Hi everyone, I need some help please.

This has been going on for a couple of years now and I need to sort it for a mortgage application.

A few years ago i got and Alliance & Leicester account, this had a planned overdraft of £250. I very rarely used this account and then it was only in emergencies.

I bought something for about £150 taking it into the overdraft and i started getting charged. These charges continued to gather pace until i was bordering on the £250 limit so i phoned the bank and asked them how much i needed to pay to clear it. I payed this in full and just to be safe went into the black by about 30p.

A few months later i needed to use the account again but to my shock it was now £579 overdrawn. Checking my statement it seemed that the bank had charged the overdraft charges for the previous month after i had paid it off. Having thought it was clear i didn't check any statements until I found this out.

I phoned the bank and they put a stop on the account to stop any more charges accruing. Due to the fact that the bank charges test case was just about to go ahead they said to await the outcome. Obviously the test case was lost so I still had to pay!

I flatly refused to pay these extortionate charges and the woman on the phone seemed fairly sympathetic. They defaulted the account in 2011 but now I'm worried that

a: I will not be able to get a mortgage.

b: They will sell the debt on then I'll get some scummy debt recovery firm darkening my door.

The only thing that is against me is that my Mrs. took out £10 when the balance was about -£120.

I obviously need this balance clearing and the default removing from my credit report

Please please help.

Craig.

if this has all happened since nov 2009

you might well find a BCOBS complaint could work.

also as A+L are now satans bank

i'd have a read in that forum too.

there have been numerous successes.

dx

What happens if it was before that? All the charges I incurred were before 2009.

BCOBS only became about in nov 2009

however, that default does not appear to be correct

if you made no transactions/payment for a good while

ideally a default should be within 6mts of the issue

dx

Thanks for the replies DX.

The default was put on my Credit File in Jun 2011. The last statement I got was from 18th Aug 09 which was when i put a stop on the account.

The last of my transactions was on 27th Jun 07 which was my wife withdrawing £10 from the cash point at which point i was £113 overdrawn (all charges).

The charges then built up to £189 in May 09 when they cancelled the overdraft and started charging me £5 a day.

Should I phone them and offer to pay something? Can i get the default taken off my file as it is solely based on their 'unfair' charges?

I'm worried about a debt collection agency coming after me and wanting the full £579. where would I go from there?

Many thanks

I would say that the default is def unfair and should prob have been registered soon after june 07

which would mean the debt would now no longer show on the cra file.

doesn't mean its not owed mind

but then again if its a ll their penalty charges, then i'd dispute that too!

dx

What would be the best course of action from here?

as at the time they were coverd by the old OFT/ICO rules on fairness before bcobs etc

i'd be complaining the default is unfairly recorded late

its needs moving to shortly after june 2007.

dx

Thanks DX you're a star. One last question (in three parts);

1, Do I complain direct to the bank?

2, Is there anything I need to quote when talking to them?

3, Can a DCA come after me after the 6 years from date of default?

Cheers

there is a wee bit of conjecture 'when' a bank account becomes SB'd.

pers I feel its when the bank could have first gone 'legal'

that to me is around 3mts after your 3rd missed 'payment'

you've got a good few days

pers i'd be reading around a bit

and pop something up that we can check over.

there are lots here to help you

inc our search of the greytop toolbar.

dx

So would the timeline for SB start with the last transaction I made. I.e when i took the £10 out -Jun 07?

I have made no payments and have not acknowledged the debt in writing.

As i understand it the default will not be removed until 6 years after the date on the credit report and claiming SB will not change this.

How can I change this default to it's correct date?

have a read of the ICO guidelines