Banks Ignoring S10

[Allyxia]

Hi Everyone

 

Sent my bank the S10 notice. They have responded by issuing me with a default.

 

Am also in the middle of claiming charges back from them, with a cruel twist of irony the amount they are registering the defualt for is the charges I am claiming off them.

 

Can anyone advise where I need togo with this default now?

 

(with regards to the claim, I have just sent them LBA)

 

Thanks I would rather stop the default rather than fight to have it removed later.

[Jfd100]

if the charges you are claiming are the same (or more than) as the default then include its removal as part of your terms of settlement. Also have a look at the contract with the bank, in most cases they should only inform a credit agency if they have given you a notice to pay and the amount is not in dispute. I specifically asked for defaults to be removed and my bank wrote saying they would be. Look on the information commissioner's web site as I think there is information there about defaults.

[Allyxia]

theyve issued the default notice which gives 14 days before the default is registered.

 

Yes my account is £660 overdrawn and every last penny is a charge (the amount im claiming.

 

I want to be able to stop them registering the default.

 

Will be issuing them today for the amount.

 

they just playing hard ball, normally I wouldnt mind but we are going for a mortgage at the same time.

[lickthewallfatboy]

tell them to stick their default-they can't do that while you are disputing the account.CITI have tried this twice and I've told them where to get off twice!!

 

bunch of chancers,the lot of them!!

[angry cat]

Hi, Well I requested Morgan Stanley not to Default me, because I had registered a valid dispute. I also sent them an s10 DPA Notice, which they ignored!!MS just went straight ahead 'Driving a Coach and Six Horses' over me and registered the Default. Quite astonishing, it would appear that the Banks are adopting a 'Cavalier' attitude with regard to consumers data. This flagrant disrepect of the Data Protection Act is an absolute SCANDAL. Angry Cat

[Allyxia]

si if the banks are ignoring who do we inform?

 

there must be a come back for them to answer to they cant just flaut the law when they feel like it.

 

any ideas?

[elsinore]

if the banks are ignoring who do we inform?

 

 

The Banking Code Standards Board, with a copy to the Finacial Services Authority.

 

Elsinore

[Jfd100]

Not sure exactly what stage you are at, but I'd send the bank a letter along the lines that you dispute the debt and that they should not register a default until its resolved.

 

Check the wording of you bank contract to see if they can pass your details to a CRA. One point is that they cannot send a default notice anyway unless either you've exceeded your limit or they have asked for repayment - otherwise you haven't defaulted.

 

You'll be able to get the default removed once your claim is successful anyway - but you could threaten them with a letter to the information commissioner.

 

Have a look at BBA - British Bankers' Association - 13. Lending (Banking Code Guidance for Subscribers)

 

section 13.5

[norvernrob]

Hi, Well I requested Morgan Stanley not to Default me, because I had registered a valid dispute. I also sent them an s10 Data Protection Act Notice, which they ignored!!MS just went straight ahead 'Driving a Coach and Six Horses' over me and registered the Default. Quite astonishing, it would appear that the Banks are adopting a 'Cavalier' attitude with regard to consumers data. This flagrant disrepect of the Data Protection Act is an absolute SCANDAL. Angry Cat

 

I've also received a default notice (10 days notice) from Capital One despite twice writing and telling them I am disputing the amount, quoting 13.6 of the banking code and s10 of the DPA. I also lodged a court claim for £770 of an £800 debt after the 1st letter, so they must have known about the claim when they sent the default notice. The next week or so will tell me whether or not they have taken any notice of my letters.

 

If not i'll lodge a 2nd claim immediately for removal of the default and anything else I can think of in the meantime.

[Allyxia]

it seems to me that the banks are back at us rather agressively in light of all these claims.

 

i'm going to write to Nationwide, and inform them that I intend to go report them see what they have to say to that.