So, in essence, you changed your address and advised them over the phone but there is no record for that which either you or they have. They sent default notices and reminders to the old address and you didn’t get them and hence, there is now a default registered against you.
You want it removed.
Is that the essence of it?
Do you accept that the account was in default? Did you know it was in default?
You have tried reasoning with the bank to no avail and the next course of action, Financial Ombudsman Service has failed. You can appeal the Financial Ombudsman decision but assuming that also fails, your only recourse is through the court. It would be worthwhile appealing the Financial Ombudsman decision if you can get something in writing which contradicts the statement they made that it was impossible to change an address on the telephone in 2013 and that it’s always been possible.
You would have to prove on the balance of probabilities that you did advise the bank of the change of address. This is what problematical for you. The onus is on you to prove that you change the address not on them to prove that you didn’t.
What doesn’t help you is a statement that you’ve made and which they may have a record of, “I was going through a divorce and some accounts slip my mind”. If they were to raise that issue in court because they have a record of it, that would be enough to tip the balance in their favour. I appreciate that you may not have meant accounts but meant other things but if that’s what you said they have a record of it, that could be fatal to any court claim. The statement about a change of address not being possible over the telephone in 2013 and any contradictory evidence you may be able to get would assist you in court in the same way it may assist with a Financial Ombudsman appeal.
Court is the last resort if everything else fails. I think you have 50-50 chance of winning.
Can I clarify anything for you?
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A letter addressed to the chief executive, personally by name is ***** ***** bad idea. It should go as an appeal rather than a complaint. It can’t do any harm.
Your application to court before an injunction making NatWest remove the entry. You have to warn them that if they do not remove this entry, you will be making the application to court. Do remember that if you are not successful, you will have to pay the banks legal costs which could run into several thousand pounds.