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Mr Purple

Credit Entry on Disputed sum - 9 year potential consequenses - Is this right?

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I have a long running complaint with Santander.

 

Between January 2007 and June 2007 santy applied £1,050 of charges onto a joint account that I was named on.

 

I put in a claim for a refund of the charges just as the stay was granted. (Typical!)

 

The lovely people at the bank decided it would be nice to register the account as delinquent with the CRA’s

and placed it at 3mths in arrears, where it stayed in default for the whole duration of the OFT Test Case.

(It was an overdraft that I refused to pay as it was wholly comprised of bank charges).

 

My argument at the time (and still is) is that in registering a disputed sum the bank had broken S13.6 of the Banking Code.

The nice people at the bank would not acknowledge this ,I took my complaint all the way to the Ombudsman.

 

In December 2010 the adjudicator decided that Satan’s bank were not required to amend thecredit file entry.

 

I appealed this decision and was in the process of evidence gathering for the Ombudsman,

when as part of my evidence gathering I spoke to Experian,

who verbally advised me in January 2011 and I quote

At somepoint between Sept 2010 and Dec 2010 the record had been removed from your file’.

 

With this news I was delighted as I had achieved my objective of having this damaging entry removed from my file,

 

so I spoke with the to advise them of this.

The adjudicatorthen asked me if I wanted to drop my complaint as I had achieved my objective and I agreed.

The adjudicator advised me that I could always take up mycomplaint again if I needed to.

 

I thought all was well, until recently when I applied for a mortgage and the underwriter advised of something on my credit file that should be okay with an explanation.

This comment raised my suspicions

 

I immediately signed up to Experian to look at my file

and low and behold there is an entry from Santander for the sum, now marked as settled in Dec 2010 with a nil balance,

but still showing more than 3yrs of arrears (stuck at 3mths, save for the last entry which has been put in as 6mths just for good measure).

I have never paid this sum.

 

I have spoken to the complaints team at Santander and they have spoken to the credit data quality team

and they have come back to me and said that they have never amended the entry and it has always been there.

 

I have reopened my complaint with the FOS.

It’s actually a new complaint, which is not what the original adjudicator (who has now left) had advised,

but hey ho, from what I am reading about the FOS on these pages I had better adopt a more aggressive strategy than using the FOS.

 

So my question to you my learned friends is this:-

I want to take the bank to Court for registering a disputed sum with the CRA’s.

 

My argument is that when they made the entry it was indeterminate in length as is now being proved.

This negative entry started to impact on me in 2007 and as it now shows that it was settled in Dec 2010 it will not be removed from my file until Dec 2016

meaning that their charging, is going to impact my otherwise unblemished credit profile for 9 years in total, which cannot be right, or can it?

Please advise.

 

Additional items for consideration.

During the dispute I always maintained I would pay the sum if it was proven to be lawful.

 

As the matter has already been 5 years in the making I no longer care how long this will take to resolve people.

 

I have a file about an inch thick of all the letters that I sent and the replies which I can put up online for you perusal if some kind person advises me how.

 

If anyone out there wants to help, advise or mentor me on my quest for justice (or just to give them some pain) your input will be very greatly appreciated.

 

Thanks

 

Anthony

Edited by dx100uk
certain libellious comments and phrases removed - dx

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Apologies for the lack of spacing throughout the post, it wasn't like that when I uploaded it.

 

Anthony

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