Thanks dx Even if rhe initial fee that put it into the unarranged OD was a non-sterling charge? Where can I read more about this, all I have found is the ICO guidlines. What can I do about this?

UPDATE: I received all my bank statements for the period in question (2014). There are several parts that jump out at me: Jan 23rd - I withdrew some money from an ATM in the country that I was travelling in, some how they allowed me to take out an amount that was 23p over my arranged overdraft, they also added 2 separate payments for using the card abroad totalling £2.88 so total Unarranged Overdraft was £3.06. 27th Jan - 2 amounts went into my account to take it into credit. 7th Feb - I withdrew money that took me close to my Unarranged Overdraft, then 2 non-sterling fees were added, totalling £4.55, to take it over the Unarranged amount by £1.43. 3rd Mar - Unarranged Overdraft fees were added for Feb, 4x £5 = £20. Also the account fee of £15 was added. 1st Apr - Unarranged Overdraft fees were added, 20x £5 = £100. 7th Jul - TFR to CDR (Consumer Debt Recovery?) amount £236.43, every single bit of it over my £100 planned overdraft was a fee of some sort that they imposed. 7th Jul - Closed Account. They closed the account and registered a Default for this. So because a Non-sterling cash fee pushed the account over the planned overdraft by £1.43 they levied charges of £20, then the next month they levied £100 of charges, effectively these were for the other charges. Is any of this fair/allowed? Can they issue a default for this? The ICO guidance states a default can't be registered if the amount is for fees, some of this was my £100 planned overdraft which was allowed due to the account I had. Initially they had led me to believe that I had run up the debt by spending. Any advice on this matter is appreciated.

Thanks, I will send the SAR recorded ASAP. I felt I should hold back as it may be received as inflammatory or provoking them and wanted to see the statements first. I have recorded many of the calls. The Customer Service agent never responds to my emails though. I have also notified the CRA's that the information is incorrect. One response so far telling me to contact the Lender and the info will remain. I can afford to repay the duplicated sum immediately but would prefer not to as it's a large amount, also I feel that I don't have their word the default/adverse marks will be kept off/removed. Although I have recordings of them saying they will. I also feel it is unfair for me to immediately rectify a mistake they made, that stemmed from possibly unfair charges in the first place. Cheers.

