Default Notice removal help!!

A question about : Default Notice removal help!!

All,

I have a default notice against my credit file from Natwest. Basically, I had a student overdraft with them from 2010.

I received a letter sometime at the end of 2012, beginning of 2013 that it was dormant and they wanted it repaid. At the time, being a student I could not repay it, so I made the awful mistake of leaving it. The last time I used the account was probably July 2012 and I had Ј1000 of overdraft.

In June I received letters from APEX asking for payment. They said they do not own the debt and were just acting on behalf of Natwest. At this time I had written to Natwest offering a full and final settlement, which they did not respond to. I paid a Ј50 goodwill payment to APEX. So in September 2013 I agreed with APEX to pay Ј30 a month to clear the debt.

After this time I saw a default on my account entered in September 2013. I have had correspondence with Natwest saying that they sent a default notice in March 2013. They have stated however that they do not have the original default notice and can send me a recreated one!!

I do not remember receiving a default notice at this time, nor did I ever sign a credit agreement with them. I was basically applying for a loan for a masters with them and they added on this overdraft afterwards, it was a paper application! But I can imagine they will recreate a credit agreement for me!!!

Anyway, I want to get this removed. They say that as it was entered at the wrong date they can move it back to March for me but I have not agreed with them this yet and want them to remove it. What should I do now? I don't mind taking them to court if need be!

I imagine the ICO can't do anything as they will be satisfied with recreated docs

I still have around Ј500 owing on the account which I can pay back in full, so I can use that as leverage.

All your help is very much appreciated!

Best answers:

• PS I know there is lots of information about this on the forum, which I have read, however I am at a loss with what to do now in my situation. Thanks again.
• You defaulted on an account and they have recorded it. They recorded at the wrong time and have agreed to rectify it.
  Having the money to repay the debt is not 'leverage', it is your legal obligation. They are allowed to apply the default as it was a fair reflection of your account at the time - by your own acknowledgement, you left it, knowing there was a problem.
  You can apply for it to be removed if you want, but you have no legal right to demand it - it is fair and accurate.
  It's also worth noting that in applying for an account with an overdraft facility and using it, you would have signed a credit agreement in some form. You were under no obligation to use it, and could have closed it without touching a penny.
• It isn't accurate and it was entered after I had agreed a repayment plan with them!
  Further, does anyone know of any rules that there would be a repudiation of the overdraft agreement if nothing was sent to me when I opened the account?
• You agreed a repayment plan with them - so you were defaulting on the original agreement? Which means a default.
  When you opened the account you would have been offered an overdraft facility either verbally or in the 'welcome' letter you often receive with your bank card etc. You could have rejected it and asked for it to be closed off. You didn't, and used the credit facility.
  I'm sorry this isn't what you want to hear, but you used the credit, you failed to repay it, you defaulted on the agreement and you need to accept that while you can ask, you can't force them to remove it.
  Settling the debt in full would look slightly better on your file than 'defaulted - unpaid' so clearing it might be a good starting step.
• Well I had defaulted on the original agreement i.e. they requested repayment of the overdraft and I didn't. Then we agreed a payment plan and after this time they registered the default...
  I know they don't have an original copy of the default notice, which I can't remember receiving, which makes the whole thing a bit odd though, further the adding of it almost a year after I originally defaulted is a bit off and the date it was entered is completely wrong! No recourse whatsoever then?