Clydesdale Bank Current Account Default

[gregpicard]

Hey guys, bit of advice would be very helpful.

 

To cut a long story short circumstance-wise, last year while I was a student, I was in and out of hospital in Aberdeen from June - September, as a result of this I lost my job due to the fact they needed someone in full-time (I wasn't on a full time contract so I did not get any sick benefits). My grandmother also suffered a stoke, and my parents were in the process of repossesion proceedings....great few months. Anyway...

 

This resulted in my finances getting a bit behind, I missed about 1 or 2 months payments with my other cards etc, which was ok and got them back on track. With Clydesdale however, I missed 3 payments on my current account with a £500 overdraft limit. It went up to about £30 over limit. In October I made a payment of £70 to bring my account back above the £500 limit. However, as I have now been told, after various charges and fees by Clydesdale that month my account ended up being £1 over the limit even after my payment....

 

After paying that I thought everything was in order, as I had set up a direct debit. When I checked my credit rating at the end of January....it was showing as defaulted. My payments in December and January had been bounced back to my account (obviously as they had closed the account).

 

After making my October payment I had to leave my apartment and return to my parents to recover from my hospital time. I informed the Aberdeen branch to change my address...which they did not. I'm very angry as you can imagine. Although they might have already been in the process of closing the account after 3 missed payments, without having any knowledge of this in my new address, I assumed all was in order. They also never attempted to call me about the account either. The fact I informed them in-branch to change my address, and they did not do, is ridiculous. So I had no notice at all of any termination / default letters. If I had known this, I have the funds to blooming arrange a plan with them and could have been avoided.

 

I also note they continued to charge me £20 in December and £20 in January, even though they have told me they 'closed the account'. All the woman in branch offered was 'Oh, that is probably an admin charge'. So in total my account ended at £541 before this 'default' was applied.

 

To have my credit ruined for 6 years for being £1 overlimit is an utter disgrace, especially after their charges put me overlimit by that amount anyway. The maximum that account was overlimit was £30.....Just cannot believe the sheer arrogance of the bank in-branch and on the phone, totally unwilling to help me and rather rude about my whole situation. I have to say, when I had a similar issue with RBS they were very understanding and removed a default notice on my credit card completely after I paid it off in full.

 

I've written a letter of complaint to Clydesdale, explaining the circumstances and asking them as a gesture of goodwill to remove the default....what advice, if any, do you guys have? Do you think I have a case at all legally? Or do they have no culpability in this legally.

 

Kind Regards

 

Greg

[BRIGADIER2JCS]

Place a notice of dispute on all cra files.

 

You should head any complaint as A FORMAL COMPLAINT , which means that the bank must investigate and give you their findings within 56 days.

 

The ICO states that if a default sum is made up of charges without which the account would not have defaulted oo default should be placed.

[gregpicard]

Hi Brigadier

 

Thanks for the response.

 

Should I raise the Dispute immediately? Or wait to hear back from Clydesdale regarding my complaint letter before taking that step?

 

Cheers

[BRIGADIER2JCS]

Let's see what they say first, then if necessary it can be escalated to a Formal Complaint.

[gregpicard]

Hi Guys

 

An update on the situation:

 

I had a letter back from Clydesdale. They did not uphold my complaint. They said that the default letter was issued after 2 missed payments on my account...and that when I made my payment to take the account back into the limit, they had already sent a letter at the start of the month informing me what interest would be applied and therefore it was still my fault that I was £1 overlimit.

 

Basically, they've totally fobbed me off.

 

Also, in my letter I included a SAR with a cheque, and also clearly stated that I required them to provide me

With a copy of any default letters / notices they sent me. They only provided my account statements - no letters of default. I may be wrong, but I thought if they cannot provide evidence of a default letter then they have not complied legally?

 

What would be my next step?

 

Kind regards

[BRIGADIER2JCS]

Intention to default and default notices are not routinely kept as hard copy on a debtors file, it is sufficient for a creditor to record that such a notice wasb sent on a particular date.

As to the default they are correct,BUY imo this is unfair for a sum of £1 and I would suggest an ''appeal'' to Clydesdales data controller on the grounds that it is unreasonable/unfair.

[gregpicard]

What about the fact that I left the property I was living in before the default notice was sent, explained my health situation etc in my local branch, asked them to change my address, and they did not? I literally received no default notice as I wasn't even in that address. The bank failed to update my details. Any scope for using this against them?

 

Think it's a complete farce that they'll happily ruin someone's credit for 6 years over £1 when they've got thousands of people in debt to the tune of tens of thousands of pounds, think they are a bit more of an issue than my case. For all RBS's faults, they at least removed my default for a similar situation..sigh

[gregpicard]

Sorry, forgot to add:

 

Do the bank also need to provide a copy of my Credit Agreement within a SAR? That was not given to me either. How do I go about requesting this? And if they cannot provide a signed copy of this, is there scope this way for me to get the default removed?

 

Cheers

[gregpicard]

Sorry to bring an old thread up, have been in hospital and just got back on top of things.

 

Clydesdale never provided me with my default letters, any notice of impending closure of account, etc. Nor my Credit Agreement. Are they supposed to provide this in a SAR? If so, can I hold this against them for not doing so and demand they do send it?

[BRIGADIER2JCS]

There is no obligation for the creditor to supply a credit agreement with a SAR the is covered by sections 77/78 of the Consumer Credit Act 1974.

With default notices they are not routinely held as hard copies by creditor all that happens is that a note is made on the debtors file that a DN was sent on a particular date, this all that is required.

I would have expected to see a closure/termination letter but no the other items