Hello, Sorry if this is long winded, I will try to be as brief as I can. I am having issues with Halifax regarding an Ultimate Reward current account that I had. In January 2014 I moved to another country to live, work & travel. I kept the account open as I may have needed to use it, and I did not know how long I would be away. Also initially I did have some money left in it. I didn't inform the bank as I knew I would have no fixed address due to always being on the move. I know I should have informed them now. The account at some point went over it's £100 arranged overdraft limit by £1, charges were added which went up to over £200. By the time I returned 6/7 months later the account had missed payments and had been defaulted. The bank have recently said that the account was closed 3 days after it was defaulted. I arrived back 3 days after this. I do not think I was aware it had been closed, I believe I used it when I returned and even gave the details to my new employer. I remember being able to see the account online, with the amount over £200 still owed. The day I expected to be paid I logged in and the account was no longer visible. I called them up and it had been closed. I asked what happened to my money and they said they could transfer it and I would need to open a new account. I did this and gave the details of the new account with them, they said it would be transferred ASAP. 2 weeks passed and I had still not received the money, I called and complained. I was told by recoveries or collections (can't remember) that it had been processed incorrectly and sent to different account details, this was their fault not mine. At some point I was given £50 compo into my account for this. Several days later the wages were transferred minus the outstanding overdraft, looking back it was transferred twice from different sources. Fast forward to present day. I have been looking at my credit reports and decided to enquire about the default/closed account. I called, and was passed around departments before being passed to recoveries/collections. The guy totally ignored my enquiries into what actually caused the account to be overdrawn and the subsequent default. He did bring up a double payment into the account and said I now had an outstanding balance of over £2k. I asked him to substantiate this, he just said it was owed. I said the account was closed in 2014, how can it now have a balance? Why have I received not notification or communication of this? He said I owed it and ended the call, he gave no information. Not even a demand or request for me to pay. When quizzed he said it would not appear on my credit reports but would always be outstanding with Halifax. A few days later I was called by someone from Customer Services for Lloyds banking group, we discussed the situation and she said she would remove the Default. Made no real explanation into why. She gave me £50 compo which I, perhaps foolishly accepted. 3 hours later she called back, she said she made a mistake and there was over 2k remaining balance on the account, she said she would still remove the default and could I pay the balance back. For her mistake she offered another £50, again I accepted. During these calls she was incredibly helpful and obliging, in hindsight maybe overly helpful. Later that day I made a payment of 1/3 of the balance. Perhaps this was a foolish move. The next day the default was off!!! Now the missed payments, the original c.£200 overdraft outstanding, and the account itself all showed up from Dec 17 to October 17. I now have loads of recent, red adverse marks on all 3 credit reports, the account is now showing as active and has moved to my open accounts section. 1 report now also lists a solitary missed payment and arrangement to pay over a 4 month period in 2015 when the account was well and truly closed. There are also warnings on both Experian and Equifax saying 0 months since last serious payment problem. This has had a very negative affect on my credit scores (I know the score is not important) and the overall condition of my reports are all now messed up by issues on this account. I tried for days to get intouch with the agent, she had given me her extension number. Eventually she called me back, I was now recording my calls. Her tone was totally different, she was quite rude, abrasive and had started accusing me of being deceitful. She said that I was mistaken about our agreement, she said the default would be coming off only once I had paid the outstanding balance in full (It's still currently off). At one point she said "can you give the phone to someone else so I can explain it to them, as you are not getting it". This was because I said the original default can't be used to force me to repay money that they transferred by mistake twice. She threatened to replace the default and if I didn't like it I should complain to the FOS. She informed me that the markers were correct and showed the account before it defaulted in 2014. They would come off once I had paid the remaining balance. I tried to explain they were now for 2017, she didn't listen. At a point that I was totally calm she said I needed to calm down. She became irate and then said I had really upset her. She also asked why I was addressing her as if she was responsible. She actually said in previous calls that she was in a senior department, could make any and all decisions and would be my single point of contact. I explained that I was addressing her as a representative of her company, not an individual. After the rollercoaster call I was honestly shocked to the point of laughter. I emailed her screenshots of credit reports relating to the new markers in 2017. I received a call today from the same agent, much calmer this time. She had looked at the screenshots, claimed they were correct and I was mistaken. They are apparently for 2014 and will be removed once I have paid. My main concerns and enquiries are as follows: -I was £1 overdrawn, hit with numerous charges, then defaulted and account closed. The £1 itself may actually be due to a charge or fee for using abroad. Is this fair/allowed? -They closed my account, I believe without notification and allowed me to use it before they did but after the default date. Did they allow this just so I would settle the c.£200 overdraft of charges? -They made a mistake and transferred the money to either someone else or a non-existent account. -Then they credited me twice. Never have informed me or notified me. To be fair i didn't notice or notify them at the time, I had various amounts going in from various sources that month and it was nearing payday again. -Agreed to remove and have removed default. -Effectively opened a closed account with CRA's, reported recent missed payments/arreas and have listed the account as active. -Are Demanding payment/refund for their mistake immediately or will continue to list recent adverse markers. -Threatened to replace old default at any time. I have requested my old statements and will likely send a SAR in the next few days to see what the charges are. I want this dealt with but feel they may just replace or add a default. In the meantime my credit reports have all been adversely. I feel Halifax have made many mistakes and are acting unfairly. Can anyone advise on how I should proceed? Thanks so much, I know this is a very long post but needed to explain in its entirety.

An update about this. The witness statement was rejected, i was not notified of this as i should've been by Maidstone as it was obviously there decision. The way i found out it was rejected was by 2 EA's turning up early to my mothers address, which is where the PCN was registered. My you siblings and mother were getting ready for the school run and my mum was walking around in her bath rope getting ready to go to work. When the EA's arrived my mum opened the door slightly to speak to them as she didn't know who they were. One of them immediately put his foot in the door. My mum became quite distressed and scared and called me. I was on the M25 at this point so couldn't do anything. I told my mum to tell the EA to remove his foot from the door which he didn't. Eventually he rang me and i said if he didn't remove his foot i would call the police, he informed me that he had already called them and the police were en-route to "arrest your mum for obstructing us". At this point i was livid, my mum had her work uniform on (blue Midwifery dress) which he obviously noticed and started saying that she was a disgrace and was meant to be an upstanding member of society. He continued saying the police were on their way and my mum was obviously getting upset and was late for work so i paid. I would've liked to have spoken to them in person even with the police present (who would've only been there to make sure things stayed civil and not to assist them with entry as i understand), they were incredibly smug and were provocative, then whenever i made a proportionate reply they instantly acted like i was threatening them and effectively hid behind the police and the law. Im furious as in my understanding Maidstone should've notified me that they rejected my witness statement and i should've been made aware of what was going to happen next, i even enquired about this case when enquiring about another. If they had informed me that it was rejected and referred to the EA i would've contacted the EA and settled. I am also obviously furious at the behaviour of the EA's. Sorry for the rant. Thanks for the help.

