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biglad1975

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  1. Update to this - it's reappeared! So now despite a letter from RBS saying that they'd remove it with grovelling apologies, then them not responding to my dispute raised via Equifax and it being taken off due to this the [EDIT] have actually put it back on! This is hard ball time now, with both Equifax and RBS!
  2. I may do. The main thing is it's off the file, effective immediately. If they can't be bothered to reply to Equifax then I doubt they'll do anything about it in the future, especially as Equifax have only done what RBS said they'd do.
  3. Quick update to this. Despite having written confirmation that RBS would remove all default info and balances and adverse information by the end of February, it still hasn't been done. I raised a dispute with Equifax over this and they now inform me that RBS haven't replied to their query within the required 21 days, so it has been removed from my wife's file, pending further enquiries. I have also sent them a copy of RBS's letter to us. The moral of the story is DON'T TRUST THE BANKS TO DO WHAT THEY SAY THEY WILL DO. Even if you win, make sure that the CRA is your first port of call to get the files corrected!
  4. Hi all, My partner was recently sent a default notice from Honours Student Loans (old pre-98 style) totalling £5076.35. She is a total basket case with finances and can't remember when she last had contact with them but feels that it was 'years ago'. I recall from looking back through her paperwork before Xmas (we've now moved so can't lay my hands on it again without a lot of digging) it appears that they also registered a CCJ against her in 2002, many addresses ago. She has always earned under the £25,287 threshold to defer it, but has been sporadic in doing so since she left uni in 1999. Surely the fact that the CCJ is statute barred prevents them from issuing another default notice? They must have issued one before the CCJ back in 2002, surely? Also isn't it statute barred anyway, with or without the CCJ as the last payment must have been a decade ago? And if all that fails, the fact that she's never been eligible to pay it back means that technically there's nothing to default her for, no? The default notice gives us 14 days, a week of which has already passed. I'm thinking of hitting them first off with a dispute notice stopping the clock on the 14 days until we can get this straightened out. I'm thinking then SRA them and see when they sent the original default notice and CCJ and then hitting them with a statute barred notice, or should I just go straight for the SB notice? I've just had a good result with RBS so I'm fired up!
  5. Quick update on this all - got a letter from RBS saying they apologised for the inconvenience and have written off all charges and will update the credit files to have any default notices, formal demands and written off debts removed. These changes will be reflected by the end of this month. SUCCESS! Thanks to all!
  6. Ok guys here it is: RBS SOMEWHERE IN THE UK Thank you for your letter dated XXXXX, where you state you are unable to agree with my complaint that the default was ‘applied incorrectly’ to my former account. I am grateful for your acknowledgment that most of the outstanding balance was made up of charges and penalties and that you have agreed to forgo recovery of the outstanding balance of £392.02 and mark the account as partially settled. I am however gravely disappointed that you feel the default has been ‘correctly applied’ in accordance with the terms and conditions that I accepted when opening the account. In fact, my original complaint was not that the default was ‘incorrectly applied’ at all, as I well understand that under the terms and conditions of the account, the entering of a default flag would be the final stage of the Bank’s debt management cycle for an overdrawn account. My complaint was actually that the default was invalid and unfair when judged against the terms of guidance from both the BCOB and the Information Commissioner. As far as I was concerned, the account was closed and our banking relationship was concluded. The fact that you had not actioned my letter for reasons presently unknown is the cause for complaint, rather than specifically the default itself. I believe that it is unfair, as you have a statutory duty to treat me fairly and have regard to my best interests over yours. Accepting that the default amount was mostly charges and penalties is graciously acknowledged but the fact that the default remains, to the detriment of my good standing in the eyes of other lenders is neither fair nor in my interests. Additionally I believe that it is invalid as I remained within the terms and conditions of the account by requesting it to be closed at a point when the account was in credit and dormant. I had no reason to believe that our relationship was still ongoing and as such there was no obligation on my part to notify the Bank of any subsequent changes of address or name. Might I remind you of your obligations