@asknationwide Nationwide defaulted bank account and unfair PENALTY charges

[claricestarling]

Hi guys

 

i sent a standard cca /soa/default request to a high street bank via recorded delivery which having just checked was delivered to them in early july.

 

I have had absolutely no response at all, not even an acknowledgment.

 

The default was made up solely of charges which i refused to pay.

 

what do i do next?

 

thanks

[fkofilee]

Well can i ask... what does the debt relate to?

 

CCA cant really be used for Bank accounts.... Unless it had an overdraft as a feature

[claricestarling]

Well can i ask... what does the debt relate to?

 

CCA cant really be used for Bank accounts.... Unless it had an overdraft as a feature

 

from what i remember i had went overdrawn £25 for a bounced direct debit

(i was overdrawn from the fee they charge for it bouncing) in around 2008 /2009

 

i think i refused to pay then

 

i obviously got charges over a period of 6 months or so..

 

..after 6 months they stopped adding charges..

 

.. i then paid the charges and started using the account again..

 

. then about 4 months after using the account again they dropped £300/£400 of charges on it in one go and

 

when i called to say why

 

they said they were backdated charges from when the account was inactive

 

- i point blank refused to pay it as it was solely charges..

 

. the default on my credit file is for £300 ish and is SOLELY charges

[claricestarling]

ive just had a good look through lots of forums and posts and it seems common practice to cca a bank UNLESS it was for an overdraft

[AndyOrch]

You cant request a CCA on an O/D....isolate the account and sit tight do nothing until they attempt litigation.Have they defaulted you on your CRAs files?

 

Regards

 

Andy

[claricestarling]

You cant request a CCA on an O/D....isolate the account and sit tight do nothing until they attempt litigation.Have they defaulted you on your CRAs files?

 

Regards

 

Andy

 

hi

it wasnt an overdraft it was a simple current account with no overdraft facility

- i had an attempted direct debit taken when i had a zero balance

- the bank then charged me for it bouncing and it all went from there.

 

i then paid the charges and started using the account again after id paid them...

 

. then a little while later they just randomly added about £400 charges and

 

when i queried it they said it was backdated charges.

 

i refused to pay it and they defaulted me in 2011.

the default is made up entirely of bank charges

[AndyOrch]

Then its an unauthorised Overdraft...there are no CCA for current accounts or O/Ds

 

Andy

[claricestarling]

hi all

 

i recently saw a few posts quoting guidelines from ico as follows

 

"if a default sum is made up of charges without which the account would not have defaulted then no default should be placed"

 

now ive searched the guidelines and cant find it?

 

Did i imagine it?

[claricestarling]

Then its an unauthorised Overdraft...there are no CCA for current accounts or O/Ds

 

Andy

 

I'm now very confused as I've been looking at lots of posts where people have sent them to banks regarding accounts and overdrafts and had replies and success

[AndyOrch]

Not on current accounts or O/Ds clarice...you have what is known as a letter of facility agreement for the O/D...but its not a credit agreement and not covered by the credit consumer act 1974.

[claricestarling]

hi not sure where to post this

 

id like some advice as to the best course of action.

 

ive got a default from a high street bank/building society that is made up entirely of charges.

ultimately id like this removed if possible but id like to know what the best way to generally get it sorted is.

 

the basics:

opened a BASIC account in 2008-

used it fine until around 2009 when

 

i had zero balance and a direct debit try to go out without realizing

- the bank refused the direct debit and then charged me..

 

.. i stupidly refused to pay it out of ' principle' for about 10 months

... the charges then built and built until they got to around £300.

 

Then one day i checked my account online, decided to sort it and paid the full amount shown that was overdrawn.

 

... i then started using my account again with no problems for around a month.

Then all of a sudden i checked one day and it was around £500 overdrawn!!

 

i rang them and they informed me it was backdated charges for the account was inactive... what???

 

i thought they had already added all the charges.

