Subbing - good luck Durkin. I had a similar thing done to me by Santander. The default has caused me no end of grief and denied me the opportunity to take advantage of % deals and lower interest credit cards costing me £££ in extra interest, when apart from the default, I have a good payment history.

Thanks Birchave, Have just donated - cheers for reminding me! They've issued 8% as I requested, so it's just a case of showing me that I did indeed get a refund and nothing has been missed. Thanks for your advice, much appreciated. I'd not expected a payout so soon! :D

This must be a record, they received my letter on 12th April, and the money was in my account from the 17th! .. The speed makes me suspicious I might have been short-changed here as the it's less than I asked for (although I just asked for the whole lot, which when I think about it probably included interest that I'd not yet paid as I settled early?? :confused:- they say that I'd already had a partial refund when I settled the loan early. I'm going to ask them to give me a full breakdown of the 2004 settlement and a full breakdown of how they came to the figure they're offering me so I can be sure. I'll write a letter telling them I don't accept this as full and final until they provide me with both breakdowns, with full calculations etc... Any advice or has anything similar happened to you? Thanks in advance!

thanks birchave0 - should have known they'd take a while... sent my letter yesterday wonder how they'll respond...

Oh I forgot - question for birchave0 - how long did it take your auntie from the complaint to receiving her cheque? (If you know and don't mind my asking).

Thanks for the encouragement birchave0 and congratulations to your aunty too! I wrote a letter last night - just needs a little editing and I'll send recorded delivery today.8)

I applied for a full subject access request to see if there was anything on my file which would substantiate the conversation I had with them when I reached the agreement to pay in November. Oh my there's so much information. I had a good read and think they have contradicted themselves somewhat - (unfortunately as I was wading through the docs I had a phonecall to say my grandfather had died and it's all been a bit of a blur since then. One of the letters they enclosed is the useless response they gave when they fobbed me off 4 years ago. It says that the request for a £250 overdraft was declined, (if you remember from my account the member of staff told me they had asked for a £250 overdraft which would mean I was only £250 over my limit which was too little for action to be taken against me). However other documents state that there was a £250 unauthorised overdraft facility approved. What on earth is an unauthorised overdraft facility??- either you have an authorised overdraft of £250 (which they said I did) or you don't!! It sounds like the guy I spoke to although very nice did not really know what he was doing and really hurt my credit as a result... I think I'm onto something here, but there's so, so much information - how do I pull this together and get them to admit there's been misinformation here and remove the default? Thanks in advance!

Hi, I called Halifax last week to find out whether I had been sold PPI with a £3,500 loan I took out for a car in mid-2004 and I was. I wasn't keen on the insurance - I just saw it as an additional cost and I think I do recall saying this. However when the documents came to me, they had already selected the PPI option and done all the calculations for the cost of the loan including the PPI and set the loan up with the PPI included - I signed anyway. The PPI was done in one upfront payment and added to the total cost of credit, with interest payable. They didn't offer me the option of being able to pay the PPI in monthly installments :-| I found a cheaper loan about 7 months later and asked for a settlement fee - I was shocked to discover that the settlement fee was a few pounds more than the actual loan I had taken out in the first place - I was gutted as I'd made over £900 in monthly payments for "nothing"! I figured this was down to their 3 month payment "holiday" which they also gave me no option to decline, while they raked in the interest on the loan + PPI. Can someone advise me if I was missold? Shouldn't I have at least got a refund on the proportion of the PPI I didn't use? (Loan duration was 4 years and I repaid in full after about 8 months. I feel as if they were pushy and didn't listen to me, but then I caved :-? Thanks in advance

Hi, Would you like my letter?? Regards,

Hi - you need to say which bank you're with as maybe someone might have a letter from the same bank as you giving you the ammo you need. Good luck!

Thank you Dx. I'm going to have a think and then draft a letter. Why is an overdraft regulated by the CCA, yet they say they don't have to provide me with a signed agreement in order to give me an overdraft?? I don't understand this Can someone give me a second opinion - is this right? Responses much appreciated - I always click your scales if you're helpful :grin:

