument.
Just looking for a nudge in the right direction I guess. Any help or info would be appreciated.
Many Thanks
Looking for a bit of help here. I’ve posted it in general credit cards as it seems like a pretty generic question but I guess it could also be Natwest or Westcot specific given those are bodies in question. If this post isn’t suitable for this sub-forum I apologise but it seems like it could have went in a number of different ones!
To make things easier to understand I think I’ll just post a timeline of events:
- August 2013 - move house, moving in with girlfriend and therefore intending to open joint account
- Meanwhile, in the move etc, fall behind with Natwest credit card payments
- September 2013 - go into Natwest branch to open new joint account and change my address. Account is opened (and my as then ‘late’ credit card payments are specifically mentioned by the advisor)
- December 2013 – go into branch to query the fact I haven’t had a credit card statement recently (but have had current account statements) – I’ll have fallen behind on payments and will be collecting late payment fees so really need to sort paying it out – am told they can’t help me and I need to ring credit card services, who tell me my debt has now been passed on to a debt collection agency
- December 2013 – I complain to customer services that I haven’t received any kind of warning of this happening, no late payment reminders never mind a default notice, they check my address on the system and it’s my old address. I tell them I came into branch and changed my address with an advisor in front of me and they say the advisor must have only applied it to the current account, and not my credit card account, hence me not receiving any of the warnings. And that’s it, as now it’s been passed to a DCA it’s not a Natwest issue anymore.
I’m happy to pay off the debt in the ‘normal credit card way’ and am not looking to avoid it or get out of it or anything, but I resent the fact that I will have a default against my name for 6 years and now have to deal with a debt collection agency, given that I never received any warnings or default notices from Natwest as they sent them to an old address which I believed I had changed.
I’m not really sure what my question is here
But basically how do I approach Natwest and Westcot now? Is there any way I can get the default removed? What is the legal status if they’ve sent reminders and a default notice to my old address? I would’ve thought normally that would be my fault for not informing them of the change, but I did, and the current account change surely proves that? With that in mind surely them selling the debt onto Westcott is also invalid? I’ve read all the information out there so I know what my steps 2, 3, 4 etc are but I’m not sure what step 1 is in my situation (if you get what I mean). Do I challenge Natwest, Westcott, both? Do I just do the normal ‘prove A, B and C way’ or do I just challenge on never having received a default notice if they did send it to me, just to an old address? Is this a customer service thing or a contractual thing? I guess there’s nothing I can do to get the debt back to being with Natwest, rather than Westcot, right?
If I had to do it myself now I’d probably just
1 – letter to Westcot to say I’ve received your letter and am trying to resolve confusion with Natwest, in the meantime can you provide me with a copy of the deeds of assignment and any other information and please halt any additional charges that may be incurred
2 – letter to Natwest complaining about what’s happened, asking for the default to be removed from my account and asking for an explanation of why my credit card address wasn’t changed
3 – see what Westcot’s response to 1 is…
Is this my only course of action? I feel like because of the address mix up and sending the default notice to a different address I may have another angle to come at this from???? My priority is getting the default removed from my credit history as the debt itself is relatively small, but I’m worried that if I pay Westcot then there’s no way I’ll get it removed as I’d be relying on something like a gestured of goodwill on Natwest’s part to remove it, rather than me ‘forcing it’ through using a legal argument.
Just looking for a nudge in the right direction I guess. Any help or info would be appreciated.
Many Thanks
