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Bank pulls overdraft then reports to experian & co incorrectly!!

HAVEFAITH
HAVEFAITH Posts: 557 Forumite
PPI Party Pooper
edited 2 May 2010 at 4:24PM in Consumer rights
Hi people, I have a story. A close family friend had a 10k overdraft. That was pulled by the bank without notice subsequently incurring bounced dd charges & over od charges etc. Now they find out that the credit reference agencies have also been informed - but incorrectly stating that they went 20k ocer a 10k facility. That of course has a big affect on receiving credit in the future etc. My friend is livid and would like to write to the bank & perhaps the ombudsman etc.

The bank wants the overdraft repaid & will not return the charges. The total arrogance in this matter is making my friend v angry. I feel they should attack it in writing and seek re-dress.

What do you think out there and can anyone please suggest a letter format/template in which to write to the bank with pls??
"onwards & upwards"
«1

Comments

  • Blacksheep1979
    Blacksheep1979 Posts: 4,224 Forumite
    1,000 Posts Combo Breaker
    So they pulled the facility without warning for no reason?
  • cyberbob
    cyberbob Posts: 9,480 Forumite
    1,000 Posts Combo Breaker
    I very much doubt it was pulled with no reason
  • HAVEFAITH
    HAVEFAITH Posts: 557 Forumite
    PPI Party Pooper
    cyberbob wrote: »
    I very much doubt it was pulled with no reason

    Yes it was pulled WITHOUT notice!
    "onwards & upwards"
  • HAVEFAITH
    HAVEFAITH Posts: 557 Forumite
    PPI Party Pooper
    So they pulled the facility without warning for no reason?

    They were due to discuss matters/renewal then their fin advisor told them that they had been reported to the credit ref agencies, which has completely screwed them as you can imagine. I am thinking they should know in writing in the first instance and then set up a meeting. So some help needed with the wording pls
    "onwards & upwards"
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP, how about you drafting a letter and then inviting comments?
  • xocbc
    xocbc Posts: 320 Forumite
    If the record at the credit agency is incorrect, it can be amended, however he/she should check the terms and conditions of the overdraft, often they can be payable ON DEMAND i.e. instantly, which is something that needs to be considered when running one up.
    Dogs have owners...my cat has slaves...
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    xocbc wrote: »
    , often they can be payable ON DEMAND i.e. instantly, which is something that needs to be considered when running one up.

    This was my understanding too.
  • Blacksheep1979
    Blacksheep1979 Posts: 4,224 Forumite
    1,000 Posts Combo Breaker
    so your 'friend' hasn't repeatedly gone over their limit, had cheques/dd's bounce?
  • Annisele
    Annisele Posts: 4,835 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    "Without notice" isn't the same as "without reason". There are circumstances where it would be fair and reasonable for a bank to withdraw an overdraft without notice, but on the little information we have it's hard to say whether they would apply to your friend.

    The bank is within its rights to want its £10k back - overdrafts are repayable on demand - but if this causes financial difficulty it should treat your friend "sympathetically and fairly". Can your friend afford to pay the £10k back? If he/she can afford to, then they should - and also ask the bank to correct the false information sent to the credit agencies. If the bank won't do that, make a formal complaint. If your friend is dissatisfied with the bank's response to their formal complaint, only then can they refer the matter to the ombudsman - they have to exhaust the bank's complaints procedure first.
  • HAVEFAITH
    HAVEFAITH Posts: 557 Forumite
    PPI Party Pooper
    so your 'friend' hasn't repeatedly gone over their limit, had cheques/dd's bounce?

    No always within their limit & always played fair only even incurring interest on a monthly basis of course. I have copy statements and all in order. My friend has had an account with them for over 20 years too. Yes I understand o/d facilities are repayable on demand but the treatment has not been fair & proper. So all I would like to do on their behalf is help out by writing the the bank in the first instance not wanting to go all guns blazing, Hence the request for some sort of format etc
    "onwards & upwards"
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