 

i was furious and hung up on her as i just couldnt see where she was coming from with it.

 

i refused to pay it but unfortunately i had a regular monthly payment going into the account of £100 so it WAS being paid.

£100 went in a month but then obviously i was still being charged for being in unauthorised overdraft.

 

once id managed to get the £100 regular payment cancelled ( it took me a few months) i just stopped looking at the account and used another bank.

 

so i now have a £300 default on my credit file- this is made up ENTIRELY of charges. I would like to know if :

 

a) the default is lawful if made up solely of charges? ( ive seen some threads on ico guidelines that it shouldnt have defaulted if made up of charges)

 

b) can i attempt to get the money back that i paid them charge wise.. i cant remember exactly how much each charge was or the grand total

 

This is what i have done so far..

1) july 2013- i sent in the cca request letter requesting agreement, default notices, statement of accounts via recorded delivery...... no response

 

2) i then called them in October 2013 to query this..

. all i got was an apology that no one responded and that it was with a debt collectors and the letter was probably forwarded to them.

I then made an official complaint over the phone.. they took it and said i would receive a call within 2 working days... its now been 8 and Ive heard nothing.

 

3) i raised a dispute with equifax that the default was made up of charges etc... the bank came back with " correctly added, no amendments"

 

grrrr.....

i don't know what to do with this....

. i was going to SAR them to make sure i have all the facts on my account first but then im not sure what to do..

. id like to know what i CAN do...

. for all i know they may have done everything right and i don't have a leg to stand on?

 

im sorry this is really long winded i just thought it better to post all the info.

 

any advice would be great thanks

[claricestarling]

Hi guys

Anyone savvy when it comes to bank charges ?

 

I was defaulted in 2011 from a current account started in 2008 .

 

Had a bounced direct debit charge when balance was zero.

Stupidly ignored it for 6 ish months and the charges grew to around £300 overdrawn from charges .

 

I then paid into the account and got the account to zero.

 

Then used the account.....for 3 months then they literally all of a sudden dropped £500 charges on all at once saying they were backdated charges which I couldn't understand .

 

I did pay £100 each month into the account so it reduced it slightly but then....

 

On my credit file it shows as 2 missed payments 1.feb 2011 and 2.march 2011 and then defaulted April 12th 2011.

 

Can anyone advise me if they can default you solely from charges?

( seen about ico guidelines that they shouldn't do this but I can't see it on the guidelines myself)

 

And have they treated me fairly in this instance? Again seen something about bcob or something similar but I don't know if it applies .

 

I know at the time I felt it was very unfair and didn't pay it because of that.

I want to know whether to just pay it and have it shown as settled or to fight it ?

 

Any advice?

 

Thanks

[citizenB]

Did they say from when, the charges had been backdated ? Have you made a formal complaint to them about these. If you believe you have been treated unfairly, then yes - BCOBs might help. All the BCOBs information is linked in my signature.

[claricestarling]

If a default sum is made up entirely of charges without which the account would not have been defaulted then no default should be placed: (source ico guidance on defaults).

So formal omplaint to rbs data controller by recorded delivery, the default is unfair.

 

Hi I know I'm jumping on someone else's thread but I can't find this guideline on there and I'm fighting a bank at the minute who defaulted me from solely charges.

Can anyone tell me exactly where it says this on the ico guidance?

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?374881-RBS-won-t-remove-CRA-default-made-solely-of-THEIR-PENALTY-charges-**WON**

 

Link above to a thread with similar issues ^^^^ (although I think you might have seen it already)

[claricestarling]

Did they say from when, the charges had been backdated ? Have you made a formal complaint to them about these. If you believe you have been treated unfairly, then yes - BCOBs might help. All the BCOBs information is linked in my signature.

 

I'm sending a sar today so should be able to update this once it's arrived

[BRIGADIER2JCS]

The ICO Technical Guidance on Defaults is clear on this:

 

If a default sum is made up of charges without which the account would not have been defaulted NO default should be placed.