under the BCOB guidance, which is clear in its summary of unfair practices that are in evidence in this case: • Levying charges on unpaid direct debits or cheques. • Treating bank-imposed charges as unauthorised borrowing. • Levying charges upon charges. The Information Commissioner is equally unambiguous: “If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed. Defaults filed in these circumstances may also be inadequate for the purpose of credit referencing in that they do not provide meaningful information about the creditworthiness of the customer” I strongly believe that in this case there is sufficient mitigation for the default to be removed due to it being processed unfairly. Namely that: • Correspondence was sent in XXXX to the RBS XXXXX Branch asking for the account to be closed, in accordance with the Bank’s own terms and conditions. • The account was subsequently not closed and became overdrawn entirely with charges and penalties. • The Bank levied charges upon charges. • The Bank treated its own charges as unauthorised borrowing. • A default was issued without my knowledge, with no method of recourse. • With regard to the above, the Bank is in breach of the Data Protection Act 1998 in processing a default under such circumstances. • You are in breach of your obligations to Treat Customers Fairly as required under the Banking Conduct Of Business (BCOBS) regulations 2009 which have been introduced by the FSA under the Financial Service and Markets Act 2000. As I explained in my previous letter, the presence of a default on my credit file is proving to be highly problematic in my search for a self-build mortgage lender. I am highly motivated to ensure a positive outcome from this, no matter which channels must be exhausted in the process. Please remove the default marker from all three credit reference agencies or my next step will be a full Subject Access Request, a complaint to the Financial Ombudsman and the Information Commissioner and if necessary, action in the County Court to prevent you continuing to process my information incorrectly in this way. I hope that such drastic measures will be unnecessary and common sense will prevail. Please also note that my address has changed and is noted at the top of this letter. Yours faithfully, XXXXXXXXX
  7. Thanks guys. The issue is that a default effectively closes us out of a couple of self build lenders altogether and will make the whole process more expensive so it's definitely a fight worth winning, especially as it's all charges and penalties. The plan is, I'll reply to their letter with another 'c'mon guys, be reasonable' letter, reminding them of their obligations under BCOBS but this time underscore that I'm VERY serious about taking this all the way to the County Court if needs be, via an SRA and an objection made to the Information Commissioner. Interestingly according to my solicitor pal, legally speaking proof of posting isn't strictly speaking a problem in court, as the Interpretation Act 1997 s7 makes it clear that a document sent by first-class post is deemed served. I'll post up my letter later, cheers all.
  8. The charges were all applied in 2010. I need to move quick on this though as we're trying to get a self build mortgage to build a house. Could I just hit them with a 'letter before action' saying that I'm going to take them to court for improperly processing the data 'as there is a genuine, reasonable and unresolved dispute' between the lender and borrower'?
  9. Hi all, Top line is my wife had an RBS current account up until 2010. She wrote to them asking for it to be closed after she stopped using it as by then we'd married and had moved to a joint account. We moved house shortly afterwards and no mail (in her maiden name) was forwarded. We now discover a default on her file and it turns out RBS had not closed the account as requested, had continued to charge her for it and eventually defaulted her for £392, an amount made up entirely of charges as the account had £2 in it when she asked them to close it. We wrote to them pointing out that this was their mistake but in the interests of expediting a speedy outcome without resorting to the Information Commissioner etc., we would make a without prejudice gesture of £100 towards their costs if they would remove the default marker. They have replied saying that as the default amount was made up of charges and penalties then they would waive the £392 and mark the account as 'partially settled', but that they did not receive any correspondence from us regarding closing the account and that they felt the default had been applied fairly and within the terms and conditions we had accepted. If we wanted a 'settled' marker then we would have to pay £392! I'm not going to let this drop. We might not have proof of posting (it might be at my in-law's in a big file in the loft, we haven't been able to get in there yet) but this is their word against ours. As a mortgage is at stake I'm willing to take them to court if needs be, as I guess then it would come down to a judge making a decision as to whether the letter was posted or not. Any advice?
