Yorkshire Bank complicated Default problem

[leggoman]

Thankyou for reading this, any help would be gratefully received.

 

The basic story is,

that a previous branch manager - now left YB

- advised me in no uncertain terms to let my overdraft go to collections as

" I would have in effect an interest free loan" and the balance would reduce quicker.

 

The bank had recalled my overdraft because I hadn't used the account for a while.

She knew why too.

She had been on a long leave and her stand in had been really quite rude to me on the telephone

and as a reaction I said " then ill go elsewhere" she replied " suite yourself" So I did!

 

The regular manager returned after some months and telephoned me.

" why aren't you using your account anymore?" - after nearly 20 yrs at the bank-

She obviously realised something was wrong.

 

I told her the story and she suggested she gave me some time to return to the bank

and spoke with her superiors and got the demand for immediate repayment of the overdraft removed.

 

Some months later she contacted me again to arrange a payment plan to "reduce" the overdraft. not in its entirety just reduce.

I didn't take this arrangement too seriously in terms of it being carved in stone

as we had a friendly and un professional conversation, in other words like friends if you like.

 

Unfortunately within a couple of weeks I lost a part of my income and telephoned her straight away with the bad news.

 

I said I of course could pay something off regularly but not the amount we had discussed for now anyway.

- I was trying to keep it a sustainable regular amount

- rather than failing on a larger amount,

besides it was still at that point a regular current account with overdraft.

 

At this point she said she would contact whoever and get back to me,

she advised it might be a good idea to let it go to collections with the account because it would be interest free.

yes I would loose the bank account but no matter.

no it wouldn't incur any charges and no I wouldn't have a bad credit file.

 

I also advised her I was leaving for some overseas work to last 2 months

and if she wanted to discuss it further she would need to email me.

She agreed and wished me well.

 

After several weeks I had heard nothing and so contacted YB head office by way of email obtained from their main web page.

This email - although I learned later is on my file - was not responded to.

 

I returned from away and received a regular call from a 0141 number.

this had gone unanswered by me a few times over a week because I get 10 or so calls a week

congratulating me on my latest accident or the fact I HAVE pots of cash in unclaimed PPI waiting for me.

 

I took the call.

It was a lady from YB collections.

I greeted the call with "wow at last you decide to contact me"

Agreement made. Job done I thought, no problem. september 2012

 

December 2012. Late payment markers and default notice on my credit file. BOOM.

I contacted the branch straight away.

Manager very pleased to hear from me with reassurances of no,no,no its not right i'll get that removed.

Gave me £50 for some charges I received while working away because she said ,yes sorry, I should have called.

"oh by the way, its my last day today. XXXX is my replacement."

I wished her well and assumed credit file will be in order soon enough. NOPE

 

In January I took it up with YB collections and they helped me lots,

passed it to the new branch manager and between them,

late payment markers and default removed.. job done.....

 

Default reappears.

 

but I'm still paying.

 

Ah its computers automating the application of the default because there is still a balance outstanding at collections.

Branch manager suggests a new account and a small overdraft,

paying off collections and thus reinstating me as a customer. good solution all round.

 

Until credit sanctions get involved.

 

rejected based on the fact I took my salary elsewhere in the beginning of all this.

Result the data guy now explicitly refuses to remove the default any further in the future,

despite them dong it for 4 months and I have an email saying they have a journal to remove each month.

 

The branch manger is gutted,

she has worked so so hard for me and we have worked together on this for months and now this.

 

I put in a complaint with their people on her advice but wondered what you people thought on here.

 

Maybe some pointers I can raise to help my case.

[renegadeimp]

Hang on. They removed the default, then reapplied it? I think you need to come down VERY hard on them.

 

Regarding your credit file, you need to stay off the phone, and get everything in writing. Address any concerns over your file to the Data controller and ensure you header it, FORMAL complaint. Doing this forces them to give you a final response within 8 weeks, so you can escalate it to the ombudsman.

[leggoman]

I have screen shots from call credit over 3 months. account normal: account default account normal: and on and on. as we speak its clear again.

 

Its infact been removed 4 times and subsequently been reapplied. One thing that once removed hasnt come back is the 6 consecutive late payment markers. so its hundreds of green ticks and then default.. the strangest looking credit file for miles I suspect.

