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**Deepie** · 30 May 2014, 14:55

Re: 2nd Default on Nationwide CC

Have you seen this section NW ? -----> Defaults, The Law & Removal

**nightwatch** · 30 May 2014, 15:07

Re: 2nd Default on Nationwide CC

I have Deepie, but I didn't get any of the things mentioned for the original or a default notice at all for the second one they put on.so dont want to mention the dodgy 1st default as they may say the second one is to remedy the faulty 1st one
I did have a successful outcome with a Barclay account that had a second DF put on my credit file buy contacting Experian directly when Barcs ignored my letter, but that default had come off much earlier in 2008, barcs were saying they had no record of one ever being issued,
I just find it annoying that they want to discuss payment of the account and no mention of the fact that my complaint is about an unlawful default

**nightwatch** · 6 June 2014, 10:07

Re: 2nd Default on Nationwide CC

OK, I decided that because it looks like Nationwide want to blackmail me into making a payment before they remove this 2nd default, to contact experian directly.
Emailed them and pointed out that they should still have it in their files that the original 2007 default only came off last year, so would they kindly remove this unlawful 2nd one,as Nwide seem to be unable to under stand that they cannot default the same account twice,
their reply as anticipated was' we will contact Nwide as we need their authorisation'

Today I receive the same letter from Nwide as the one on 28th may, saying they need me to contact them to discuss the outstanding balance and my intention to clear the debt,

I was thinking along the lines of you remove the default and I'll think about discussing the ALLEGED debt when you fully comply with my CCA request

or, more along the line of ' what the chuff has discussing my intentions have to do with a Formal Complaint about an unlawful default being placed on my credit file with out any notice of your intention to do so, or checking to see if you had already placed one on it 7 years ago' get your Data Controller to re read the guidance on recording a default, and while your at it give me their name so I can make sure I have it for the court papers ,as they are issuing Incorrect data to the credit reference agency's.
Also may I ask why, as this Complaint is about data recording, are you in Lending Control looking into it and not the data control department?

or I am open to offers if anyone can suggest anything else xx

**Never-In-Doubt** · 6 June 2014, 10:24

Re: 2nd Default on Nationwide CC

No need - one debt = one default. Can you clarify what dispute you raised with the CRA? Is it Experian?

If they've just issued a DN but not affected the actual CRA then that's different of course.

**nightwatch** · 6 June 2014, 10:48

Re: 2nd Default on Nationwide CC

Hi niddy
when Nationwide CC( in dispute no T&C) passed the debt to AIC in Feb this year, they had put a NEW default on my experian file, they never sent any notice of their intention to do this or I would of argued the difference with them then.
The original Default was issued in may 2007 and recorded my credit file so duly removed may/June last year 2013
I wrote to Nationwide(Formal complaint) 28th March pointing out that they had already defaulted the account in 2007 and that they had recorded it with the CRAs so could not record another default for the same account and asked for them to remove it from all CRAs they had recorded it with,
I got no reply, so wrote again 28th april, asking why no one had replied to my Complaint (enclosed a copy) and said I was now demanding the removal of the default or I escalate the matter further.
Got the normal reply of they are looking into my complaint and would get back to me as per the dates in 1st post
then received the letter saying to investigate my account and my concerns I need to contact them ,by phone, to discuss the outstanding balance and my intention to clear it, so my gut reaction is they are trying to get me to admit the debt, to take it out of dispute before they will remove the new default, only think this because the letter is from the Lending Control department and not Complaints/data department

**Never-In-Doubt** · 6 June 2014, 10:57

Re: 2nd Default on Nationwide CC

Which CRA(s) show the new default? Have you raised a CRA dispute? I'll help you with that. It's their responsibility not NW's

**nightwatch** · 6 June 2014, 11:03

Re: 2nd Default on Nationwide CC

I only checked Experian as I get that privilege free with my bank account, and I have 3 days ago raised the matter with them as Nwide are playing silly buggers.
will check the others later when I have more time x

**Never-In-Doubt** · 6 June 2014, 11:15

Re: 2nd Default on Nationwide CC

Ok, so you raised a dispute with Experian - have they responded with a "you need to contact the account owner (ie NW)" response yet? OR is it still pending...?

**nightwatch** · 6 June 2014, 11:42

Re: 2nd Default on Nationwide CC

I told them I had contacted NW but they seemed unwilling to remove the default, Experian were contacting them, which may account for the second identical letter wanting me to contact NW

**oscar** · 6 June 2014, 11:46

Re: 2nd Default on Nationwide CC

Bet this is Lowells.....

EDIT - Ignore me - just re-read first post

**nightwatch** · 9 June 2014, 09:33

Re: 2nd Default on Nationwide CC

Ok fuming now, Experian say they have contacted NWide who have requested I contact them to access the situation and will not let experian remove the default
experian are going to remove the dispute notice unless I want it left on my file

Any suggestions!

**Never-In-Doubt** · 9 June 2014, 09:35

Re: 2nd Default on Nationwide CC

Sit tight - nudge me later if not replied, just dealing with legal stuff which needs looking into.

Won't be too long ** honest **

**Never-In-Doubt** · 9 June 2014, 09:46

Re: 2nd Default on Nationwide CC

Originally posted by nightwatch View Post

Ok fuming now, Experian say they have contacted NWide who have requested I contact them to access the situation and will not let experian remove the default
experian are going to remove the dispute notice unless I want it left on my file

Any suggestions!

Ok, you need to go back to Experian - and respond as follows:

I had a Nationwide Account that was originally defaulted in April 2007 - with the 3 CRA's. That default dropped off my credit file(s) last year which was around 6 years after the original default had been recorded. On checking my file in March this year, I find that there is a new entry for this already defaulted account with a default date of Feb 2014. This is impossible as the account already defaulted back in 2007 and you will be able to see this from your own records so please immediately purge this duplicate entry (for the same account) before I report your actions and conduct to the ICO. The ICO Guidelines that you adhere to clearly state that an account must only be defaulted once yet you're messing around letting Nationwide leave this libellous data present.

I expect this duplicate entry to be removed within the next 7 days before more formal action and possible legal proceedings are brought against you. As Data Processor you have a duty to act when you're told by the Data Subject that data being reported by the Data Controller is incorrect. This is one of those occasions when you must overrule the bank because this will be the second default entry for the same debt which as we both know is a severe breach of regulatory guidelines.

That's it - nothing more, nothing less

**nightwatch** · 9 June 2014, 09:53

Re: 2nd Default on Nationwide CC

many thanks Niddy will let you know what happens

Any Idea what to do with the Nwide end of the Formal complaint and being held to ransom over not paying

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2nd Default on Nationwide CC

2nd Default on Nationwide CC

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