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Help Needed With Overdraft Default.


smokestack71
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I received my SAR today.

 

Two letters relating to the Overdraft.

 

The first is a Banking Facilities withdrawn (due to Overdrawn State of Account) dated 16/10/2008

 

The second is a Termination Notice issued in accordance with Section 76(1) and 98 (1) of the CCA 1974

 

Defaults registered with all three CRAs on 28/10/08

 

(both letters sent to my Dad's address, not mine, however Barclays wont accept this, despite the outstanding Debt being settled with the Debt Recovery company as soon a I found out)

 

Can I get the default removed? The SAR shows there was no Default Notice sent. I'm sorry if I seem confused. :confused:

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Hi Smokey,

 

Can I ask why the letters were sent to YD's address.

 

Did all your banking stuff get sent there or was this an error on the bank's part.

 

The SAR shows there was no Default Notice sent.
How is this shown by the SAR. Or are you saying they've failed to enclose a DN therefore didn't issue one.

 

:)

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Having spoken to the bank, when I moved and changed address, they didn't update the files. On the SAR the change of address call is listed in the telephone calls, however as the details aren't listed they're refusing to accept I didn't change it to my dads address. They've got the address from the company account my dad and I had at the time, I'm almost certain of this. The DCA contacted me at the correct address and this was the first I even knew about the overdrawn state of the account. I paid the balance immediately.

The SAR shows a termination notice only. No default notice.

 

:-/

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So up until the DCA contacted you, what address was the bank using - your old address or YD's.

 

Where were your bank statements sent each month.

 

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for a month to my old address, and then for three months to my Dad's (we don't really speak). It was a strange time (my little boy was being born) and I was moving back, so I just didn't notice I wasnt getting statements.

 

They definately haven't sent a default notice, just a termination notice.:confused:

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Hi Smokey,

 

As this was a bank a/c and not a credit card a/c, I'm not sure if they had to send you a DN. Even if they had, you wouldn't have got it at the old address or at your dad's, which is where I assume the Termination Notice went.

 

So it sounds to me like your CRA records will show no DN as such, but arrears on the a/c which is factually correct. The CRA records should also show that the debt was settled in full. If this is so, I don't think the CRA entries are too damaging to your history.

 

As you didn't notify them in writing about your new address, you have no hard evidence that this is the bank's error. You could continue to argue the point with the bank but, without evidence that they messed up and sent stuff to the wrong address, I doubt you'll get far.

 

Make sure you check the CRA entries show any arrears or debt as settled in full.

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