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Bank Charges Default


1pc1
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I have a defaults on my credit file for £600 odd pound which are accrued bank charges for being overdrawn by about £25 a few years back. One default is from TSB and the other is from Interum Justicia, both for the same thing although interum just added theirs last June and the TSB is from June 2002.

Can they default me for Bank Charges and if not how do I get them to remove them.

I have CCA'd them both, Interum Justicia sent a letter back saying they would not be pursuing the debt any more (why didn't they remove the default then) and TSB have not fullfilled my CCA request. I cca'd them last year during the last postal strike. They did receive the requests as I got a letter back from TSB saying they would be back in touch but never did.

 

ANy help appreciated.

Thanks Les

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Hi 1pc1

 

You have posted on the right forum as Interim Justicia are a DCA. The default by Lloyds TSB should drop of your credit file in June this year as the debt would then become Statute Barred if you have not made any payments or acknowledged the debt in the last six years (five years in Scotland).

 

The fact that Interim Justicia have updated your file after a CCA request is nothing new I’m afraid. Most of my DCAs have done exactly the same :rolleyes:

 

However, bank accounts are covered by the CCA but are exempt from part V of the Act. So you would not have signed a CCA but Lloyds TSB should provide you with the letter sent out to you at the time they agreed the overdraft with you.

 

I would wait until the end of June and then apply for your credit file again to see whether this has dropped off your file. If you receive anything back from Lloyds TSB, just post on your thread again for more advice.

 

I’m not 100% sure on this, I’m only going on information I have read on CAG. Hopefully, my post should bump your thread up and someone with more experience in this area should be able to help you.

 

 

Bo :)

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Well, this is them getting in a kick when you're down. What exactly is the wording on your credit file - there is normally a description of the default "S87 of the Consumer Credit Act" etc. There is a way out of this:)

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If they have BOTH placed a default on your reference for the same account, then this is against the law.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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The default is just [8.gif] against status history on Experian, can't see anything in my file that says default.

 

If it against the law for them both to default the same account which it is, how do I get Interum Justicia to remove the default?

 

Thanks

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You start with a letter to experian, (recorded delivery)

 

"Dear Sir Or Madam,

 

RE: Correction of data held

 

with regard to my credit file, I notice that both CREDITOR and DCA have registered defaults against me in relation to account XXXXX.

 

A default involves the termination of an account for cause; this can not occur twice, by definition, since the account has ended.

 

Consequently, since this account was ended by CREDITOR, i would ask you to correct this data by removing DCA's incorrectly applied default. Please regard this as a notice of correction under the Data protection act 1998.

 

Yours faithfully,

 

XXXX.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 2 weeks later...

That's good news... you should expect one of them to be put back, however (unless you've already paid off the debt in which case the DCA might not bother)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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