Update: I'm a bit stuck and not sure how to respond and move this on.... I sent the following letter on 1st February: Dear Sir or Madam, After obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a “Default” notice against an account in my name. Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, cheque number 100246. 2. You must supply me with a signed true and certified copy of the original default notice I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that the default is removed from my files as unsubstantiated. Should you fail to respond within 14 days I will be contacting the Financial Ombudsman to assist me in taking this matter to full resolution, along with requesting them to consider the additional costs I have incurred as a result of the unlawful application of said default. Here's the response received 01st March - way beyond my deadline too: Thank you for your recent letter about default information registered against your account. Although authorised overdrafts are regulated by the Consumer Credit Act. Santander does not need a signed agreement from you in order to give you an overdraft facility. I am therefore unable to provide you with a copy, but I have enclosed a copy of the Santander Account terms and conditions. (No they haven't sent the T's & C's - apart from my returned cheque and this one page letter, the envelope was empty. Also are they right that they don't need a signed agreement in order to give me an overdraft facility, or is this nonsense:-?) Your account was closed on the 12th December 2005. If you would like us to investigate this any further I would suggest that you forward a copy of your Equifax report and we can pass it on to the appropriate department. (No problem, I have the report from 2006 and a more up-to-date report, which I can send them) Also as you appear to have now moved since your account was closed, we would need ID from you and also if possible proof of ownership of the account.(I can send ID, no problem but I can't find any statements etc) I have also returned your £1 cheque. I realise my reply may be disappointing, if you have any further queries please do not hesitate to contact us using the telephone number detailed above. Yours Sincerely, You will notice their response totally ignores my request for a "certified copy of the original default notice" How do I respond to this letter and does anyone know if it's right they don't need a copy of the signed agreement for an overdraft?.

Thank you Citizenb!

Hi Site Team, I've got one of those letters Halifax send you when you go over your limit, which states "to cover our costs, we make a charge of £30..." dated 2005. I know Halifax wasn't one of the Banks Bankfodder specifically mentioned, but if this is useful to you, I'd be happy to have it added to the library. If you're interested, can you gie me an email address I can send it to? I've scanned my version but don't want to add it here immediately as it still has my details... Also can you tell me whether Halifax is one of the Banks that specifically told the court that the charges were part of their core business or can you tell me where I can get hold of the documents and check for myself? Best Regards, Ebonym

This is heartening to hear. Good luck - the fight goes on and you have my full support

My credit file is fine (apart from default, there's just one late payment where I forgot to pay my credit card bill, wasn't being dishonest, I genuinely forgot) I'm now classed as fair, rather than poor, which is better than when I discovered the default in 2006, but still not good enough. Before the default I was rated good... My last address is linked to me, which I'm told is right, but there are no persons listed in Financial associations, so I'm pretty confident I've not been tarred with the same brush as the previous occupants of the rented property I used to live in.8-) Just waiting for ID verification from the other CRA so I can check that file too... Got a letter from Santander to say they care and they're looking into my complaint. We'll see what they say - they've got until 30th March to respond.

Can someone help me? With my original question? Where next please Abbey haven't responded to my letter? Do I write to them again, or simply head to the Ombudsman or the commissioner or the courts?:-? Thanks in advance

Thanks dx - you've been really helpful... I'm off to check it all out right now. I'm a bit nervous now because we had a really dodgy landlord (another tale entirely!). We became suspicious that he'd been behind many of these ccj's defaults etc. We kept having people coming round from the county court. They left us alone once we explained we'd just moved in recently and didn't know the debtors... Also we asked for new blinds for the property, which the landlord eventually agreed to - 5 months later then we get people turning up from court on behalf of a blinds company looking for payment - the blinds needless to say were not bought in the name of our landlord... Makes me wonder what they've got on file now...

Yes dx - I'm on the electoral roll correctly. I've moved twice in the past year, but have always notified the council of my new address within 1 month of moving. You're right though - it does seem really harsh, so I'm going to check what's on file for all of the agencies - you're really getting me thinking here:-D. Something comes to mind though - at the last property I rented, there were two former tenants who lived there who'd run up really high bills resulting in judgements, I accidentally opened one of them as I couldn't see the addressee... Can this count against me just because I lived at the same address? Saying that - I only lived there for one year - 2008-2009 so it wouldn't explain why I had a poor rating in 2006, though!

Hi dx, Thanks for the response - seriously the default is really affecting my rating - I'm rated poor, when there is nothing but zero's (payments made on time) on my experian credit report. I kid you not, the only thing that is "off" is this default... Point taken about the telephone log and that I haven't got much longer to wait for the default to clear but I'm suffering cause I'm paying hundreds of pounds in interest each month which I could convert to little or nothing if I could actually pass a credit check!! I'm still going to try though... If I can get some money back where their default has cost me extra, then I'm ready to give this a go.

