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Adverse Credit Entries.

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I would like to know whether or not it is legally permissible for a bank to post default notices against a client while there is an ongoing dispute, acknowledged as such by both parties, in writing?

 

The loan is question was made under the Consumer Credit Act 1974.

 

The basis of the dispute is whether or not a substantial sum offered in "full and final", and cashed as such, was, in fact, such.

 

While this debate was ongoing, my credit rating plunged to an alarming and damaging degree.

 

I have records of both "before" and "after" and have been refused a business bank loan since.

 

This has never happened before in 20 years of trading.

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As far as im aware there is something within the banking code of practice which covers this:

 

13.6 We may give information to credit reference agencies

about the personal debts you owe us if:

• you have fallen behind with your payments;

the amount owed is not being disputed; and

• you have not made proposals we are satisfied with

for repaying your debt, following our formal demand.

 

Details here

 

Make an official complaint to your bank in writing requesting that the information be removed until the dispute is resolved


Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

or better still

DONATE TO CAG - every tenner helps!

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