XX007 - UE Diary - Tomorrow never dies

[nightwatch]

It does not mention it on the actual date the default letter was sent but there is a note at a later date on the SAR saying default 09/07/2014. plus that date is mentioned a number of times.

There are loads of notes for most recent dates where they have made changes to the CRA information but it does not really say why not to my untrained eye.

they have sent me the CCA and original T & C's

Well then if the Default is noted in your SAR, then they have not looked at your account history before defaulting you again. don't think any of them keep copies of the default notice, strange really when it is an important item when it comes to court.
My CCA was a copy of my application, signed, a copy of my Direct debit, signed, and the cover letter said the T&C would have been on the reverse of the application.
I have 4 different lots of T&C's for this account, none of them would fit on the back of the application form, not one has the same date on them.

[nightwatch]

Can I ask a question?



In this context, what would count as the default being remedied? Does it mean that if the account was somehow put back on track then it would be possible to default it again should problems arise?

The account can have many defaults issued on it, But only one can be registered with the CRA's, if the default was remedied, means that they issued a default to you, you paid the arrears,they did not close/terminate the account, bringing the account back into play, if the default was placed on the CRA file that month,it could be removed as the account is not in default. May be marked as late payment.
if further down the line you again default the account, they can issue another formal default.

NOTE I say COULD.
most of the time when you don't clear the arrears by the date given, they close the account, also the default they send you may not be registered with the CRA's till months later.

[Night Monkey]

Can I ask a question?

...no new default can be issued against it unless the default was remedied

In this context, what would count as the default being remedied? Does it mean that if the account was somehow put back on track then it would be possible to default it again should problems arise?

[XX007]

does it say anywhere that a default was issued? any sign of the original CCA or original T&C's

It does not mention it on the actual date the default letter was sent but there is a note at a later date on the SAR saying default 09/07/2014. plus that date is mentioned a number of times.

There are loads of notes for most recent dates where they have made changes to the CRA information but it does not really say why not to my untrained eye.

they have sent me the CCA and original T & C's

[nightwatch]

Nightwatch its very good of you to take the time to help me out. Thankyou.

It's what we are here for, wouldn't do it if i didn't want to help people out of that dark place xx

[nightwatch]

Well I have got the stuff from the SAR cant say it tells me much.

does it say anywhere that a default was issued? any sign of the original CCA or original T&C's

[XX007]

oh my Lord, I will try and find it, think it was a Niddy special, give me 24 hrs. I have a lot to sift through.

Nightwatch its very good of you to take the time to help me out. Thankyou.

[nightwatch]

Boy did this take some finding,
I have a new puter and whes i transfered the files some were corrupted, lucy me plugged in old one and found this. It was in re[ply to them saying they would look into my CRA complaint, IF, i contacted them to arrange repayments



This complaint was about the recording of incorrect data on my credit file.

I have made myself quite clear in my complaint but shall explain again quite simply.


(1), You, Nationwide, on the xx/xx/2006 issued a default notice, this was recorded as default with the Credit reference agency(s) on xx/xx/2007. This default was never remedied.

(2) In line with the regulations for data recording of a default with the CRA this, Original, default was removed from the file after 6 years, ie; 2013 (5 in Scotland)


(3) I now find you, Nationwide, have on the xx/xx/2014 placed another default on the same account with the CRA(s) although no default notice was sent to the above address

This is against ICO regulations, once the default has run for the 6 years it is removed, no new default can be issued against it unless the default was remedied and in this case it was not.

Nationwide has a duty to make sure that any data recorded with the CRA(s) is correct, in this case it is not. This account should not now be showing on any Credit file.

I now insist that the incorrect data be removed from my Credit File(s)

Should this letter be ignored a formal complaint will be made to the ICO who, as I am sure you appreciate, take a dim view of deliberate breaches of data processing.

A complaint may also be made to the FOS


Please note that all communication is in writing only, no accounts of any sort are discussed over the phone,


I look forward to a speedy reply.


hope it is of some help, send a copy of the original CRA file showing the default date. I think at times the hope we don't have a copy.

NW

[nightwatch]

oh my Lord, I will try and find it, think it was a Niddy special, give me 24 hrs. I have a lot to sift through.

[XX007]

Barclays, Nationwide & Lloyds did this to us, got Compensation off Nwide, Barclays couldn't even find the account that was showing as defaulted, so letter of apology and compensation.
Lloyd's well they are a law unto themselves, experian removed it after I threatened to take them to court.

Get tat complaint into the CRA's 1st.If it has been showing on your repoer they can see it is the same account, so they are at fault for not checking,
is it the original owner that has done it, or has it been passed to someone else.

Nightwatch can i trouble you for copy of the letter you sent that got the default removed.

[XX007]

Well I have got the stuff from the SAR cant say it tells me much.

[XX007]

OK I will send in A SAR to see what is going on thank Di.

[Joanna Connolly Solicitors]

Equifax gave me a final response saying take it to the ombudsman if you are not happy. Do you think its worth doing?

Have you ever sent a SAR to Nationwide (sorry I haven’t read back through your whole thread)?

Maybe you need to know/research the history of what did/didn’t happen in order to assess the reason why they feel they should have defaulted you again in case they failed to Default you correctly/lawfully first time around (i.e. was a valid Default Notice ever served?) before you go in guns blazing, and before it enables them to remedy any mistakes they may have made?

You’ve made a decision to pay a debt based on legal threats by Shoosmiths solicitors five years ago, but there’s no harm in checking whether those threats had any legal basis.

Di

[nightwatch]

well I think they get charged a fee If it goes to the ombusman,

so just send the copy of your file to them, saying before you take it further would they like to recheck their files.

[XX007]

Equifax gave me a final response saying take it to the ombudsman if you are not happy. Do you think its worth doing?