Hi, I need to have the default wiped - my payment history is perfect apart from this and I'm paying through the nose for credit when I should be entitled to much cheaper rates (see detail below, they didn't notify me and went back on a verbal agreement). So I sent a new letter giving them 14 days to produce the credit agreement and the original default notice - it's 14 days. What do I do next? I threatened to go to the Ombudsman (don't know if that's the best route though). Do I now go to the information comissioner, or to court? I also need them to compensate me - I've been denied credit at more favourable terms because of this default. Both the APR's on my credit cards are about 30% - prior to the default, I used to get accepted for 0% deals no problem... I want to be compensated as well as to have the default removed - it's only fair -------history if you're interested------- I wrote a letter in relation to a default which Abbey put on my credit back in 2005. I had the money to pay, but then an unexpected turn of events meant that I needed a bit more time to pay. I called them and they agreed I could clear my overdraft in six weeks time and they said they wouldn't default me. (I made doubly sure that I wouldn't get defaulted, as if there was any danger of a default, then I would have simply bit the bullet and paid up then and there - I just needed to buy myself a little extra time). I duly paid up in 6 weeks as promised. Checked my credit file 6 months later after I was refused credit and found they had indeed defaulted me (marked settled) without notifying me and also they had gone back on our arrangement (made over the phone). Tried unsuccessfully to have them look into my case and remove the default in 2006, but they weren't listening, so I gave up...

I'm one of the few on here that didn't submit my claim for bank charges back in 2006/7 as I was scared the bank would close my account and demand that I pay back all the money I owed them, which I couldn't afford. You can imagine I'm kicking myself now that the case has fallen flat On 1st October 2009 Halifax cancelled my perfectly good debit card without warning so they could issue me with a new one with "additional safety features". As you will see from the account I give below I was about to go abroad and had to take more than sufficient cash out of my account to change into Euros - some of which I put onto a pre paid Euro mastercard so I wouldn't be walking around with £600 in cash and I wouldn't be stranded while on a work trip to Europe. Not long after I got back they charged me to the tune of £98, so I complained - I put the remaining money back into my account as soon as I could after I got back. (I was delayed at Brussels airport over night and then moved house the next day and over the weekend that followed) Therefore didn't have enough time to change the money back to sterling and put it into my account until the following weekend. Today, as I hadn't yet received a response I called them - they said they'd re-issued their response twice and I haven't received it (just like I hadn't received the card they sent me in September). I asked for them to please read their response to me over the phone, which they did. They basically stood by the charges, so I said thanks, but I'll now refer this to the Financial Ombudsman again. Then I got a phonecall an hour later from a very polite guy in Customer Relations saying that he could see they'd caused me a significant problem with the cancelled card giving me no easy access to my funds while abroad, and that he was going to refund the money over the next few days A small victory, compared to the thousands I could have claimed, but a victory nonetheless Dear Txxxx, Thank you for your request for additional information. I had a debit card with an expiry date 02/12 which was working fine. I went to buy lunch on 1st October and the cashier returned my card to me saying it was expired, which was quite embarassing. I called the bank to find out why the card looked to be in date, but came back expired, and they said that some weeks ago, a new (more secure) debit card had been mailed to me. I told them I'd not received this and would they please send a replacement. Now this put me in a very awkward position. I was about to travel abroad on Sunday 4th October and so in order that I would have access to all the money I needed (and any unforeseen emergencies), I withdrew £600 in cash some of which I put on a prepaid euro mastercard (to pay for the costs I was sure to incurr e.g. hotel) the rest I converted to Euros. As I didn't want to be left stranded in Europe, I sensibly took a couple of hundred pounds extra out of my account as without a debit card, I didn't have ready access to my money. When I returned from Europe, I was unable to do two things until 16th October as I had a busy schedule and could not take time off work to: 1. Return to the place I'd purchased the euros from and change the money back to UK Sterling 2. Take the money and put it back in my current account On the 13th and 14th, I was charged for going over my limit - I had money, but was unable to deposit it back to the account until the date above (the amount I put back was less than the bills I had to pay; the damage was done by then so I didn't put all the money into the account as I was about to to a foodshop). I feel I shouldn't have been charged as it was not my fault that my card was deemed expired and I didn't have a new one to use. I spoke to a representative on the phone, but they say that it isn't Halifax fault the card didn't arrive in the mail - it isn't mine either, but I'm being charged as a result. It mightn't be Halifax's fault if whoever they contract to deliver my card fails to do so, however it is Halifax responsibility to ensure I have a card so I've easy access to my funds. My account has been debited with 2 x £35 charges which I would like refunded. Also I was notified of a £28 charge which is to be debited on 30th November, which I would like stopped. I hope I've given you sufficient detail - if you need further information, please let me know. Kind Regards,