RBS can't provide copy of default notice!

[smalldog]

Hi all,

This is my first post so I hope I've placed it in the correct group on here. I'd truly appreciate any help you guys can give me as I'm in a very unfortunate position.

I was recently offered a position with a great employer and had to go through the expected pre-screening checks. These checks however threw up a default on my credit file that I was not aware of. It was applied in Feb 2009.

The default has been applied in relation to an RBS overdraft facility that went over it's limit (£2000 overdraft, exceeded by £200). I'm obviously keen to get this removed as my prospective employer has said I cannot start work with them unless I have a clean credit file. They've been patient whilst I've investigated the matter, but I've reached a dead-end with the RBS complaints procedure. I offered to repay the entire balance but they insisted the default should remain.

Basically I've asked them to provide a true copy of the original default notice. They have responded saying this is not possible. Here's the exact paragraph:

"It is not possible to duplicate an original Default Notice. The Default Notice is a system generated document produced automatically and although regrettably the bank cannot provide such a copy, a transcript of the content and wording has been included with this letter.

The default has been recorded on the Bank's internal systems and is adequate confirmation that the notice was issued."

Having scoured the posts on these forums I've been given the impression that banks must supply a true copy of the original default notice when it comes to loans and credit cards, but does this apply to overdrafts too?

I can't tell you how appreciative I'll be for any help on this matter. I've pretty much landed my dream job and this could ruin it.

[Steward]

You can use Google to search the web using these links below:-

[andyorch]

Hi Smalldog and welcome to the CAG.
Overdrafts dont incure a Default Notice its a Notice served under sections 76(1) and 98 (1) of the CCA 1974. A Enforcement/Termination notice and recall.

Regards

Andy

[smalldog]

Hi Andy,

Thanks for your reply. That's very odd as RBS are referring to it as a default notice repeatedly through their communication. Plus I was under the impression that if I've got a Default on my credit file that it could only have been applied with a Default Notice.

Am I in a position to request the Notice you refer to?

[andyorch]

No they can apply a default on your file also on issue of the above.By all means request the above they do retain copies of both I assure you.

Regards

Andy