Just looked at the Sticky. Very straightforward, cheers.

Thanks. I think i will wait for the outcome and then pay them. When paying is it best to call the actaul bailiff or the company they work for?

Dodgeball - Yeah i think it was noted just to put a bit of pressure on me. Ill ring her and get it settled or do i now have to wait for the witness statement to be returned? BA - It was a similar site, DWB in this case. Thank-you both for the help. I will update, when i know more.

So how would she get enter in the first place to make her list? Is her only available method of entry a peaceful one? I assume she knows its my car because its the same one the debt is for and has been told by Phoenix. I guess i will wait for the outcome of the Witness statement and complaint letter to the Ombudsman, then contact the Bailiff again and pay. Thanks.

No i did not make the same mistake, that was only on this post, apologies. Is a signed control of goods agreement different from the warrant issued by the council/TEC? How easy is it for them to get one? I will ring them as she seems pretty insistent that she can enter. Maybe thats just scare tactics so i peacefully allow her to enter or pay up immediately!? The car is in a private car park that belongs to the management company of the building i live in, and is within private grounds Just to clarify I'm not trying to get out of this or find some loophole. I just want to pay what is necessary and no more without my belongings taken. Thanks

Yeah i did think the original advice i received was possibly off, it appears the site i used is already being questioned by member of this forum on other threads, and i could not find anything to back up the advice. The bailiff left another letter yesterday, titled notice of removal. It said that no one needs to be in for her to enter? By paying the debt have i removed her power to force entry or did she not have power to force entry anyway. Due to being under the impression that her action was imminent and that i didn't want a Bailiff entering my parents home, after speaking to Debtline, TEC and some of my own research i filed a late witness statement. On the grounds i had paid the PCN. Was this a bad route to take? Thanks.

Very sorry, all dates are August. Changed the original post.

Hello and thanks for the reply. Is there any obligation for the council to notify the EA's that i had paid as they instructed them? Also its bad that the online payment system still accepted my payment and didn't re-route me. Also when i contacted the council they said its out of there hands and has nothing to do with them. I contacted CAB and Debtline. The advisor at Debtline advised me to write a complaint letter to the council stating that i would not have reached this point if they had advised Phoenix or refused my payment. They could also have informed me that paying them would not settle the case and make me liable for further fees. The advisor from Debtline said to inform them that i would contact the Local Government Ombudsman. No she didn't and no i didn't sign anything. She did make a note of my cars registration with a view to remove it. Its currently parked in an offered parking compound for residents of the building i live in behind electric gates. Thanks.

Thank you!

Whilst in the process of dealing with a PCN that had reached the enforcement stage, that had become a mess due to Maidstone Council authorising Marston and Phoenix. I quickly paid off another that i knew i needed to be paid directly using Maidstone councils online portal. Unbeknown to me this had been passed on to the EA's (Phoenix in this case), i paid on the 27th of Aug, i have a letter that was dated the 24th of Aug that i hadn't opened or was aware of due to several reasons. This was the first letter in the process telling me i owed £187, £112 of which was to the council and the rest to Phoenix. I foolishly disregarded this as i had paid and i assumed it would be updated an Phoenix were no longer necessary. I then received a 2nd letter stating that i should pay now or face the enforcement stage, i also ignored this for the same reason as the last letter. Eventually someone called Miss Taylor turned up with a letter which she handed to my Mother, it said that i now owed £422 and she would return to collect goods from my mothers house, i instantly called her and disputed this and told her i had paid and gave the date. She denied this and called her office, she then called me back and said the amount was now £310. After this i tried to get some advice from a different forum, both by asking and reading similar threads. The advice i was given was that as i had paid during the compliance stage i was liable for the £75 but no other fees, and that the initial warrant couldn't be used to take any goods as the original amount had been settled. I understand it looks as if I've tried to get away with dealing with the Bailiffs but i happily would've paid the extra £75 to avoid this. My question is, is this advice correct? Or am i liable for the amount of £310. I have searched and read the forum for similar threads to mine but just wanted to make sure i got advice that was up to date and explicitly relevant to my situation so apologies if I'm going over old ground. Thanks in advance for any help or advice.