Hi need some advice please . Had some difficulties last year....relationship! Direct debits were returned due to this and charges applied to my account. Informed The Woolwich of my circumstances , defaulted account and sent to collection agency. Overdrawn balance of over £700- is all charges. When I got my act together recently phoned them to complain. As a goodwill gesture they offered me aorund £90-. I was not impressed as the account had always been running smoothly until problems occured last year. Had told them all my personal circumstances..... Wrote to them again and they have offered me as a one- off refund £330 . They told me that they were satisfied charges had been applied correctly, and that we were both jointly and severally liable for the remainder of the debt. It is a sole account! They have continued by saying that once the account has been cleared it will be closed, but this does not stop me from opening a classic current account with them. I feel really aggrieved by this as because they have sent information to credit reference agency I will not be able to obtain another account with debit card facilities. Am writing now to request statements since account was opened as I will persue this. I want them to remove the entery at credit ref. agency.. could anyone advise me how to word this, or any other views welcome.

Right to clear this up the people who are the 'customer services' for the bank can only go by what the organizations policies/procedures are, they are not knowingly lying to you, they are just doing their job.

Higher up in they fully know the leagalities, but until legislation is passed the banks will not change, when we see the first truely free banking service I reckon it will be so limited in use it will not be worth having.

Thanx Dave for the advice will be writing to them shortly. As they are saying they will close my account anyway, may go all out and request statements to recover any other charges!

I have now opened another account but they are not offering me debit card due to information on credit file..... will let u know how it goes.

I gether from your opening post that your default postion was caused entirely by the bank's penalty charges.

If this is correct then as a condition of your settlement I should make it a requirement that they remove any entry they have made from the credit register. Do not aacept and amending entry.

This will very seriously test their will, I'm afraid - and your resolve too but clearing your good credit name is very important. If you stand your ground you can get what you want.

As to opening another classic current account with them, have you managed to do this already? or is it something which they have promised you.

I am sking because another User rported a simpar deal in respect of a mortgage. However, when he came to apply, the bank refused because of his credit scrore - despite the bank haveing blighted the credit score and despite their promise anyway.

Finally, you say that your account was a sole account and yet they are treating it as a joint account????

This sounds quite amazing and if it is entirely correct then it awards you an easy victory in every respect. But I have to ask, how come your ex was drawing from your account. What evidence does the bank have that you were operating the account as a partnership?

Also, if your ex was drawing from your account, have you thought about getting onto the Court Service and sending him the Good News within 14 days as well?

Hi B F Thanx for reply . They did default me yes, purely because of the charges they added. Also had problems with egg which I will have to try to resolve. The account was always a sole account but most of the

Direct Debits for household bills were taken from it. They were in my name as my partner worked abroad most of the time and paid salary into account to cover these. Of course, when we had relationship problems this was not so forthcoming .Consequently D/Ds were returned and heavy charges on account. I did try explaining it to them...however they continued down the default line! This is a time when I need all the help possible, and to close my account and take away facilities is outrageous especially as I know that I wont be able to obtain the same again with the deficit of financial problems my ex has left me. I will take your advice about clearing my name and let you know the outcome. It just amused me that they said they had examined my account and were satisfied all charges were applied correctly and then went on to mention that as it was a joint account..........LOL some examination

I suggest that you should tend to keep all of the domestic complications of your story out of the equation altogether. It is completely irrelevant and only serves to make it look as if you were quite out of control and are trying to justify it in some way.

Don't clutter the story.

It was a sole account. You operated it soley and it was your sole responsibility which you accept. It ran into trouble which you were unable to control because of the accumulating effect of penalties which were applied despite their unenforceability at law. In the end the bank defaulted you because you were unable to pay them the unlawful penalties which they were demanding that you pay.

I understand that this is the story.

yes point taken... as they have offered me the £330 I will accept it of course . Would you suggest I use the standard letter ammended and add paragraph re. removing the default. Not sure how to word this stage. Pls advise :?

You could use the template but it would have to be substantially amended. You realise of course that on receipt of your conditional acceptance that they will withdraw their offer. However, I think that you should not accept the money conditionally.

Point out that you will be pleased to accept their offer of £330 but that you intend to proceed for the outstanding balance if it is not received within the next 14 days. Furthermore if they should now decide to withdraw their partial offer that your action will be for the whole sum plus interest as 8% and continuing until the debt is paid.

Additionally as it is clear that they have made a default entry against your credit record you require also that this be entirely removed and confirmed in writing.

