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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Help with Debanhams


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Hello all!

 

I need help with recovering bank charges from my Debanhams store card.

Please let me first say, that although excessive bank charges are illegal, I am more interested in removing the account from my credit files, so if claiming banks charges is a way to do this, any charges that are returned to me, will be donated to this site IN FULL!

 

I have sent them the standard letter (VIA Royal Mail Special Delivery and it was received on the 06/06/06) asking there credit management team to verify that im the account holder and to provide me with the credit agreement etc. (account was opened in 08/2002 so am hoping they have lost it by now), but I haven't heard anything back from them.

 

The limit on the account was £450 (Balance of £430) and the final debt was £700 which I settled in full (my DAD paid it off). There are over £350 in charges. (I wasn't able to pay as I was a student with no income and I was in hospital).

 

They have total destroyed my credit file as well, which is why I am so adamant to get it removed. I think I have a good case, as instead of ending the agreement after 6 missed payments, they simply carried on marking my files with missed payment and placing more and more charges on my account (about £50 per month sometimes), so my files looks like this now.:o :o :o

 

S000000005466654323210000000

 

What should I do next? I don't mind going to court, as I would love to here they excuse for not ending the agreement and continually charging me.:grin:

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I am a bit confused about this. Are you saying that your dad cleared the debt completely ? If he did then you also need to make sure you told them to close the account. That is the only way it will be "marked" as closed at the credit reference agencies.

It sounds like you haven't actually closed the account as the last 7 zeroes on the line you posted simply means that for the last 7 months things have been fine, no late payments etc. It makes no difference if there is a zero balance or not.

Credit reference agencies will keep all account information on their files for 6 years from the date of last activity, so this will not suddenly go away. Even if the account was closed a couple of years ago it will still stay on file for a few more yars yet. If you have your credit report then read it carefully and all this will be explained. Unfortunately problems with credit effect people for many years.

Pam.

 

If anything I've said helps you then please feel free to tip my scales!

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What letter?

What red text?

What are you on about? I've read your posts and really don't understand what you're asking - the account on your credit file is marked as settled so what is the problem with the credit file?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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The only thing that you can hope for is that IF a default notice was served on you then you MAY be able to get that indicator changed and only that indicator. The account WILL remain on the credit reference agencies for 6 years. The "credit details" will NOT be deleted from the credit reference agencies, only that one indicator that states a default was served, if one indeed was. I really think you need to understand what it is you are looking at when you view your credit reference report.

Pam.

 

If anything I've said helps you then please feel free to tip my scales!

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What letter?

What red text?

What are you on about? I've read your posts and really don't understand what you're asking - the account on your credit file is marked as settled so what is the problem with the credit file?

 

 

There is no problem. I want to reclaim the bank charges, and for them to remove the account from my credit report.

 

I have already removed a BOS default from my report.

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The only thing that you can hope for is that IF a default notice was served on you then you MAY be able to get that indicator changed and only that indicator. The account WILL remain on the credit reference agencies for 6 years. The "credit details" will NOT be deleted from the credit reference agencies, only that one indicator that states a default was served, if one indeed was. I really think you need to understand what it is you are looking at when you view your credit reference report.

 

 

I full understand my credit report, thank you very much!

 

Read this letter

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=586

 

"Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable"

Is that more clear? My english is not very good. Sorry!

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You'll only get the default removed if the amount of the unlawful charges was greater then the amount stated as being in default. They simply won't agree to remove it otherwise because by law they're required to give a 'true' picture of your borrowing history.

 

What you can insist on is that they amend it to show how your credit file would have looked without the charges. Strange though it may seem, getting your bank to refund your money is actually quite a bit easier than getting them to amend your credit file. They're simply not used to people demanding this, and so it is quite a new experience for them. You will need to be absolutely clear on the exact sequence of events so that you can show definitively what your credit file should look like. Once you are clear on this, you need to add the amendment of your credit file to your claim for charges back. This means that if they want to settle out of court they will have to deal with your credit file as well. Editing your credit file is very easy for them, because they have unlimited electronic access to it.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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You'll onlt get the default removed if the amount of the unlawful charges was greater then the amount stated as being in default. They simply won't agree to remove it otherwise because by law they're required to give a 'true' picture of your borrowing history.

 

The balance was £430, and the charges applied were £370!!!!!

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In that case you can probably expect them to amend your file to say you were in Default for £60. In this case I would add a note to your file with some sort of expalanation saying it was an oversight. If you attach a note to your file anyone doing a credit search on you will be required to do it manually instead of by computer, so they'll see your note and hopefully disregard the default because it is for such a small amount.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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In that case you can probably expect them to amend your file to say you were in Default for £60. In this case I would add a note to your file with some sort of expalanation saying it was an oversight. If you attach a note to your file anyone doing a credit search on you will be required to do it manually instead of by computer, so they'll see your note and hopefully disregard the default because it is for such a small amount.

 

 

There is no default!! just late payment marks!!!!

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:confused:...but your letter talks about a 'default'.
  • Confused 1

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Sorry that was my mistake. I only have late payment marks on my credit history.

 

S000000005466654323210000000

 

S= Settled (17.07.2004)

 

 

There must be a way to remove these, when reclaiming for bank charges!!!??

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Sorry that was my mistake. I only have late payment marks on my credit history.

 

S000000005466654323210000000

 

S= Settled (17.07.2004)

 

 

There must be a way to remove these, when reclaiming for bank charges!!!??

I see. If you want the bank to remove these, then you have to provide an updated statement showing how your account would have looked without the bank charges. The'll only alter it if you can prove that what it says is factually incorrect. You won't get them to 'remove' anything, all they'll do is amend it to show the true situation. So, you find that some of the numbers change. Actually, looking at this record, I wouldn't be overly concerned. It was two years ago, and as you say, there isn't actually a default on it. There are far worse credit files than this out there!

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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To be honest I dont even care about the bank charges, I just want the account removed.

 

What should I do now??

 

If I reclaim the bank charges what will happen to my credit history???

Nothing, unless you do as i suggest in my earlier post.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Why can I just send them a Preliminary approach for repayment letter? I really dont understand.

 

No one else has done what your saying.

 

What I see is that you go,

 

DPA for statements

Preliminary approach for repayment

LBA (Start MCOL)

 

Then court.

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Why can I just send them a Preliminary approach for repayment letter? I really dont understand.

 

No one else has done what your saying.

 

What I see is that you go,

 

DPA for statements

Preliminary approach for repayment

LBA (Start MCOL)

 

Then court.

Yes, but not everyone else is concerned about their credit file. If you want them to clean it up you need to include it in your claim, otherwise they have no incentive to do it.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Yes, but not everyone else is concerned about their credit file. If you want them to clean it up you need to include it in your claim, otherwise they have no incentive to do it.

 

Thanks I understand now! :-) you are very helpful!

 

 

I see. If you want the bank to remove these, then you have to provide an updated statement showing how your account would have looked without the bank charges. The'll only alter it if you can prove that what it says is factually incorrect.

 

My account would have looked like this if there wasnt any bank charges ( S00000000000000000000000000) Do I just write that?

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Thanks I understand now! :-) you are very helpful!

 

 

 

 

My account would have looked like this if there wasnt any bank charges ( S00000000000000000000000000) Do I just write that?

Yes, but you need to provide evidence to back it up. You need to be able to explain exactly why it should look like that.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Yes, but you need to provide evidence to back it up. You need to be able to explain exactly why it should look like that.

 

This is probably a stop question.... but how do I do that? Becaues the charges are unlawful?

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