HELP NEEDED - Re Default, and the next step

iwantasmallholding

Hi

I have had LOADS of troubles with Alliance and Liecster and now Santander, I won't bore you but lets just say they have been charging me for an account that they apparently closed on me, and put a default on an account that was indespute back in March. Now I cant remortage!

My question is what to do next, the bank has failed to do the follwoing within the 28days and have just said they wont remove the default:-

A true copy of the original agreement that this account refers to, this is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974. - Not Done

I require you to supply me with a signed true and certified copy of the original default notice that I have never received. - Not sent

I also wish you to show that the default is settled as it currently shows a negative balance despite the balance having been paid in full, since August. - Still shows minus £55


They have failed to do all of the above, they have responded so I know they have been getting my letters. My last one 10 days ago which as quoted they they were breaching the banking code:-
(quote from my letter 10 days ago)
You have fallen behind with your payments, (Debt was charges only that were disputed, and not in excess of an overdraft limit)
The amount owed is not in dispute; and (The date the default was issued on my credit file the account was disputed and the charges)
You have not made proposals we are satisfied with for repaying your debt, following our formal demand. (Following the refunding of some charges (and no formal demand) an agreement was followed to payback the overdraft which was agreed with customer services)

Who do I go to now, to add insult to injury I got a letter 14 days ago saying I still owed a further £155 of charges on an account that was closed about 12 months ago. They have obviously refunded them back to a zero balance, but the default still shows a negative balence of £55.

Do I go to court? FSA?, ombudsmen? They also have my £1 postal order that I sent. HELP!! I have been trying to remortgage to by a rental house for nearly 6 months now and cant because of the default!!

zppp

They don't have to provide an original agreement I'm afraid.

With respect to the rest of your post, I assume you have made a complaint. In which case they have up to 8 weeks to give a final response before you can go to the Financial Ombudsman Service.

iwantasmallholding

zppp wrote: »

They don't have to provide an original agreement I'm afraid.

With respect to the rest of your post, I assume you have made a complaint. In which case they have up to 8 weeks to give a final response before you can go to the Financial Ombudsman Service.

It was back in November when I started the complaint and still I am not happy with there response, My main complaint is that I was completely unaware of the default, and had been given no warning or notice. The amount was in despute, etc etc etc. So frustrating at how long it is taking, Interest rates will be huge before I get to remortgage

zppp

iwantasmallholding wrote: »

It was back in November when I started the complaint and still I am not happy with there response, My main complaint is that I was completely unaware of the default, and had been given no warning or notice. The amount was in despute, etc etc etc. So frustrating at how long it is taking, Interest rates will be huge before I get to remortgage

The next question based on what you have said, is hav you had a final response letter from A+L/Santander. The only reason I ask is in case your complaint was closed at all. So long as it hasn't been closed, you can escalate to FOS if you are still unhappy. FOS will then investigate and make a decision. This could take several months as they are inundated at the moment.

iwantasmallholding

I have had a letter ignoring ALL of my requests and just said words along the lines of "WE HAVE LOOKED INTO IT AND WE ARE SATISFIED THE DEFAULT HAS BEEN PLACED CORRECTLY". They have ignored all that I have requested and asked. I guess in their eyes it is closed, but I have yet to have confirmation of that following my last letter 10 days ago. Do you thing I can go to ombudsman then?

zppp

iwantasmallholding wrote: »

I have had a letter ignoring ALL of my requests and just said words along the lines of "WE HAVE LOOKED INTO IT AND WE ARE SATISFIED THE DEFAULT HAS BEEN PLACED CORRECTLY". They have ignored all that I have requested and asked. I guess in their eyes it is closed, but I have yet to have confirmation of that following my last letter 10 days ago. Do you thing I can go to ombudsman then?

It is now your choice.

I would suggest calling them to ask whether this is a Final Reponse/Letter of Deadlock. If it isn't they may have a special team that can re investigate your complaint. It would probably be quicker than the Ombudsman. If you still remain unhappy then you could go to FOS.

Alternatively, as 8 weeks have lapsed since you complained, you can go straight to the ombudsman, but that is going to take some time due to their backlogs.

DVardysShadow

iwantasmallholding wrote: »

I have had a letter ignoring ALL of my requests and just said words along the lines of "WE HAVE LOOKED INTO IT AND WE ARE SATISFIED THE DEFAULT HAS BEEN PLACED CORRECTLY". They have ignored all that I have requested and asked. I guess in their eyes it is closed, but I have yet to have confirmation of that following my last letter 10 days ago. Do you thing I can go to ombudsman then?

What people are asking you is on the progress of the original dispute. Your argument seems to be that as the account was in dispute, the default should not have been placed. Which is fair enough. Now, leave aside the default. Was the original dispute closed? Did you raise it in writing and what happened?

Don't muddle up the original dispute with the dispute - you will only waste time and effort. Either you are in the right about this or you are sadly mistaken about the default. And it is easily settled on what happened with the original dispute

iwantasmallholding

DVardysShadow wrote: »

What people are asking you is on the progress of the original dispute. Your argument seems to be that as the account was in dispute, the default should not have been placed. Which is fair enough. Now, leave aside the default. Was the original dispute closed? Did you raise it in writing and what happened?

Don't muddle up the original dispute with the dispute - you will only waste time and effort. Either you are in the right about this or you are sadly mistaken about the default. And it is easily settled on what happened with the original dispute

I am not sure what you mean, The original thing that lead to the default back in March 09 was that I thought I had settled my account with a zero balance. I then received a letter three months later saying I owed more than £470 all of which was charges. I desputed this over the phone and eventually they agreed to refund around half of the charges. I then agreed with them to pay £100 per month off the remaining 325.76 (charges had gone up more whilst I was complaining) which I did. They told me that the account had been closed to prevent any further charges being acrude. Which was what I wanted, after last payment went out I asssumed that was the end of it, but 12 months later I after being refused a remortgage because of a default, it showed that Santander had issued a default I knew nothing about. it also showed the default as outstanding £303 which they have now ammended to £55 for some reason and not 0. Since then they have again over the telephone told me that the account is at zero. So the original amount has been settled, and although unhappy, I paid them off in full, not knowing they had issued the default.

iwantasmallholding

I guess they admitted they were wrong by refunding a chunk of the charges, and then I repaid them the amount we had agreed, I just dont understand why they defaulted me? i was not even over my overdraft.(ie the charges that had accrued were still under the over draft limit for the account) this is why I am desputing the Default I just did not know about it or have a chance to clear it in full.