section 13.6 of the banking code.

[martinkeatings1]

Well. I have been dealing with Clydesdale for years now and I have finally had enough. With the ICO assessment complete and written correspondance from them stating quite clearly that clydesdale have failed to provide information from my subject access request and are therefore in breach of the Data Protection Act 1998, I have decided to raise a court action.

 

The issue I am having is that the debt on the account was in dispute and therefore was covered by section 13.6 of the banking code. i.e the information should not have been entered into my credit file. However clydesdale have not just put 1 default on, they have done it twice....naughty naughty.

 

After my fight with abbey for the same thing I thought I would use section 13.6 again but logged on to the banking code site to find that it is now defunct from november 2009 and has been replaced with the Banking Conduct of Business Sourcebook and Payment Services Regulations 2009 (who chose that name). Instead of a nice little flyer we have got a maze of pages on their badly designed site.

 

Can anyone actually tell me if there is a comparative regulation in the new pile of paper and where I would actually find it.

 

Cheers

 

Martin

[martinkeatings1]

I have actually just found the provisions in the new legislation. Section 13.6 of the banking code has been replaced by the lending code (http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf)

 

Non credit related items have been taking over by the FSA Banking Conduct of Business Sourcebook and Payment Services Regulations 2009. Credit related items including bank accounts and overdrafts are now under the Lending Code 2009.

 

Section 13.6 of the banking code stated:

 

We may give information to credit reference agencies

about the personal debts you owe us if:

 

• you have fallen behind with your payments;

• the amount owed is not in dispute; and

• you have not made proposals we are satisfied with

for repaying your debt, following our formal demand.

 

Section 3(35) of the Lending Code 2009 states:

 

Subscribers can give CRAs default information about a customer’s debts if:

 

*the customer has fallen behind with their payments

*the amount owed is not being disputed by the customer; and

*the customer has not made a proposal that satisfies the subscriber for repaying the debt following the subscriber’s formal demand.

 

Section 3 has detailed information regarding credit reference agencies and how banks should deal with them. The full lending code is available at

 

http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf