BOS default problems

never-in-doubt

crazyhaggid wrote: »

ok the omb has now replied and stated that although I have pointed out how the Bank of Scotland have failed to issue a default notice in line with the requirements of the law they are still not going to ask them to remove it. Instead they want me to accept the default and £50 compensation from BOS.

I would appreciate it if someone could tell me what I should do now?

If the ombudsman will not reverse their findings then you're kinda stuck - however you should be asking why the bank is offering £50 compo if they are innocent? Doesn't this suggest something is amiss?

Why was the default added in the first place, in a nutshell?

crazyhaggid

never-in-doubt wrote: »

If the ombudsman will not reverse their findings then you're kinda stuck - however you should be asking why the bank is offering £50 compo if they are innocent? Doesn't this suggest something is amiss?

Why was the default added in the first place, in a nutshell?

The ombudsman seems to be suggesting that I take the Bank to court myself based on their incorrect execution of the default. (this is what I thought the ombudsman was supposed to prevent, the consumer having to got to court!)

Is this something the small claims would handle?

never-in-doubt

crazyhaggid wrote: »

The ombudsman seems to be suggesting that I take the Bank to court myself based on their incorrect execution of the default. (this is what I thought the ombudsman was supposed to prevent, the consumer having to got to court!)

Is this something the small claims would handle?

Right now you will lose - are you arguing that you had an account, they defaulted you and you now want the default wiped because it was not properly executed?

Please confirm?

crazyhaggid

its a simple computer error, I had an student overdraft with them whilst I was looking for employment the overdaft period ended and they started to charge interest on the overdraft, I asked them to agree a token payment and freeze the interest. They didn't confirm the interest had been frozen and then I started getting the '£0.00' demand letters whilst I was trying to get them to confirm this.

I spoke to them on telephone banking to try and resolve it and the woman basically said the computer was now in control of the account and the best thing to do was to take it to the ombudsman!

I'm now working full time and are more than happy to pay it off in instalments but they don't want to listen.

never-in-doubt

So you do have an amount outstanding then yes? i.e. you have a balance? What is, the actual defaulted amount?

crazyhaggid

its around £800

never-in-doubt

crazyhaggid wrote: »

its around £800

Then sorry, you cannot get the default removed - not because of a technicality such as you describe (i.e. wrong value on Default Notice). If you did indeed have a £0 balance then yes, you could fight it.

Time to accept it, take the £50 being offered and move on. If anything get a notice of correction added to your credit files, but otherwise i'd suggest forgetting this now.

Of course, if you have the time then wait and see the outcome of the test cases, but it will have little effect because you're claiming for a technicality that would mean precedent setting so you'd have to fight the lender (HBOS) at your own expense - for a default, is it worth it? Nope - not in my opinion, sorry but that's how I see it.

Good Luck.

crazyhaggid

I'm trying to move house right now and this is going to stop me getting a good mortgage rate.

never-in-doubt

crazyhaggid wrote: »

I'm trying to move house right now and this is going to stop me getting a good mortgage rate.

I know, that is unfortunate but hopefully with the letter from FOS you could appeal to the possible mortgage lender using the fact that it was all a mistake. As mortgages are always individually underwritten (not computerised like credit card decisions) then you can actually appeal at the time you apply giving them your side of the story - will it help? Depends how convincing you are.....