Cheque honoured after account closed

[benmills]

Hello, haven't been here for a while as I've been working away in France.

 

I've come back to re mortgage and had a nasty shock.

 

My account was closed in June 06 after I reclaimed charges. Six weeks after the account was closed a cheque was unexpectedly honoured and I contested this payment as I was unable to reclaim it from the payee for quite a while.

 

I couldn't sort this with A and L, it was passed to a DCA and a default was issued on my account. I've just found this out in the mortgage application.

 

I've written to the FOA - awaiting response. A and L have said no default notice was issued and the account is not covered by the Consumer credit act but by their terms and conditions!

 

I think they've behaved badly. I'm trying to get the default lifted urgently as it's effecting my mortgage application. I'd be grateful for any advice on this.

[benmills]

Forgot to mention I've paid this debt in full. Robinson Way were calling me twice a day in France and it got too much. Should have read the forums before I did though.

[hedgey06]

Hi benmills,

 

Have you sent off to the CRA's for a copy of your credit report(s) yet? Your credit report will clearly show who issued the default. You'll need this information urgently if you're going to attempt to have the default lifted.

 

Post back as soon as you have some further info, and best of luck

[benmills]

Thanks, thanks, yes I have a fantastic letter from the A and L saying they issued the default also saying the account was not covered by the CCA and no credit agreement was entered into and that there was no requirement to issue a default notice as there was no authorised overdraft facility in place. They just sent me back my t and c's.

 

You couldn't make it up. They defaulted me on an authorised overdraft after closing my account. How can I possibly have owed them money and default if there was no credit?

 

Trading standards and Financial ombudsman have acknowledged my complaint. I'd like to go straight for the jugular and issue a summons and let them explain it in front of a judge. but it's my hunch they would lift the default before a hearing as they know they can't or won't want to defend it.

 

Been looking at Chris' case with the RBS. I want to take the fight to them, what do you reckon?