Furthermore that as they insist on describing your sole account as a joint account with your ex, you consider that their records are in dissarray and that you intend to make an immediate complaint to the ICA about this under the DPA as it is the bank's clear duty to make sure that the data they hold on you is accurate.

By the way, have you included a figure for any overdraft interest that they have deducted from you at the higher rate?

tnx all .ur advice letter now drafted. Will keep u posted

Just to let you know letter posted on 20th, no response yet. Have also now written to egg, similar scenario . ...

Just to let you know letter posted on 20th, no response yet. Have also now written to egg, similar scenario . ...

I'll be watching this one hotly. I had exactly the same with the Woolwich. £800 in charges by the time they had argued with me for a year. I asked them to remove the negative credit info and they refused as they said it was a "true reflection of the running of the account" It blatantly wasn't as it was their charges that put the account into a default situation.

I guess my next move will be to approach the information commissioner as my demands fell on deaf ears but please do come back and post if you get any luck.

Incidentally they told me they had shut my account and couldn't get it back. I told them that was rubbish when they invited me to re-apply as the online banking for it was still useable. I also said I would fail their own credit check due to their damage to my credit rating.

I think eventually they gave me my account back to shut me up and get rid of me!

Thank you for your letter dated 19 February 2006 concerning charges that have been applied to your account.

On reviewing your account I can confirm that all the charges are valid under our Terms and conditions of the Openplan Current Account. However, Whilst I am satisfied that the charges have been correctly applied, I am keen to resolve this matter as amicably as possible. Therefore, I am pleased to advise that I have today arranged for the sum of £313.12 to be reimbursed to your account, as a gesture of goodwill and in full and final settlementof your concerns.

I have been advised, by the Debt Management team that your account will be closed shortly. You will not be allowed to open another Openplan Current Account but will still be able to open a Woolwich classic current account. :?

With regards to your request to cleanse your credit file I apologise but I am unable to arrange this, as all the charges were all valid.

I offer my sincere apologies for my error in my previous letter explaining that as account is joint then joint liability. However I can confirm that this is and has always been a sole account.

I hope you feel that I have resolved your complaint satisfactorily........etc etc

Hi All as you can see reply received. So they have recredited account with remaining penalty . Still dissatisfied with refusal to remove default information from credit files. Also annoyed by the fact that they are suggesting to me that I may open another account with them....They know I will not be able to have debit card facility due to the information they have recorded against me.....

Feel I want to go after them now for penalty charges plus any interest lol since account opened. Would have to request statements for this..

Any advice for next stage gratefully accepted.....Most important for me to have them remove credit file entry

I can see that we are going to end up in difficulty here not only with you but with others also.

the reason is that the banks are refunding money but not removing defaults and although this is a condition which you include in your correspondence, once they have repaid you the money, you are left merely with th epossiblity of going to court to seek an injucntion or a declaration.

these are possible but you do expose yourself to the danger of coming out of the small claims track and bearing a risk of costs.

You can believe me when I say that the banks really don't care about the money. They've got lots of it. They do care very very much about not restoring your credit reputation. They will go to extrordinary lengths to avoid this.

See my post on abuse by the banks ion the General section.

We need to have a think about what to do.

I can see that we are going to end up in difficulty here not only with you but with others also.

the reason is that the banks are refunding money but not removing defaults and although this is a condition which you include in your correspondence, once they have repaid you the money, you are left merely with th epossiblity of going to court to seek an injucntion or a declaration.

these are possible but you do expose yourself to the danger of coming out of the small claims track and bearing a risk of costs.

 

You can believe me when I say that the banks really don't care about the money. They've got lots of it. They do care very very much about not restoring your credit reputation. They will go to extrordinary lengths to avoid this.

See my post on abuse by the banks ion the General section.

 

We need to have a think about what to do.

How about serving a subject notice Under section 10 of the Data Protection Act (For deletion of inaccurate data)

Yes but you will have to prove that it is innacurate, I am sure.

Having said that would you be kind enough to explain the s.10 procedure and what it requires.

Yes but you will have to prove that it is innacurate, I am sure.

Having said that would you be kind enough to explain the s.10 procedure and what it requires.

http://www.ico.gov.uk/documentUploads/3%20Data%20Protection%20Act%20Incorrect%20Information%20What%20Can%20I%20Do.pdf

if you click on the link it can explain far better than I can, From the I.C.O

Thanx for your replies. Will await your advice then B.F. before proceeding with anything further. I did state in original letter that if at any time they wished to settle out of court, would only consider if entry from credit file removed.........

Why is this so important to them?

