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Mr Purple

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  1. Apologies for the lack of spacing throughout the post, it wasn't like that when I uploaded it. Anthony
  2. I have a long running complaint with Santander. Between January 2007 and June 2007 santy applied £1,050 of charges onto a joint account that I was named on. I put in a claim for a refund of the charges just as the stay was granted. (Typical!) The lovely people at the bank decided it would be nice to register the account as delinquent with the CRA’s and placed it at 3mths in arrears, where it stayed in default for the whole duration of the OFT Test Case. (It was an overdraft that I refused to pay as it was wholly comprised of bank charges). My argument at the time (and still is) is that in registering a disputed sum the bank had broken S13.6 of the Banking Code. The nice people at the bank would not acknowledge this ,I took my complaint all the way to the Ombudsman. In December 2010 the adjudicator decided that Satan’s bank were not required to amend thecredit file entry. I appealed this decision and was in the process of evidence gathering for the Ombudsman, when as part of my evidence gathering I spoke to Experian, who verbally advised me in January 2011 and I quote ‘At somepoint between Sept 2010 and Dec 2010 the record had been removed from your file’. With this news I was delighted as I had achieved my objective of having this damaging entry removed from my file, so I spoke with the to advise them of this. The adjudicatorthen asked me if I wanted to drop my complaint as I had achieved my objective and I agreed. The adjudicator advised me that I could always take up mycomplaint again if I needed to. I thought all was well, until recently when I applied for a mortgage and the underwriter advised of something on my credit file that should be okay with an explanation. This comment raised my suspicions I immediately signed up to Experian to look at my file and low and behold there is an entry from Santander for the sum, now marked as settled in Dec 2010 with a nil balance, but still showing more than 3yrs of arrears (stuck at 3mths, save for the last entry which has been put in as 6mths just for good measure). I have never paid this sum. I have spoken to the complaints team at Santander and they have spoken to the credit data quality team and they have come back to me and said that they have never amended the entry and it has always been there. I have reopened my complaint with the FOS. It’s actually a new complaint, which is not what the original adjudicator (who has now left) had advised, but hey ho, from what I am reading about the FOS on these pages I had better adopt a more aggressive strategy than using the FOS. So my question to you my learned friends is this:- I want to take the bank to Court for registering a disputed sum with the CRA’s. My argument is that when they made the entry it was indeterminate in length as is now being proved. This negative entry started to impact on me in 2007 and as it now shows that it was settled in Dec 2010 it will not be removed from my file until Dec 2016 meaning that their charging, is going to impact my otherwise unblemished credit profile for 9 years in total, which cannot be right, or can it? Please advise. Additional items for consideration. During the dispute I always maintained I would pay the sum if it was proven to be lawful. As the matter has already been 5 years in the making I no longer care how long this will take to resolve people. I have a file about an inch thick of all the letters that I sent and the replies which I can put up online for you perusal if some kind person advises me how. If anyone out there wants to help, advise or mentor me on my quest for justice (or just to give them some pain) your input will be very greatly appreciated. Thanks Anthony
  3. Hi, I hope this subjet hasn't already been covered elsewhere. I cannot find it anywhere, so I apologise if this has already been looked at. We are all familiar with the Bank Charges Issue. well I have often wondered if these same principals cannot be used to challenge Local Authorities for the charges they apply to late payers of Council Tax. I was recently charged £40 by my LA for late payment, this was all done by computer generated letter and when I rang up to complain I was informed by the operative that thousands of these 'Charges' letters go out every week. That really wound me up as this excessive charge is often applied onto people who are genuinely struggling meeting all their bills and £40 is a lot of money. So my question is:- Can I challenge my Local Authority over the exessive 'charge' for my late Council Tax payment?
  4. Hi My parter and I are experiencing some finincial dificulties at the moment and are trying to work our way out of it. I work for a local authority and have had my salary cut by 20% through 'Job Evaluation' and now my partner has just lost her job! I have written to my partners credit card companies and asked to pay token payments. One has accepted token payments, the other wants her to ring them and the third (Yorkshire Bank) have refused. I have sent a second letter to Yorkshire Bank asking them to reconsider our offer and I am about to write again to MBNA following their request for us to ring them. (I wont be ringing them after reading some good advice on another post). The only other debt I have is a car loan that I took out through my employer which is the Local Authority. This loan is regulated by the CCA, but the payments come directly out of my salary. What I need to know is can I ask to reduce payment and freeze interest or will they just tell me no. I feel I have no control over that debt as it is taken directly from my salary, what can I do about this one? Also I do think there may be some issues over its validity as the agreement was on a photocopied piece of paper and I didn't get a signed copy of the agreement for months afterwards, but all that is for the future, what I need to know now is what rights or expectations can I have that my employer will reduce repayments and freeze interest on that loan? Any help is much appreciated. Thanks
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