Thanks for your reply scott, I will wait and see then But i just dont understand why they can give me a Credit Card and not overdraft I mean they did a credit check on me for the CC. Come to think of it, that was referred and then accepted. So maybe that makes a difference. do you think ? Many Thanks dera.

Hoping someone can help shed some light on the above. A few years ago i got into financial trouble and had to take out a 12K Managed loan with HSBC. I had my overdraft removed and Mastercard Cancelled. 4 Years later and I have repaid the Loan in full. I left it a couple of months and decided to re-apply for a Mastercard with them of which was accepted. I have had my Mastercard for 5 months and have always paid the balance in full. I called them today and asked for an Overdraft not that I need it I just wanted it for emergancies, Plus I am looking at taking out a mortgage in the future with them so wanted to show them that I am once again credit worthy. I was taken through the application and it was declined and the bloke on the phone said that he doesn't know why and I would recieve a letter in the next few days explaining why. But my guess is its just gonna be the standard we take a number of factors into consideration blah blah. Now I do have a couple of defaults that are paid in full and are due to fall off my credit report in the summer. What I dont understand is why I was declined. If they can let me have a credit card why cant I have an overdraft it doesnt make sense to me. any thoughts ? dera

bump.... anyone

Hello not sure if anyone can help me but here goes, Have a couple of "settled defaults" with HFC bank of which I am querying them now with the FOS since writing to HFC CCA'ing them etc got me no where. Basically they cant produce the origianl default notice just a template of one. This has been going on since July. I was looking to buy a flat and contacted my financial advisor and advised him of the defaults are they settled he asked yes i said no problem he said wrong!!! Went to the Abbey National yestaday to apply for mortgage and advised them also that i had some settled defaults with HFC. they did a credit check and not to put too finer point on it I was declined due to "adverse" credit Resulting from HFC Bank even though i have a 10% deposit to put down as well. They put the decesion also down to their recently tighterned credit criteria. Im guessing because of the 'credit crunch' They advised that i contact HFC litergation team to ask them to remove the defaults. I did this and spoke to the Operations controller in HFC litergation department who advised that yes indeed they were settled and due to drop off in 2010, but there was absolutly no way they could remove them since this would not show a true account of how my account was run and advised that removing them would mean that they are forcafing datea of which is not allowed. She said that she surprised that the two small defaults from them would stop my mortgage being approved. I am at my wittsend my dreams are dashed just because of two defaults that amount to a total amount of about £1800 which are paid now in full. I did have issues paying them for about 5 months because i lost my job back in 2004 but as soon as i got a new job and a new place to live i resumed paying by paying off the arrears that had accumilated for 4 months then my normal monthly payments. These accounts hadn't even gone to an external DCA. Maybe i should try another bank but Abbey did have some good deals still. A friend of mine had his mortgage offer from Lyods withdrawn just because he was £550 over his overdraft limit with the Halifax. I dont want to apply to another bank only to get turned down again as the Financial advisor bloke advised me could happen. But he said that he could have a look at some "Bad Credit" Mortgages but i dont really want one of those. He said that unless we can get these defaults removed within the next few weeks i'd be better of just waiting until they "fall off" my credit file but thats two years away. I cant beleave that just having two defaults that are "settled" can cause so much greif its worse than a prison sentance. Does anyone have any advise of how i could get these overturned. I even put a notice of correction on my file before applying as advised by the so called financial advisor. Please help im at my witts end. Dera.

ok guys & gals quick update the FOS have passed the file back to HFC Bank due to my points raised with regards to the PPI I have spoken to HFC today and they have advised that they are having a hard time locating the documents they are going to check my legal agreement and come back to me with a final resposnse tommorow. My issue is although PPI appears on the agreement i did not request it and have paperwork showing that i did not agree to its execution. although im not sure if the FOS have passed these documents on to HFC. The lady at HFC explained that if they ar able to see that the PPI was infact incorrectly placed on the account that this would be removed and I would be refunded the costs. This is where im confused because if they do refund the money that i have paid towards the PPI do they refund me the money to my bank account, then rework the loan showing no ppi. Or do they offset it from the loan and use it to pay off whats remaining? Also I think if they do refund whats been paid then this would make the issue of the so called default of which i never recieved invalid since the defaulted amount would indeed be incorrect since the balance would of been incorrect owing to the PPI premium. Also does anyone know if im entitled to any form of compensation because of this mess or is the fact that they may refund the ppi there form of compensation. Advice Please peeps since im now at a loss lol Many Thanks Dera.

Hi Advent, Just read your post. do you know if you short settled the account with NCO meaning for example if you had a balance of 1100 and paid 550 the remaining £550 would be written off. If this is the case then im sorry to say the default will stay on your credit file since the account was short settled and only partial payment was recieved. I think you will find it states in the CCA 1974 that if an account is short settled then a default will be placed on the account automatically. Although neither company will chase you for the remainder since it would be classed as written off.

To be honest i wouldnt worry as stated earlier in the post its to check with previous employers and or to apply for character referencies If an employer does not have a good word to say about you they will just refuse to give you a reference rather than give you a bad one. All the best dera.

Thanks for the info buzby i will go ahaed and sar them to see what info they have and take it from there. I will update you all as soon as i have some info. Kind Regards Dera.

Hello All The lady for executive complaints called today to advise that they can no longer disscuss my case since it is now in the hands of the financial ombudsman and to do so would be seen as a conflict of interest. I have now faxed over my unsigned and unstamped PPI documents to the FOS for them to add to my case file. So now i guess i just sit back and wait. I will post an update as soon as i have some more info I would like to thank everyone for all there help with this matter and will be in touch shortly. Dera.

