Could my credt rating be affected????

[juliec]

I have already a claim underway with the halifax, LBA to be posted Tues & have just prepared a preliminary letter to Capital One also to be posted tues(recorded)

 

I have read somewhere (& now can't find it again) that this action can or could affect your credit rating.

I am just in the process of changing my mortgage & do not want to do anything to jepardise this.

 

Can anyone tell me if/at what stage, taking action against a bank can have on you credit rating. I am expecting to have to go all the way with the Halifax.

 

Any advice much appreciated. It won't stop me carrying on but I may delay until I've completed my mortgage.

 

Also, I've seen Dave say not to email him direct but to send a link, how do I do this please

 

Halifax Claim £1691 - Preliminary letter issued 25/4 Offer rec'd £221 29/4

Capital 1 Claim £180 - Preliminary letter to be issued 2/5

[Guest Lueeze]

As far as I know, you suing them and taking it to CC will not affect your credit (I need to check this)

 

It is when you have a large Overdraft and owe the bank money and refuse to pay it back until they pay back the charges, then this can get messy and they could enter it on your credit file.

 

Also If they chose to close your account (unlikely!) and you owed them mney this may also show on the file too!

 

To copy a link...

 

Go to the address bar and copy

Open the post page and click on the little image with the world (insert link icon)

Click paste

Click done and you should be away!

 

Click preview post and you can check if its successful before posting!

 

 

Lou x

[juliec]

Thanks Lou:D

 

I closed the 1 account with halifax Feb time (in shear temper) when they added £119 of charges for 3 failed DD.

I went in to see the Branch Manager as I had transfered the money to cover them from another account with the Halifax same day. I'll translate what he said to me in one word as a lot of bank jargon & waffle was used..."Tough" !

 

The account I still have with them is within the overdraft limit, just, but as Ive now arranged for my salary to go into another bank & don't use it any longer I wouldn't be surprised if they ask me to pay it off. Any idea where I would stand if this came about.

 

We'll know more than most of the bank staff by the time we get to court!!

[Guest Lueeze]

Well alot of the charges pay off peoples outstanding balance if they close their account, Is your OD bigger than the sum your claiming?

[juliec]

Nope...I'm claiming £1691 & have a £650 od. So yep if they pay up so will I!

[Guest Lueeze]

Well in that case dont worry, the bank will probabally pay the refund into that account (as you cannot choose they have the right to do that) and you will be able to release yourself from that burden!

 

Lou

[jonni2bad]

Also, to cover yourself, if - during the period where you are reclaiming - the bank seeks to close your account and ask for payment of the overdraft, then you must respond in writing saying that you dispute the debt and you are taking legal action to resolve the matter.

[juliec]

Great idea...Thank you:D

[whataboutyeah]

Hi all,

 

I have also heard this, I am not 100% sure, but it concerns me as it does juliec.

 

The information that I recieved was that any court judgment with regards to a money dispute appears on your credit record, hence, I can't see another bank/financial institute looking too kindly on that fact that you have just sued the company down the road for charges that they also intend to apply.

 

If this in fact the case, then I am horrified, as it would appear to be a choice between allowing the banks to get away with this daylight robbery, or affecting my credit rating, both of which would cost me a fair bit in the long term.

 

Has anybody else looked into this?

[dave]

Well in that case dont worry, the bank will probabally pay the refund into that account (as you cannot choose they have the right to do that) and you will be able to release yourself from that burden!

 

Lou

I have to disagree here.

 

You can choose. Who is suing who here? You settle on your terms not theirs.

 

If you want it in two pence pieces, then you will bloody well have it in two pence pieces. Likewise, if you want it in cash, then get them to arrange a pickup at a branch. They have proven themselves not to be trusted with handling our money - why would anyone let them dictate how they are going to handle it now?

 

No, YOU choose how you want it - you are suing them and are in control of the situation, not the bank.

 

 

Also, I cannot see how they can register it with a credit reference agency - it has absolutely nothing to do with your credit worthyness at all. I would send an S.10 notification if you are in any doubt - that way they cannot give the information to a third party.

[Guest Lueeze]

I read somewhere on here, that the legal process is that they can choose how they pay, as long as its paid? If they paid it into your account I would be surprised if you can challenge that?

[dave]

I wouldn't.

 

If it's paid into your account then they have effectively taken the money back from you for their own benefit. They now have a very low interest loan from you to them - I would argue that they simply cannot be trusted with money and have proved it - you do not want the money you have recovered to be touched by them again.

 

Why, after their unlawful dealings, should they be able to choose to lend themselves your money?

 

It'd be like you suing me and me agreeing to give you the money, but me keeping it in a shoebox in my garden - you can go and get it if you want, but I'd make it difficult for you to get to.

 

They restrict the amount you can take out of your account, and generally make it difficult for people to get to their own money.

 

They have already proven that they are not to be trusted as a fiduciary, so why should they have the choice of what to do with you money?

[Guest Lueeze]

I agree Dave, but I thought legally they could pay it however they like, and it would stand up in law, as they have effectively paid the debt regardless of how they paid, you cant bring the case to court?

 

I cant stand the thought of the bank choosing how to pay, and I will be expecting cheques too!

[dave]

You might be right - however, I would still kick up a fuss (but maybe that's just who I am)

 

Part of my settlement with Abbey was for them to write me a letter informing me that my account was shut.

 

They paid up, wrote off my overdraft (as directed) and eventually send the cheque for the remainder but DID NOT send the letter.

 

As far as I know, the case went ahead - I did not stop it because they did not comply with my settlement terms.

[whataboutyeah]

Posted by Dave

 

I would send an S.10 notification if you are in any doubt - that way they cannot give the information to a third party.

 

Sorry to sound dumb, but what is an S.10 notification? Also, if this stops them using this information, why can't you do this for CCJ's against you?

[juliec]

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