First Trust Bank (AIB) ruining my credit record

[ajwliverpool]

Hi

 

Sorry guys if this is the wrong place for this.

 

Basically - longwinded story but the short version is i have i loan with First Trust which they are repeatedly reporting to credit reference agencies is in arrears (every month), despite the fact i haven't missed a payment and they acknowledge this! They refuse to stop doing this until the loan is settled, which is 9k, and this will mean years of crap credit despite always paying.

 

Understandably its ruining my plans and is deeply unfair but the longwinded version might help someone give me some advice.

 

I moved from Northern Ireland to Liverpool due to business. At the time i had two small personal loans with First Trust (Northern Ireland branch of Allied Irish Bank i think). I also had a current account which previous wages went into and then serviced the loans.

 

When i moved i found it impossible to deal with First Trust. No local branches, so couldn;t get stuff done face to face etc. They refused to change my address and wouldn't accept COA by post. I wasn't going to fly over to Belfast just to change a bank account, so this saga went on. Numerous letters were sent but they always denied receiving them or told me i'd be best coming in to a branch (Arrgh!).

 

I started using Halifax for personal accounts so income never went to First Trust. This created the problem of servicing the loans. I had to post Standing Order multiple times but they denied receiving them. I fell in arrears because i thought they had it sorted, and what with going abroad, it got screwed up. When i knew, i settled by phone and complained. Eventually i got contacted by some credit control guy and after much arguing it turned out that they were sending letters to my prior address (since they refused to change it despite lots of letters) - and had decided to convert the two perosnal loans into a consolidation loan, and set that up with my new Halifax account. He ASSURED me that there would be no effect on my credit and he would ensure that past missed payments would not impact my credit report.

 

All good so far. Fast forward a year and i apply for credit. They knock me back because i am in arrears. I never had a record of the guy i sorted things with. I write twice to complain, eventually get short reply saying that i am considered in default due to missed payments on the PREVIOUS loans, but they acknowledged i was up to date with the consolidation loans. I ring to clarify this, and they are adamant that they are within their rights to keep reporting that i am in arrears, every month, "until i settle the loan" . That would be 4 years at the current rate. In the meantime lots of things i am trying to do, including in my business life, are being affected by this.

 

Now bear in mind i am asking them - what do i need to pay for previous missed payments in the other loans, were they not settled by the consolidation??? no i am up to date, but if i have a problem i should settle the loan...

 

I tried to read on this site for advice, and in the end hit them with a complaint letter and a SAR. In the SAR request i made it quite clear i wanted copies of correspondence, call logs, notes made on the system etc. They sent me two letters. One from some muppet saying they were investigating my complaint (6 weeks on no news), and a big pile of statements in response to the SAR. Statements only nothing else.

 

All i wantfrom them is:

 

1. stop reporting me being in arrears when i am paying you every month and you tell me i owe nothing!
   
2. contact experian and get them to remove the 12mths worth of unfair and incorrect default notices
   
3. let me pay the balance of the loan in peace without ruining my credit (and my business plans)
   

 

What should i do next? i am exasperated with them and feeling a bit powerless as to my next step. I hope someone has had the patience to bear with me and read this, and has some guidance for me!

 

Thanks for listening!

 

Yours

Frustrated Ulsterman:-x

[cerberusalert]

Complain to the ICO they have a legal duty to ensure that the data they are processing and reporting is accurate. https://www.ico.gov.uk/Global/contact_us.aspx

[Durkin]

All i wantfrom them is: 1. stop reporting me being in arrears when i am paying you every month and you tell me i owe nothing! 2. contact experian and get them to remove the 12mths worth of unfair and incorrect default notices 3. let me pay the balance of the loan in peace without ruining my credit Ask them nicely. If they don't comply, a quicker way to get them to reconsider might be a small claim for damaged credit reputation. Good luck.

Edited June 14, 2011 by Durkin
Spacing

[ajwliverpool]

Thank you cerberusalert and durkin

 

Do i have a right to ask for decision makers email addresses? its just that they repeatedly deny receiving my letters and at least with an email and a recoreded delivery letter, i might have more proof.

 

I think i might send them one more letter/email, and if no luck, complain to the ICO. I have no idea about making a legal claim against a bank for damaged credit reputation. I never heard of that. Surely it is very costly and a bank would just delay it and delay it? But i'll search on here to see what thats about.

 

Should i also complain to the ICO they only sent me statement copies? do i not have a right to all the other communications (copies of calls logs, internal messages, letters to me, etc)? if i did it might help me prove my point. Statements don't really help as they don't tell the full story.

[Durkin]

 

Do i have a right to ask for decision makers email addresses?.

 

 

Unsure if you have a right but it seems reasonable to ask.

I have no idea about making a legal claim against a bank for damaged credit reputation. I never heard of that. Surely it is very costly and a bank would just delay it and delay it? But i'll search on here to see what thats about?.

The court will help you with a small claim. You can claim £5K in the small claims court for damage to credit reputation. Once the maximum limit rises to £15K folk can claim an easy £8K.

 

The court may actually be quicker than the ICO. My experience is that the ICO are a waste of time and space.

 

Legal action should make them think. My case has snowballed into a £500K action being helped through to the UK Suoreme Court through charity.They'll probably not want a similar action to develop.

 

For less than £40 it could be worth a try. You can quote Kpohraror v woolwich 1996 and to a certain extent my case: Durkin v DSG & HFC

 

 

Good luck.