Just wanna say well done and good luck in your new job

Cheers for that rory I will let them know about the PPI and if they said i have agreed to this i will ask them for proof although they wont find any cos i aint signed it lol also I will keep my mouth shut about the difference in amounts and dates etc

does anyone know also if they cant find that i have signed for the PPI if the agreement is invalid also since the agreement does include PPI premiums Im sooo confused Please help

So im thinking i should keep my mouth shut any thoughts on this. also is it true what HFC say about not having to provide a signed copy by me to me

Help needed quick..... Just had a phone call from some woman from executive complaint reference my fax i sent to them as rory suggested. She called to say she will have a look into my issues raised in the above letter and would come back to me tommorow. She explained that as far as she was aware the agreement doesnt have to be signed by my self. What i was wondering is depending on what she comes back with tommorow. Should i mention about the different amount being deducted from my account and whats stated on their statement of acount e.g. 78.08 is stated on the CCA yet £79.09 is being deducted from my bank account and 79.09 is shown on the statement of account. Also should i mention that i did not sign for PPI yet am being charged for it. I have also found my original paperwork for this but havent sent it to the onbudsman yet and it doesnt have my signature or the branch stamp stating that it was issued. Finally should i mention that i have located a copy of my originial agreement again not signed but the fact that the dates of signing are different on behalf of the bank. My original is dated the 18.11.03 there copy is dated the 19.11.03. See im worried that if i give them all my evidence that they will mereley correct theres to match it. Then when the Financial ombudsman conduct there investigation that they will find nothing wrong ect. Please anyone with some legal know how please help me out.

ok will do many thanks rory

so in all honesty then do you think im stuck with this

Have just got off the phone with t-mobile with a scotish bloke by the name of James. He advised to re SAR them for a request of all information held on file for me to the following address T-mobile Hatfield Business Park Building 2 1st Floor Hatfield Herhertfordshire AL10 9BW Also to write a letter explaining the situation to Jim Hyde apprently now the managing director for t-mobile in the uk again at the above address. Thing is I dont know what to right to the managing director my head is a bit cloudy since i have a lot going on right now. does anyone know if there is any legislation on how long a default has to stay on file e.g. 6 years. or could i draft a letter explaing that the account was defaulted in 2003 i paid the amount required as soon as it was bought to my attention in 2005. You have messed with my life for all those years now seeing that the account is settled how about removing the default lol. Something along those lines if someone could help me draft a letter i would be most greatful many thanks Dera.

Thanks for the info Rory do you think i should still send the above even though i have already invoked the FOS also if you get a chance could you have a quick look at something else for me your insight on it would mean alot to me http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/111462-deravst-mobile.html#post1089958 Many thanks for all your help Rory and everyone dera.

Hello All, Need some advice with regard to a t-mobile default i have. This account was defaulted in october of 2003. for the grand sum of £363 I basically stopped paying this since the amount was in dispute due to not being allowed an upgrade. I was a high spender with t-mobile paying bills in full on time up until this point. I originally wrote to t-mobile back in 2005 with regards to the default asking them to provide a copy of the default notice and reasons for its issue. I also at the same time paid the remaining £363 balance but the default has been marked as settled. They supplied me with a default template and reason for issue was due to non payment. I contacted experian last week to look into this for me and advised that the amount was in dispute at the time. I got a reply back stating that memos on my t-mobile account contradict that i was disputing and that the default would remain. My Argument is i have never recieved a default notice for this account t-mobile state they are not regulated under the CCA so dont have to supply one. So my question is if there not regulated under the CCA how can they default my account. Also i am under the beleif that the sum of £363 contains penalty charges of which should not of been included in this amount. I have asked for a break down of the charges in relation to the default and again blah blah dont have to provide them since they are not regulated. I really must get this default removed and am now at a loose end as to proceed it would seem that t-mobile are untouchable since they are not regulated by the CCA. Can anyone please shed some light on this. Kind Regardss Dera.

Thanks Rory so what about everything else in relation to the different amounts being taken to the one stated on the agreement and the 2 different dates e.g on mine copy it says 18.11.03 on the one they sent me the so called "copy" says the 19.11.03 Do you think i should just let the Financial Ombudsman handle it ?

Can anyone shed any light on what to next next *Bump*

Really need to know if this is a case of an incorrectly executed agreement and where i stand now. I can upload the banks final response plus the 2 different dated agreements if it would help dera.

Hey Penfold, Yeah i am gonna go to the CAB on monday and see what they say have tried to call FOS for advice and have been told they are conducting a full investigation. So will try them again on monday too HFC [edit] wont get the better of me

Hello All, I have recieved a final response fom HFC today but late possibly becuase of all the previous postal strikes. anyways they have said that they are not upholding my complaint. They have produced my credit agreement unsigned also they havent provided me with a copy of the default notice. They have produced a copy of the statement of account which appears just to of been typed up in excel. Heres the problem I have found my copy of the agreement going through my box of financial stuff. Mine is signed by the bank (on behalf of) on the 18.11.03 the copy they sent me is signed on behalf of the bank on the 19.11.03. It also states on the agreement that the amount of £79.08 will be deducted from my account each month this appears to include PPI of which i didnt sign for. To top it off on the statement of account (excel sheet) they have provided its got payments of £79.09 not £79.08 as stated on my orginial agreement and the copy they sent me. Have also checked bank statements and it appears they are taking £79.09. Is this legal how can they take more than the agreement states. if anyone can advise me of next steps i would be greateful. I have faxed all the corrispondance for the FOS to look into also. Please be advised that both my originial and their copy are not signed by me dera.

oh thats really good news all the best to you mate hope all goes well regards dera