  10. Hi all, My wife and I are about to apply for a mortgage so we thought it prudent to get copies of all our credit files to see exactly what might be there, as we've had financial difficulties in the past. The reports are all good, apart from a default from RBS for £268 for a current account my wife had at a previous address. Looking back at the paperwork we have, my wife used this account up until mid-2009 when she wrote to RBS asking them to close the account, at a time the account was inactive with a few pounds left in it. We moved house shortly afterwards. It appears they didn't close the account and the resulting current account maintenance charges mounted up at £20 a month until the account became overdrawn, so they added charges for that too until they finally defaulted her for nearly 300 quid! I'm up for a fight with RBS as we have copies of the letter we sent asking them to close the account and we wouldn't have received any mail from that old address as we only redirected mail sent in my wife's (by then) married name, the (as we understood it) now closed RBS account being the only one left in her maiden name. Bearing in mind it's for a smallish amount and made up entirely of charges, do you think I have a reasonable chance of getting RBS to strike this off? My intention is to SRA them in the first instance, to see if they received our original letter. If so, then I will ask nicely and make a goodwill gesture towards the charges in the interests of reaching a satisfactory outcome. If I get no joy from that, I intend to hit them hard and make them present the paper trail of default notices etc. Does anyone have any advice? Cheers BL
  11. Just a quick update on this - I contacted Experian's Credit Expert helpline to cancel my subscription and asked them about the 'Gone Away' marker. The woman on the phone was very helpful and said that once the default falls off then the 'Gone Away' marker goes with it as all the account info is deleted. She also asked me a few questions about other things and my file and generally seemed keen to help to make sure that the file was as helpful to my file as possible so full marks to Experian there.
  12. Guys, I've got 12 months until a default from HFC bank falls off my file. It's unsettled currently. I've just noticed that on my Experian file theres' a 'Special Instruction Marker - Gone Away', which was placed there in 2010. My concern is that even post-June 2012 when this default is statue barred, the marker will remain and blow my chance of getting my battered credit file back in order. Couple of questions - do these markers remain on after the account to which it refers falls off the file? If so, what would be the way to deal with it? I'm inclined to wait until June next year and once it's statute barred offer HFC a sum of money 'in full and final settlement' on the condition that they remove the marker, if my fears turn out to be the case. Thinking about it, what's to stop DCAs sticking these markers on left, right and centre to knack up people's credit files long after these defaulted accounts should have fallen off? Ta guys BL
  13. So with a charge card is there no way to challenge it? Any advice on how to proceed would be gratefully received.
  14. Hi all. My ex girlfriend had an Amex charge card registered at my address which we used up until a holiday last year. We ran up a rather larger than expected bill whilst away and asked Amex if we could split the monthly payment over three months, with a temporary suspension on the card until it was cleared. We knew that this would probably not endear us to Amex and they'd be watching us carefully afterwards but at the time we couldn't afford the entire monthly bill, so we had no choice. My ex spoke to Amex who said that paying the balance over three months would be acceptable and that the card would be reinstated after the balance had been cleared. We then received a letter telling us that actually the arrangement was not acceptable after all and that we should have not been told as such by the person at the end of the phone, and could we pay the balance in full, immediately? So, we didn't pay it and the account went into default and then the usual threat-omatic machine swung into action. Letters, phone calls, texts - all binned. Anyhow, last night someone from 'Moorcroft' turned up outside. I was upstairs (my lounge is upstairs, I live in a topsy turvy house!) and by the time I heard him and went downstairs he'd gone, pushing a card through the door, saying that he was from Moorcroft Debt Recovery and to call him as he wanted an instalment plan to pay back the debt. I'm going to hit Amex with a CCA request so we can get this into dispute. What should I do with my friend from Moorcroft if he turns up again? I must add that my ex is still a very close friend and her mail comes here, but we aren't 'together' anymore. Should I ask her to get the threatomatic letters sent elsewhere?
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