Sainsbury's Bank and their refusal to remove an incorrect default from credit report

[tomtubby]

For many years I have posted only on the Bailiff & High Court section of the site. This is the FIRST time ever that I have posted a personal question and I hope somebody can help.

 

My son and daughter in law left the UK about 9 months ago and live and work in Kuwait. Before leaving my daughter in law applied for a Sainsburys Credit Card. She did this just in case there was any undue financial needs in the first few months.

 

In fact, she never used the credit card and it has not even been activated.

 

I should mention that they have a house over here that is rented out and a few weeks ago, the mortage broker suggested a much lower mortage rate by switching the account. Good advice.

 

The broker made the application for them and it was refused. With great difficulty they managed to obtain an Experian credit check for my daughter in law and this revealed a default against her report by Sainsbury's Bank for £85.

 

She spent a small fortune this week calling Sainsbury's Bank from Kuwait and they have admitted that the £85 fee should not have been applied and they have removed the charge from the account ( which she has never used and which has not even been activated).

 

Sainsbury's Bank however have REFUSED to remove the default stating that once a default is registered there is nothing that they can do.

 

Because my son and daughter in law live in Kuwait they will be giving authority for me to discuss her account with Sainsury's.

 

This is unknown territory for me.....any advice on geting Sainsury's Bank to remove the default would be appreciated.

[Conniff]

Well there certainly is something they can do and the regulations allow for a court suit to be made against just such a thing.

[BankFodder]

The fastest way is a county court claim for breach of the DPA.

They are lying when they say that they can't remove it.

 

Have you got any of this in writing - or have you been relying on phone calls without any recording or evidence - like a newbie?

 

Incorrect entries on the credit register are quite serious and should be worth a reasonable sum in compensation.

 

If they have no written evidence of what has happened so far then they should set everything out in a letter and send it to the bank so at least it is no record.

 

I would suggest a 14 day LBA and then sue.

 

They can use your address for service of documents and you can open any letters and scan them over to them pronto.

[dx100uk]

they must removed the default its their mistake.

 

give the ICO a ring.

 

dx

[steampowered]

Outrageous. I hope your daughter is keeping her mobile phone bills. I would go straight for a LBA threatening court action within 14 days if the default is not removed, and also asking for reimbursement of the unnecessary phone costs caused by their incompetence.

[nobbyblobby]

Sorry to drag and old thread but how would one proceed with court action in this case?

[citizenB]

Ah righto, well if you dont mind, I will remove all the unrelated posts from this thread and leave a message for the original poster to update

[tomtubby]

Thank you for your message Citizen B about seeking an update. Sainsbury's did eventually remove the default against my daughter in law's credit file but it took a long time and was NOT easy at all.

 

Given that my son and daughter in law live in Kuwait taking legal action would have been a nightmare. Having the default on her credit history was stopping them getting a far better mortgage on their UK property and Sainsbury's only caved in after very senior staff members became involved and were made aware by me that in order to resolve the matter through the courts my daughter in law was booking a flight the following day to come over to the UK to instruct solicitors. By the end of that day Sainsbury's confirmed that they had instructed their credit reference agency to remove all trace of the 'default'.

 

Frankly...it was a nightmare time.

[citizenB]

Thanks for the update, TT - it must have been a very frustrating time indeed. Bad enough trying to sort it out when you are in the UK, but outside, as you say, a nightmare !

 

Why do they have to make life so difficult - they knew they were in the wrong!

 

I am pleased that despite this, you were able to get this removed.