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Have come to an impass and could do with some advice.
Some 3 years ago now I started chasing A&L after they charged me the overdue amount for going overdrawn by about a pound and I refused to pay as I was chasing them for charges. This was about the time the courts and banks stopped paying due to the FSA waiver. A& L continued to apply overdue charges fro a further 3 months or so. In the end it was about £300 overdrawn, however I had stopped using the account by this point.
A& L subsequently closed my account without notice and cleard the £300, and registered the account as defaulted with credit reference agencies. It was my understanding (and I work in FS) that banks were not allowed to do this under the terms of the waiver. Also, that it contravenes the Banking Code in regards to disputes.
Now my problem is that I have written to A&L AND the FSO and have had no response from A&L other than that they will get back to me when the court case is decided (despite the fact that I have re-itterated on a number of occasions that it is not about charges but credit reference agencies) and The FSO have told me that they have spoken to A&L who would poride a relevant response, which I recieved as the same as the above, that they will deal with it when the case is sorted.
What should I do next, as I am unable to re-morgage due to the ONLY thing on my credit file being this defaulted account, even though it is not a true default?
having tried the FSO and the credit reference agency i decided i would get no help from them. I have now issued proceedings against A and L to ask the judge to make an order that they remove the default against my file. I have a directions hearing on the 6th october.
I have some experience with the law and know that they will almost certainly not cooperate unless forced to by a court order.
Wasn't there a thread somewhere telling you how to go after the CRA? Afterall its YOUR data on thier records...
The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.
having tried the FSO and the credit reference agency i decided i would get no help from them. I have now issued proceedings against A and L to ask the judge to make an order that they remove the default against my file. I have a directions hearing on the 6th october.
I have some experience with the law and know that they will almost certainly not cooperate unless forced to by a court order.
I will let you know how i get on.
Jenny
Hi, I seem to have a similar problem with A&L and after 2 and a half years of battling them, and the fos being of no use whatsoever, I now feel the only option left is to take them to court to have some sort of ruling made against them to remove the default on my credit record. How did your court hearing go and which route did you take? I've considered the small claims track but it doesn't seem quite right. Any advice would be welcomed. Cheers Steve.
I would be very interested in hearing from you regarding the fact that A and L gave you no notice of closing your acount. Are they claiming that they did? They have done the same to me, and I wonder whether we could help each other. We could give evidence in each others cases.
I issued proceedings under Part 8, which i think was the way to go but A and L objected and it is now proceeding under part 7 which is just a straight forward claim but gives them the right to put in a defence. I have amended my statement of claim, they said I had not particularised it properly, which is what they always say and am waiting for their defence.
I had a rather weak judge who just went along with what they asked because they were legally represented and I wasnt. I have posted my particulars on another thread on the A and L forum which you can look at.
The case wont get allocated to a track until the allocation stage, but should proceed under small claims. Hope this helps
Can you advise me as to how I make the initial claim?
I've made claims using money claim online website, but I reckon this claim will be more complicated as I'm not asking for money to be paid to me rather that I owe A&L £500 (plus £600 in charges) and wish to settle the matter and have my credit file amended. Any assistance would be very gratefully received.
If you wish to PM me we could maybe discuss the situation in greater depth and possibly be of help to each other?
Hi Steve,
I do not know how to PM, but happy to learn!
Have you got adverse marks on your credit file in relation to this? I am not sure what grounds you would have to issue proceedings if the debt of £500 is accepted by you. They are very unlikely to do any kind of deal to take off any default or late payment marks unless they have defaulted you without following procedures. What did you have in mind?
Sorry for the MASSIVELY delayed reply to this. I have just picked up again with A&L as I haven’t heard anything from them for over a year...so still battling on!
To answer your question, there was no correspondence at all other than a blanket letter to say they were awaiting the outcome of the court case, which of course did not address my challenge to them at all that they were actually in breach of OFT directions and the actually Banking Code that they agree to abide by!!!
How did your court case go? I fed up with A&L now and want to kick their ass...especially as they are now part of Santander who I used to work for....
A and L agreed to remove the adverse markers from my credit file the day before their defence was due to be filed. They duly did so and my credit score is now restored to the maximum. I posted my particulars of claim on another thread but cant remember where! They didnt give a reason as to why they backed down. I did not pursue compensation as my only concern was my credit rating.
A&L and The FSO
. Also, that it contravenes the Banking Code
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Originally Posted by toasted