 

Thankyou for your answer. I shall heed your advice

[renegadeimp]

Have you checked the other two agencies? See what was listed there? Also, if they added the default a second time, make sure that they havent changed the default date to the latest entry.

[maroondevo52]

Hello and welcome leggoman,

 

I have moved this thread to the appropriate Forum, please continue to post here regarding this issue.

 

Thanks,

 

Scott.

[renegadeimp]

I'll try and get you some more help from someone who knows the CRA system better.

[leggoman]

Thankyou all. particularly renagaeimp

 

The credit files even when the default is back show Original Default balance:£0

 

The date of Default is oct 2012 and remain so in all of the tooing and froing

[citizenB]

Might be worth having a read of the BCOBs links in my signature - highlighted in green.

 

See if there is anything in there that will help you.

[leggoman]

Thankyou. I've not been so familiar with the law changes in recent years but I'm getting great satisfaction from reading about other people's troubles and successes that I'm not alone. Which is comforting.

 

I am expecting a call from Yorkshire Bank tomorrow and will keep the forum posted as to the outcome. Obviously it would be better to resolve out of court and without a total relationship breakdown but that is up to them.

[leggoman]

just an update. I have waited 7 1/2 weeks of the 8 allowed for a conclusion to this problem.

 

Its got worse in one way though. LLoyds TSB now want to removed my company overdraft because i have defaulted (apparently) I dont now meet the criteria to be a guarantor of my companys borrowing as a director.

 

So possibly a 14 yr old business down the pan.

 

So heres hoping they rule to remove!!

[leggoman]

After all my worrying Yorkshire bank have upheld my complaint and cleared me of the default. The relief is overwhelming.

 

How it got this complicated ill never know but letters only from now on. Phone calls are an untraceable unreliable form of coms when its something so crucial.

 

My question now is even though I have been relieved of responsibility for what happened as far as I know im still paying collections every month and not a different dept. So will they sell the dept and will i get another default later. What a pickle!!

[renegadeimp]

if the default has been removed, they would be very stupid to add another.

 

If you are worried, perhaps write to the head office and ask for clarification. Did they give you a different account to pay the debt to, when you were paying collections? Or were you just paying as normal?

[leggoman]

Yes I'm sure they would but my theory is stop stupid before it happens rather than trying to untangle stupid afterwards. Haha:)

 

I am paying a standing order per month to an account number different to my old YB account number.

 

They have confirmed in the letter mistakes were made. Also that I'm clear of default, also that I am in a long term agreement to pay per month whereas before they called it a short term agreement and I was called every 3 months to renegotiate.

 

I shall take your advice and write I think. Thankyou

[leggoman]

I arrived home today from a holiday.

strange thing to have on my mind but logged into my CRA file with Call Credit and Equifax.

 

Not only has my credit file restored to its former glory

the Yorkshire Bank entry for any account has been entirely removed.

Thus no default and no history whatsoever.

First reaction was Wow its all over, its gone at last. for good.

 

Then I got to my post and the plot thickens.

 

One from Cabot financial.

They are the new owners of my overdraft with Yorkshire Bank.

 

What can I expect to happen?

 

I now have 2 letters confirming firstly the banks shortcomings in the first place and confirmation of Default removal.

Second letter in response to me asking the above questions in the previous post reconfirming the default is gone.

 

I am thinking they have sold the dept with the account status Not in Default and Cabot will continue to collect,

although I cant help thinking somewhere along the line the Default will reappear and Im back to square one.

 

Can anyone confirm what the law states can and cannot happen,

I don't have a clue and Cabot have requested I contact them,

but they have also acknowledged an agreement is in place already and I must keep up payments.

 

Many Thanks

[dx100uk]

if the account has gone

its gone end of.

 

its obv a toxic debt

 

YB have sold it for areason

you mneed to find it.

 

pers unless its £1000's I wouldn't be paying a penny to crapbot

they would have brought it for

 

have you ever sent YB and SAR?

 

might be funny to get all the gory details!!

 

dx

[leggoman]

Thankyou but I intend to pay every penny because I can't and won't be chased around by DCA s for the rest of my days.

I just wanted to know if now YB have removed not only my default but the entire CRA entry of the account ever existing, can Cabot now add one again while it's with them?

[dx100uk]

as said once its gone its gone

 

you complain to the ico if it comesback

 

pers there something wrong

 

why sell it?

 

what the balance

how much are penalty charges

 

dx