Halifax gave me a default due to bank charges

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suzy83
suzy83 Posts: 105 Forumite
in Reclaim bank & credit card charges
Hello,

I have written to Halifax over 3 time asking them to remove the default that they have given me due to the bank charges and they will not budge.

Having this default is causing me major issues in being declined for mortgages.

Please can anyone help me, are there any letters i can use??

Many thanks
Bank Charges refunded from Halifax £2600
Bank Charges refunded from halifax joint account £554
Credit Card Charges refunded £300 plus interest
I'm proud to be dealing with debt!!! :T
«13

Comments

  • natweststaffmember
    natweststaffmember Posts: 12,063 Forumite
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    suzy83 wrote: »
    Hello,

    I have written to Halifax over 3 time asking them to remove the default that they have given me due to the bank charges and they will not budge.

    Having this default is causing me major issues in being declined for mortgages.

    Please can anyone help me, are there any letters i can use??

    Many thanks

    Have you reclaimed your bank charges? Was the default for less than the charges you claimed/are claiming? When did the default get placed on your credit record?
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • suzy83
    suzy83 Posts: 105 Forumite
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    natweststaffmember wrote: »
    Have you reclaimed your bank charges? Was the default for less than the charges you claimed/are claiming? When did the default get placed on your credit record?


    Yes, i have reclaimed my bank charges in 2007. I have checked when the date the default was dated and it was recorded when the account was in dispute. I have read somewhere that a lender can not apply a default once the account is in dispute??? This this correct??
    Bank Charges refunded from Halifax £2600
    Bank Charges refunded from halifax joint account £554
    Credit Card Charges refunded £300 plus interest
    I'm proud to be dealing with debt!!! :T
  • natweststaffmember
    natweststaffmember Posts: 12,063 Forumite
    Options
    suzy83 wrote: »
    Yes, i have reclaimed my bank charges in 2007. I have checked when the date the default was dated and it was recorded when the account was in dispute. I have read somewhere that a lender can not apply a default once the account is in dispute??? This this correct??
    Yep and if they refunded an amount higher than the amount of the default they have to remove it.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • suzy83
    suzy83 Posts: 105 Forumite
    Options
    Hello,

    I wrote to Halifax and they will not remove the default that they have put on my credit report, as they think that it correct. I won my case back in 2007 and the defaulted amount was for £1103, They eventually refunded charges of £2600. Can anyone help me i'm struggle what to do next.

    :-(
    Bank Charges refunded from Halifax £2600
    Bank Charges refunded from halifax joint account £554
    Credit Card Charges refunded £300 plus interest
    I'm proud to be dealing with debt!!! :T
  • natweststaffmember
    natweststaffmember Posts: 12,063 Forumite
    Options
    suzy83 wrote: »
    Hello,

    I wrote to Halifax and they will not remove the default that they have put on my credit report, as they think that it correct. I won my case back in 2007 and the defaulted amount was for £1103, They eventually refunded charges of £2600. Can anyone help me i'm struggle what to do next.

    :-(

    Ok, here we go, firstly complain to the credit reference agency that put the default on your credit record. The complaint is that you were defaulted when the amount was in dispute(please say you have all the correspondence). You need to make them aware that they repaid the amount higher than the default they put on your credit record. Had they not imposed unfair charges then you would not have the default. If they agree with the lender then you may have to take legal action to remove the default.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • suzy83
    suzy83 Posts: 105 Forumite
    Options
    natweststaffmember wrote: »
    Ok, here we go, firstly complain to the credit reference agency that put the default on your credit record. The complaint is that you were defaulted when the amount was in dispute(please say you have all the correspondence). You need to make them aware that they repaid the amount higher than the default they put on your credit record. Had they not imposed unfair charges then you would not have the default. If they agree with the lender then you may have to take legal action to remove the default.


    I have put both experian and equifax in notice and they advise me that they can not remove the default with the Halifax's authorisation.
    Bank Charges refunded from Halifax £2600
    Bank Charges refunded from halifax joint account £554
    Credit Card Charges refunded £300 plus interest
    I'm proud to be dealing with debt!!! :T
  • natweststaffmember
    natweststaffmember Posts: 12,063 Forumite
    Options
    suzy83 wrote: »
    I have put both experian and equifax in notice and they advise me that they can not remove the default with the Halifax's authorisation.
    Did you write to halifax and state that the account was in dispute at the point in which they put the default on the account?
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • suzy83
    suzy83 Posts: 105 Forumite
    Options
    natweststaffmember wrote: »
    Did you write to halifax and state that the account was in dispute at the point in which they put the default on the account?


    I wrote to them on the 20th May 2009 with the following letter.....
    Notice pursuant to s.10 of The Data Protection Act 1998
    and
    Notice of intended Data Protection Act complaint

    Sort Code *********
    Account No. *******
    Roll No. ***********


    To The Data Controller/Compliance Manager.

    Whereas I have been a customer of Halifax Plc Bank for over 20 years and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

    Therefore Take Notice that I require that you cease from processing within 14 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

    This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

    Further take notice that I intend to make a formal complaint to the Information Commissioner and/or to the Courts that you unlawfully hold, process and distribute inaccurate information about me.

    This is in addition to any rights which I may choose to enforce under the law of defamation

    I look forward to hearing from you by return within the next 14 days

    Your’s sincerely




    I called them yesterday as i haven't received a response and wanted to check that they have received my letter. They lady i spoke with said that they had't received my letter and asked what my complaint was about. i told her and she said that the default would not be removed as it was correct. The money that was refunded was a good will gesture. I repeated myself that they could not put a default on a disputed account. she went on with all the jargon, which went over my head and backed down, as i didn't know what else i would say. I said that i would send the letter again and advised i wanted a written repsonse.

    Regards, Suzy
    Bank Charges refunded from Halifax £2600
    Bank Charges refunded from halifax joint account £554
    Credit Card Charges refunded £300 plus interest
    I'm proud to be dealing with debt!!! :T
  • natweststaffmember
    natweststaffmember Posts: 12,063 Forumite
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    On Monday, ring them and ask for a response in writing. The problem is that it is impossible to advise if we do not know exactly what the jargon is. When we do, then we will see about that default being removed ;)
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • suzy83
    suzy83 Posts: 105 Forumite
    Options
    natweststaffmember wrote: »
    On Monday, ring them and ask for a response in writing. The problem is that it is impossible to advise if we do not know exactly what the jargon is. When we do, then we will see about that default being removed ;)


    Thank you ever so much!!!! will update you soon as i get a reponse.
    Bank Charges refunded from Halifax £2600
    Bank Charges refunded from halifax joint account £554
    Credit Card Charges refunded £300 plus interest
    I'm proud to be dealing with debt!!! :T
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