Default notice placed on credit file

[nature spirit]

I have just checked my Experien credit report and see that Nat West have replied to my request for a proof of claim by placing a default notice on my account. Can they do this? The amount is in dispute as they cannot send me a proof of contract and the alleged debit is comprised mainly of illegal bank charges. I sent them a letter constituting an offer, if they could prove their claim and they pull out this cheap trick. The following link is the background to the story. On the bright side- I haven't heard a thing from them or their DCA henchmen since sending them the letter.

http://www.fmotl.com/forum/viewtopic.php?f=64&t=2330

I am sure there are many avenues open to complain, especially as I had paid them a token amount every month up until August- although they had me as status 6, not paying for the last 6 months. I have not received the actual default notice from the bank either, which I am sure must be the correct protocol- the notice was applied on August 31st (A bank holidy) and three weeks ago.

Any thoughts

Thanks

Storm

[freethinker]

hello friend,

F##K BANKS!

keep it in your mattress.

far safer.

[nature spirit]

F##K BANKS!

keep it in your mattress.

far safer.

Brilliant idea, only thing is that it seems to be very difficult these days to function without using banks. For one thing, getting paid is an issue, as cash is definately out. If anybody has any ideas about practical alternatives, let me know- I am aware of LETS systems and credit unions and the like, but as cash is getting squeezed out we need to organise our own way of trading, free from control.

Storm

[the_cat]

Hi nature spirit. I'm actually going through the same thing with Natwest at the moment. As I understand it, once you have placed the account in dispute then they are commiting a breach of the CCA if they then start putting black marks on your credit rating. Natwest have just done it to one of my accounts. I sent them a screen grab and a letter telling them to purge all records of the card (which they have since killed and don't want anymore payment for) and also to remove the black marks. I gave them 7 days to respond. They responded saying they have purged the records, but not mentioning the removal of the black marks on Experian. I am about to write them a letter telling them I will issue court proceedings if they don't remove the marks in the next 7 days.

I need to research the currect part of the CCA though first to make sure I get my facts straight.

Someone could jump in at this point and confirm what I am saying true about accounts in dispute?

Good luck and keep at it!
D.

[nature spirit]

Have decided to approach the credit reference agencies and object to the defamatory entry on my credit file, as it has long been established that an account in dispute, particularly for unfair bank charges, cannot lead to a default notice. I have also written to the bank and pointed out their many breaches of the Consumer Credit Act, and also, as they have had well over 28 days to provide a signed contract, I have stated that I now owe them nothing. No contract, no debt.

I did receive a letter from Apex, a DCA, telling me they were considering my "complaint of harassment" (which was actually a notice of request to cease harassment) and have put my account on hold for 4 weeks. I returned the letter with a note saying I have no contract with them and never wish to do so. As they had addressed it to my person, and not my true human self, I put a note on the envelope window "Return to Sender, No legal fictions at this address, try cloud cuckoo land".

Storm

[the_cat]

Sounds look you have thinkgs under control, but I think that it is better to go straight to the source ie. the bank when getting the black marks removed. Even if you get one agency to remove their info you will still have to achieve the same from the others. I come from the standpoint that Natwest hasve committed a criminal act, and I am highly optimistic that they have the ability to remove all the black marks in one hit. I'll keep you posted and good luck with yours.

[rodgreenwell]

Hi guys,

Have the same problem also... However, I have now threatened the NatWest with damages as a result of the Data Protection Act and breaches of the CCA and have advised that I take "legal" steps to correct if they do not respond. The ICO has some information on possible recourse http://www.ico.gov.uk/for_the_public.aspx which may be worth viewing. Also, write to the credit reference agencies as they are also in breach of data protection requesting that they "validate" all and any information they hold. If they do not, threaten them also with the Data Protection Act...

Freeman Michael has a great post on this and well worth a read... http://freetheplanet.net/articles/95/adventures-with-invalid-entries-in-the-credit-file

Hope this helps.

[dave:hayes]

Hi All in this thread,

It makes interesting reading. For those that may be interested in knowing more about Defamatory marks on your credit file please PM me & I'll be happy to discuss it further as I deal with it daily.

Dave

[the_cat]

Hi all,

Some great links above, thanks for that. Perhaps writing to the agencies directly (there only seems to be three) might be the way forward after all.

Anyway, I found the section of legal crap that the banks are breaching by reporting missed payments to third-parties when an account is under dispute. It's actually covered by the Fair Credit Billing Act http://74.125.95.132/search?q=cache%3A3Q97LN-tgOoJ%3Awww.ftc.gov%2Fos%2Fstatutes%2Ffcb%2Ffcb.pdf+%22Fair+Credit+Billing+Act%22&hl=en&gl=uk:

SS 162 is the relevant part.

Regards,
D

[the_cat]

IGNORE THAT LINK ABOVE, THIS IS US LAW

What a donkey, sorry....... does anyone have the Consumer Credit Act subsection that states that accounts can't receive black marks if they are in dispute?

thanks,
D.