I'm tryng to work that one out in my own mind.

i suppose that ne needs to undersatnd the mechanics of the Equifax/Experian system and how it came about.

I have a feeling that it was a system which may have been devised within the industry as a mutual protection scheme. Is it regulated? Was it set up by government? Who pays for it? Are Equifax and Experian independent?

These questions would be interesting enough to answer and those answers themsleves would lead to other good questions and a picture would emerge quite soon.

I'm sure that all of these little puzzles could be solved by an hour's work with Google.

Any takers?

I'm sure also that part of the solution is that by the use of their privilege of direct access to the credit register the banks are able to control a measure of compliance with their will. Whatever it is, you can be certain that it isn't pretty.

 

Annotation of bankfodders response.

 

I'm sure also that part of the solution is that by the use of their privilege of direct access to the credit register the banks are able to control a measure of compliance with their will. Whatever it is, you can be certain that it isn't pretty.

Yes, this is an interesting fact: and if I may let me pose the following questions.

Q1, The banks imply, that as part of your signed application, that you allow them to exchange information with the credit reference agency.

My response, can you provide an original copy of the signed agreement "That states as much" ?

Q2 If so does it comply with the consumer contracts regulations 1998

My response:

I ask this, in regards to any dispute under the banking regulations Sec 13.6 where you confirm that any account that is in dispute will not be registered with such an agency

Q3 If I have, by virtue a signed contract with yourselves, can you explain which remedies under law that i have to challenge such information that you exchange with a credit reference agency with regard to the conduct of such an account.

My response:

Where you can not provide such correbration as requested, Via a request for such an original signed agreement under the data protection act 1998 and the consumer credit act 1974 "Why you hold such Data without my consent" contrary to the 9 principles of processing such information.

In respect of default notices

1) How can a consumer challenge such a notice, if incurred through unlawfull bank charges, as the banks pay a subscription to the likes of experian and equifax, who claim to be only the data holders ?

And surely, as customers we have the right to object to any claims of our banks to register such information without our consent!!!

well we do and that is part of our original applications, but if the Banks can,not provide such original , signed agreements then the onus is on them to prove this as fact

Q1, The banks imply, that as part of your signed application, that you allow them to exchange information with the credit reference agency.

:idea: :idea: :idea: :idea:

Amazing! Of course I have seen this so often but for some reason it has never clicked with me.

I think that this might provide an interesting and highly amusing solution to the problem.

If it is contractual term that the banks may enter your information onto the credit register, then it must also be a contractual term that the information which is entered will be accurate and justified.

This means that to fail to satisfy these condition would put the bank in breach of contract. If a person could show financial loss by the unjustified entry of a default then this would be a basis for suing on the contract and if the loss claimed was less than £5000 there is no reason why it should not be allocated to the Small Claims Track. The legal issues are exactly the same as for the recovery of unlawful charges, that is to say are the charges invalid for their disproportionality.

I really do think that this might be it. There is a basis for creating some real mischief here.

Thank you for your post. It could turn our to be extremely significant.

Watch this space :twisted:

Q1, The banks imply, that as part of your signed application, that you allow them to exchange information with the credit reference agency.

 

:idea: :idea: :idea: :idea:

 

Amazing! Of course I have seen this so often but for some reason it has never clicked with me.

I think that this might provide an interesting and highly amusing solution to the problem.

If it is contractual term that the banks may enter your information onto the credit register, then it must also be a contractual term that the information which is entered will be accurate and justified.

This means that to fail to satisfy these condition would put the bank in breach of contract. If a person could show financial loss by the unjustified entry of a default then this would be a basis for suing on the contract and if the loss claimed was less than £5000 there is no reason why it should not be allocated to the Small Claims Track. The legal issues are exactly the same as for the recovery of unlawful charges, that is to say are the charges invalid for their disproportionality.

 

I really do think that this might be it. There is a basis for creating some real mischief here.

Thank you for your post. It could turn our to be extremely significant.

 

Watch this space :twisted:

And Iam sure that such a financial loss could be proved by way of Higher interest payments on such products as credit cards, morgatges loans, which if the negative info wasnt on your credit file you could get at a lower preferential rate

And Iam sure that such a financial loss could be proved by way of Higher interest payments on such products as credit cards, morgatges loans, which if the negative info wasnt on your credit file you could get at a lower preferential rate

Possibly but seems a bit indirect to me.

I would prefer something a bit more straightforward

Yasmin - the woolwich did this to me, said they would not remove the negative entry, however when I went to the credit reference agency involved and disputed the info online they had to remove it.

Alternatively you can lodge a complaint with the information commissioner and that should get it shifted.