Is there anything I can do?

yoto

Hello everyone, first post. J

I've read some fantastic advice on here, so here goes.


I have complaint with Abbey dating back to 2006/2007.

I decided to log a bank charges complaint after I instructed Abbey to cancel a number of direct debits/standing orders in 2006; this was not actioned by the advisor I spoke to and resulted in numerous charges on my current account that I had no knowledge of, until it was too late. I still believe this was not my fault. I took advice from the Citizens Advice Bureau (early 2007) who advised I should claim back all the charges that had been applied to my account up until the end of 2006. This is in excess of £2000.

Meanwhile, Abbey had already withdrawn the overdraft facility (of £1500) from my current account adding to the amount I owed. This was because I was no longer using the account and did not intend to until my complaint was resolved. I later learned that Abbey had logged a default on my credit file during this time, sometime at the end of 2006. So I decided to take my complaint to the Ombudsman, as I felt that I had been treated unfairly and the charges were excessive.

At present, the complaint is still with the Financial Ombudsman Service, but on hold, pending the outcome of a test case which I am sure you are aware all aware of.

I don’t really want to wait any longer for this matter to be resolved. Plus, Abbey have periodically passed this debt to third party debt-collection agencies. I then have to explain/write/call and liaise with these agencies before they eventually pass it back to Abbey.

So, I recently wrote to Abbey explaining that I will drop everything with the Ombudsman and even pay what ever they say I owe in full if they are prepared to remove the default. I called Abbey today (I was passed from the complaint dept to the recovery team), they say that my dept has been sold on and it’s nothing to do with them any more.

My ultimate goal is to have this default removed from my credit file. I genuinely believe that if Abbey hadn’t made that original error I wouldn’t be in this boat.

With the benefit of hindsight I shouldn’t have been so stubborn and refused to use the account until Abbey had refunded their error. But, im stuck with the consequences now and Im looking at the best ways to turn this around as I desperately need that default removed.

Anyone have any suggestions on what I can do? :rolleyes:

Thanks for reading, and thanks in advance for any reply.

DawnW

I am not an expert (welcome to MSE by the way) but in your position I would be inclined to wait for the Ombudsman's decision.

MrsTinks

It really could go either way - whilst Abbey maybe failed to carry out your instructions do you actually have any proof that you asked them to cancel the DDs? Ultimately it would be your responsibility to monitor and manage your account and as soon as the DDs went out you should have immediately contacted them to get the error corrected.
Look at it from their point of view: They have no record of you requesting the DDs be cancelled, you suddenly stop paying into the account and bills are still going out, charges are added, charges on charges are added. They send you statements and letters and only by the time they have added a default on the account do you suddenly start reacting and claiming it's all their fault!

I'm not saying they aren't at fault or you didn't instruct them to stop the DDs - just saying what it may look like from their side.

Unless you can categorically prove that Abbey screwed up they will NOT remove the default. You can't negotiate with them about this...

My DH has a default on his account on a joint account he had with his ex - they paid the outstanding amount, asked if there were any charges etc on it, were told no that's it - fine they said - we'd like to close it please. Super said the bank... 2 years later and I go through his credit file and spot a newly logged default... cue lots of angry letters to the bank, they write off the amount on the account as they recognise that they had infact been in the bank to pay and close it and should have been advised that the account has some charges to come out for the overdraft usage (less than £5) - as they moved out of the house they had together the didn't get the statements and unlike paranoid old me they only forwarded the mail for I think 3 months (I always forward for a year lol)
The bank will NOT shift and remove the default despite recognising that it was their error in part - because both OH and his ex should have opened the statements (they went to the ex...) and noticed the error.

Learn to live with the default and get your money back - once it's settled it will count for a lot less as far as your credit worthiness is concerned. My OHs still shows (as settled) and it's now 3 years ago - his "score" is well over 900 with experian and he's never been turned down for 0% deals...

yoto

Thanks for the reply Dawn. Yeah, worst case senario is I just wait for the Ombudsman. That may be the outcome.

MrsTine: Yes, you are right about Im also partly to blame, I admit part as I wasnt checking the account or the statements for a few months. You have given me an idea. I totally need proof of the fact that I requested the DD or standing orders, so I have requested a print out of all my account notes from around this time. The day in question should be documented as they cancelled some, but not ALL, which was my request. So fingers crossed on that.

Abbey said they will provide all this info free of charge (which was a surprise, as I though it was £10).

Cheers for the advice, it really is appreciated, and if anyone else has any advice I'd like to hear any suggestions.

Thanks again.

yoto

Just had a notification from Equifax, Abbey have removed the default!!!

I've double checked it on the Equifax site. I am stunned!

Maybe they do have a heart after all.