Overturning default

Southernsofty_2

Hi, when awaiting Supreme courts judgement my bank added a default to credit reference agencies even though this was against the banking code of conduct (clause13.6) I wondered if anyone has successfully overturned a default by using the courts. I have approached the finanacial ombudsman but am looking at at least a year for a decision which is impractical for me.

Any help on process, cost what i need to do, and likly chances of success gratefuly received.

orc_2

Southernsofty wrote: »

Hi, when awaiting Supreme courts judgement my bank added a default to credit reference agencies even though this was against the banking code of conduct (clause13.6) I wondered if anyone has successfully overturned a default by using the courts. I have approached the finanacial ombudsman but am looking at at least a year for a decision which is impractical for me.

Any help on process, cost what i need to do, and likly chances of success gratefuly received.

Hello there

Banking Conduct of Business Sourcebook (BCOBS) has taken over from banking code of conduct, on 1/11/09. IE FSA regulate banks as oppossed to BBA.

Clause 13.6 of the last code, to which you refer, states


13.6

We may give information to credit reference agencies

about the personal debts you owe us if:
• you have fallen behind with your payments;
• the amount owed is not being disputed; and
• you have not made proposals we are satisfied with

for repaying your debt, following our formal demand.

That clause should however, still have applied to you, if, you had given notice of a dispute through a reclaim and/or court action. Had you??

Defaults are very difficult to remove and can stay on a credit file for 6 years from date of service. I have not seen one here recently.

It might be an idea to seek more specialist advice over on CAG.

wayne99

i would suggest you contact a member on here called never-in-doubt he is spot on with helping with defaults and has helped many in the past.

good luck!

Southernsofty_2

orc wrote: »

That clause should however, still have applied to you, if, you had given notice of a dispute through a reclaim and/or court action. Had you??

Hi thx for reply, yes registered at Northampton court 2 years prior to default, also amount being disputed was more than default amount. Have just checked lending standards code and the clause is still in that although it`s now clause 35.2

wayne99 wrote: »

i would suggest you contact a member on here called never-in-doubt he is spot on with helping with defaults and has helped many in the past. good luck!

Thanks Wayne will give him a call