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Experian refuse to remove default


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I sent them a letter stating the default was illegal because of 'bank' penalty charges (40-50% of total due) and they replied stating it does not matter as yours is a credit card account and the 12 pounds charges are ok by the FOS.

 

Anybody got any advice????

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THe charges are 12 pounds each time and amount to about 50% of the total they defaulted me for. Had complained to credit card company but they stated no repayment so I wrote to FOS and then week ot two later I get a default on my account. I wrote to Experian and they replied saying that this rule applies to BANK penalty charges only (dispute) and not to credit cards and so was allowed :(

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You may have to wait for your complaint to go through with the FOS before the default gets removed. When you get a reference number from the FOS write to them and let them know that the credit card company placed a default on your account when they knew it was in dispute.

 

Alternatively, as the FOS is currently taking about 6 months to even allocate complaints to an adjudicator, issue a letter before action and then start proceedings, and include removal of the default.

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I can't see the FOS saying £12 charges are unfair. As they ruled that Lloyds £200 penalty charges where fair and told me to pay them the £800 in charges owed (after waiting months and months...)

 

Although i still refused and the bank dropped the case in the end...

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This is what I need to know... are 12 pound charges acceptable to FOS or whoever? (if so why??)

 

Experian are initially saying these are 'credit card' charges so not relevant an I guess Experian's next move would be to say they're 12 pounds so fob off..

 

The additional issue here is that HFC/Marbles (who defaulted me) have not even replied to my 2 letters about this in last 4-6 weeks!!!

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Alternatively, as the FOS is currently taking about 6 months to even allocate complaints to an adjudicator, issue a letter before action and then start proceedings, and include removal of the default.

 

 

The FOS sent me my documents back about 4 weeks ago (before the default!) saying HFC/Marbles hadn;t sent me their final response (regarding charges and other general admin complaints - NOT the default complaint)

 

Since then I've had no reply from HFC/Marbles to 2 letters about this default and not a final response to previous issue....

 

I have written to FOS saying still no final response and updated them to this default issue...

 

So FOS has started the ball rolling BUT HFC are not replying.

 

I am concerned that when FOS does investigate further I'll be told 12 pounds ok for charges (again 'why'??) and the default stands :(

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From experience £12 charges to the FOS are acceptable for both Credit Cards and Banks.

However if you argue They Caused extreme hardship they will then reduce it to £2 per charge or even nothing. Thats what they did with a friend of mine. They initially said £2 was fair then another letter said 0.

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the FOS really are toothless at times aren't they........

 

I guess I'll have to go back to checking whether the default notice was valid but the credit card company don't reply to me nowadays (HFC/Marbles) - still awaiting a full SAR and awaiting details why they defaulted me as well as my previous complaints (with FOS) on other issues (mainly this insisting on late payments and then retaliating when I wanted cca or sar etc)

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Well got a letter from FOS adjudicator in reply to mine (asking for some progress as HF/marbles were not replying at all) and I now send them their forms back..... that bit gets annoying. Now I send details back.. should I also send another letter to HFC/Marbles and what about the Experian letter or will FOS use this as am excuse to agree with Experian. The FOS are a bit in cahoots with these lot from what I've read so not optiistic on this at all despite there being bank charges in there.

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£12 is the amount that the OFT said was accpetable but never once ruled that they were legal.

 

Alot of people think that the £12 charhe was the end of it and that was that but its not the case these charges are still illegal as they do not reflect the true costs incurred by the credit card companies.

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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Thats the FOS being ignorant to the OFT's ruling, might be worth finding the ruling as there is a section in it stating that although they find £12 acceptable by no means do they find it legal.

 

There's is the difference, Acceptable and Legal!! Two totally different meanings.

 

Try your luck in court asking the Credit Card company to prove that the £12 charge is a fair reflection to their loss. Afterall anything above what it does cost them are penalty charges and them boosting their profits.

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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Guys, the OFT says that they will take action against default charges in excess of £12- they never said, nor are they in any position to say what a reasonable charge should be. That is a matter for the Courts.

 

You need to start a legal action to reclaim unlawful credit card charges, and dont forget that any interest applied to these charges is also unlawful and can also be reclaimed!

 

The interest is quite likely to exceed the charge, as it grows on a daily basis...

 

Claim it ALL back. Youre paying more than you should if you dont.

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  • 2 months later...

well it seems HFC/Marbles do not reply to any of my letters regarding this default. I will send yet another one today..

 

Experian did nothing so contacted them in stronger language and they said they would write to HFC (wow....) and have added a note on my account saying I am querying it.... from what I've read this means nothing.

 

Also HFC/Marbles seem to be updating the default on a monthly basis on Experian - so what does this mean exactly?? Are they defaulting me more than once - the red default symbol has a new date on it - only one red symbol 'default' not several.

 

So assuming HFC do not respond to Experian what then can I do to get it removed other than court?

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