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Toasted v A & L

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New to the site. Thanks for the info on this site, very useful. I was not made aware of the oft test case by the financial ombudsman last week when i complained. A and L have placed a default on my credit file for non payment of fees made up entirely of bank charges imposed on a dormant account . I have given them until monday to remove it or face court proceedings. Will keep you posted.

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Hello and Welcome, Toasted.

 

I'll move your post and mine to start a new thread for you in the A&L Forum.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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spoke to A&L this morning. They will not lift the default notice on my credit file despite the 'debt' being made up entirely of back charges. I have requested my data from them on the phone. Should i make this request by letter so i can prove it. They conveniently dont have an email.... My question is, i am ready to make an application to the court but will the courts make them remove the default until the test case is resolved? The banks have achieved a stay on claims, will the courts confer the same benefit to account holders who want a stay on defaults?

Otherwise there doesnt seem much point in applying.

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Forgot to say, they account has been closed by A&L and the 'Debts" written off. They wont even give me the opportunity to pay the disputed charges to clear the default (obviously on a without prejudice basis) Experian have registered a 'disputed 'note to the entry, should i still write and put them on notice.?

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I thought i would update you all. I am in communication with experian regarding their dissemination of wrong information on my credit file. it seems that section 13(6) of the banking code does not apply to non default marks. My file is marked with 3+ late payment mark. However, as my late payments were in excess of 6 months, according to the information commisioners guidance, it must be marked as a default rather than a non default. its back with Experian for their further consideration..... I am cautiously optimistic...

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Keep us posted, good luck.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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It seems that some lenders are marking credit files with late payment markers rather than as a default, as this would prevent borrowers from getting protection under section 13(6) of the banking code ie. that the matter is in dispute and should not be referred. If anyone is having this problem, get in touch, i may be able to help you.

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It seems that some lenders are marking credit files with late payment markers rather than as a default, as this would prevent borrowers from getting protection under section 13(6) of the banking code ie. that the matter is in dispute and should not be referred. If anyone is having this problem, get in touch, i may be able to help you.

 

How?


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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hi, do you have a non default mark against your credit file? how many months missed payments do you have?

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hi, do you have a non default mark against your credit file? how many months missed payments do you have?

 

0 and 0, but it was a strange comment to make that is why I asked the question how.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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because i have done a lot of research on non default marks against credit files which i can pass on to others in this situation. Not so strange perhaps.

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because i have done a lot of research on non default marks against credit files which i can pass on to others in this situation. Not so strange perhaps.

OK, cool, can you post it up?


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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yes, but to just identify sources does not really help much when circumstances vary so much. Mainly from the Banking code - guidance for subscribers and cross referencing to the Information Commisioner's guidance, particularly with reference to what constitutes a 'default'.

 

Happy to help anyone who might need specific info for their case.

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SUCCESS! A and L have backed down and removed the three late payment markers following the service of my amended particulars of claim. They did this the day before their defence was due. My credit rating is now restored to its former glory.

 

I obtained a lot of help and advice from this site and will be making a donation.

 

Thanks to everyone.

 

Toasty

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