 

A formal complaint to the Data Controller at the Creditors Head Office address is usually successful in these cases.

[claricestarling]

I originally sent a cca request July this year which has been completely ignored

( this is when I didn't know u couldn't cca for unauthorised overdraft on a basic current account)

 

I then called complaints 2 weeks ago to

a) complain I had no response and

b) complain over charges.

 

I was promised a call within 2 days from complaints but no response.

 

I then raised a dispute with Eqifax that default was solely charges...

 

The bank responded to them " applied correctly "

[claricestarling]

The ICO Technical Guidance on Defaults is clear on this:

 

If a default sum is made up of charges without which the account would not have been defaulted NO default should be placed.

 

A formal complaint to the Data Controller at the Creditors Head Office address is usually successful in these cases.

 

 

Hi - thank you

 

I cannot find for love nor money this on the guidelines

Myself .... Where abouts is it ?

[BRIGADIER2JCS]

It's in one of the amendments/ addendums, always hard to find as some many changes have been made recently as well a some a couple of years ago.

 

It's very useful as all you need to do is quote the title and the excerpt from the Guidance.

[claricestarling]

Did they say from when, the charges had been backdated ? Have you made a formal complaint to them about these. If you believe you have been treated unfairly, then yes - BCOBs might help. All the BCOBs information is linked in my signature.

 

Going from memory and my credit file it went like this ......

.

January 2009 zero balance bounced direct debit = charge

 

On my credit file : ( number is the marker)

February 09 -1.

March 2.

april 3

may 4

June 5

July 6

 

Then from July 2009 until September 2010 ( bit longer than I originally thought )

they are all marked as 6 ...

 

So even though I didn't pay for well over a year they never defaulted me then

 

In September 2010 I finally logged in ....

Charges shown as around £400 overdrawn ..

 

.. I paid the full amount shown into the account September 2010 and then started using the account

 

Then it shows as green for

October 2010,

nov 2010

dec 2010

jan 2011 ,

feb 2011 -

1 March 2011-2.

April 2011- default

 

Around dec 2010 I checked online and literally all of a sudden they had added around £400 charges on

obviously taking me into unauthorised overdraft

 

When I called she simply said backdated charges from 2009/2010

 

She wouldn't clarify anymore than that. .

I tried saying that I thought all charges had ALREADY been added

and that I'd paid them so why would they add more now ?

Why weren't they added at the time ?

 

I couldn't get much info from her and I simply gave up and buried my head.

 

£100 a month was still being credited to the account after the 2nd lot of charges ..

.. This was because I'd finally got some success from the child support agency after 10 years

and started getting £100 a month back payment

and although I repeatly asked the csa to pay it into a different account it continued to get paid into this one for around 4 months

meaning I paid back £400 charges which left £300 which was the default amount

[claricestarling]

It's in one of the amendments/ addendums, always hard to find as some many changes have been made recently as well a some a couple of years ago.

 

It's very useful as all you need to do is quote the title and the excerpt from the Guidance.

 

Could you see if you could possibly find it for me ?

I did quote it in my dispute via Eqifax but the bank still said " applied correctly "

[BRIGADIER2JCS]

That answer would have come from the Creditor not originating from any investigation done by the CRA, all Equifax has done is ask the creditor if the default is correct.

 

The CRAs cannot amend or delete any data placed and confirmed by the creditor and confirmed as correct.

[claricestarling]

That answer would have come from the Creditor not originating from any investigation done by the CRA, all Equifax has done is ask the creditor if the default is correct.

 

The CRAs cannot amend or delete any data placed and confirmed by the creditor and confirmed as correct.

 

Ok thank you

Is there anything in bcob that would help me get any of the charges that I actually paid back BACK?

I'm not sure how much the charges were until I get the sar back.

[dx100uk]

who is the bank please

 

and yes bcobs can help here.