Santander gone away default

Paveway

Hi all. David here from Teesside in the North East.

I could really do with a little help on how to proceed with this issue as i believe it is deemed as being resolved by the dreaded SANTANDER or as previously known, Shabby National.

In December 2007 my former wife and i moved home and as such obtained a new Mortgage with Santander. Our previous Mortgage was with The Nationwide. We obtained this mortgage a two years previous; 2006. At the same time of this we opened a joint current account in order to keep things in one place. This meant that our Joint Abbey National current account was going to be made redundant. (We occupied two abbey currnet accounts at this time, which eventually went paper only. One being a joint account and another which was my business account. Business closed in 2003 as i wanted less workload and in January 2004 started working for an emplyer again).

During the transition of changing banking bills over to the Nationwide which caused my wife and i to stop using the Abbey National Account, we eventually got charges levied upon us for not submitting £1000 per month. These charges went up to around £350 which was eventually resolved by the bank.

I then attended the bank and asked to have the account closed although in my nievity did not confirm.

We moved home December 2007 after obtaining a Mortgage with SANTANDER.

Recently, i became aware of a number of issues. The first being that Credit expert had triplicated my information. I was assured that this was an issue only with credit expert and was not as a direct result of Experion, despite being told by representitives of credit expert that they draw all their information directly from Experion. Credit expert did resolve this.

The second, more serious issue was that i noticed two defaults, showing satisfied from June 2008. Placed by SANTADER with special notes being that of GONE AWAY. Although there is no entry within the Gone Away section of Credit Expert.

I made a complaint to SANTANDER verbally over the phone and they started an investigation. I had to further complain as this was not resolved. Today i have recieved a £50 cheque as a token of goodwill, but no default removal. They say that at the time that the account was attempted to be closed there was a balance.


OK, to the question and the basis of my claim / complaint.
SANTANDER HAD my address as i obtained a Mortgage with them in 2007. If the Default is GONE AWAY and they had my details, this is incorrect. I am not disputing that there may have been a balance, what i am totally miffed about is that they sent me no letters, no phone calls no correspondance what so ever to an address that they clearly HAD; I must point out that before i could make a complaint two months ago i had to update my address as they told me they didnt have it.

In my current Position, i am very well versed with the Criminal Law, being a constable but not well trained in civil proceedings such as banking. I am however under the belief that there has been a serious breach in Data Protection. I certainly believe that my information held, was not accurate.


Hope someone can help on this matter. If any points need clarification please ask.

Kind regards
David

[Deleted User]

Ok well by far I am no expert!.

But I have been dealing with Santander for the last 6 months.

I would advise that the first thing you must do is write to them and make them aware of your formal concerns. Explain clearly what you have said in this post and why and what it has caused to happen in your case.

I would also suggest that you tell them what you want, for example the incorrect information removed.

The next thing you can do is dispute the information using the credit ref agency. Or experian if you are a member.

I have now sent Santander about 25 complaints and we are now with the Ombudsman. I would expect you will require the same route, however you must follow all steps first. I would keep all letters that you get from them as they often trip themselves up with what they write.

You may also consider contacting the data-com to complain about the dp issues.

I know thats not so helpful but it will bump your post!. :T

[Deleted User]

Sorry I just saw that you say Santander say this is resolved if you have the letter that says you are at the final stage of the complaints process then go direct to the Ombudsman, prepare for a long wait and see what they have to say... keep us informed.

Paveway

Can anyone advise me on the legallity of this issue please. What are the finacial bodies required to do before they issue such a default?

Also is there some form of template for this type of complaint / claim ?

Regards
David

Experian_company_representative

Just to clarify, CreditExpert is a service run by Experian.

If it's a debt covered by the Consumer Credit Act (current account overdrafts are I think) then you should have been sent a default notice. There is a guidance note on the filing of defaults on the Information Commissioner's website. If it hasn't been followed then you have a very good argument for the removal of the entry.

Credit report data is governed by the Data Protection Act and should be accurate and up to date. If it's not and causes you financial damage, you can seek recourse through the courts.

Have you made an official complaint to Santander? If you dispute the data through Experian we can also take the matter up for you.

James Jones

ALIBOBSY

Whilst I appreciate James is trying to help and is only doing a job at the end of the day, he is miss representing what experian and their ilk will do.
What actually happens is the consumer complains about the entry, experian (or whoever) contact the bank et al and say is this entry right? the bank etc just say yes and thats it. Experian etc entirely always take the banks/DCA's side, no proof is required and even if you have a good arguement for its removal they won't do anything.
You have to raise the complain both with the bank and reference agencies (in writing) then go to the ombudsman (complain to any and all official bodies you can) and maybe consider court action as people can and do sue for the damage incorrect information causes to them (although you have to have an actual "loss" ie credit card turned down etc).

Don't expect any help from the credit reference agencies they are all about the financial companies and indeed are very definately "in bed" with certain debt collectors/banks. They are definately a "them" in the world of the consumer.

Its about time they were sorted out if you dispute something the company concerned should have to have proof what they are listing is legally correct and any disputed items should be permanently removed until such time as the proof can be provided (this proof should not be the usual "made up by the banks" type "proof" but the sort of evidence a judge would accept in court.

Ali x

Hanky_Panky

It will be interesting to see if you get anywhere with this complaint.

I think you may have made an assumption that has ended up causing you problems. The assumption being that because you have a mortgage with them they update all your records to reflect your new address - this just does not happen. You need to write into them informing them of your new address for the other accounts you hold with them otherwise they simply cannot pick up the accounts are related.

So in your case the bank account starts to run up the monthly fees and they are writing to you (when I say they I mean an automated letter generated by their collection system) which you don't respond to. Subsequent letters get returned 'gone away' and that marker is placed on your bank account file. At no point yet has any real human intervention occured.

Frankly the fact that you have a default is the main thing and that appears to be correct from the information you have provided. If it states Gone away I don't think it makes much difference.

P.s. to Experian rep - I don't think the CCA applies to bank accounts.

nottoolate

Hanky_Panky wrote: »

P.s. to Experian rep - I don't think the CCA applies to bank accounts.

it does in the way that james is refering to it. i.e. that the cca covers bank overdrafts and they have to issue an official default notice under the acts s87.

overdrafts are exempt from the part of the cca that requires a signed executed agreement. that is all. all the rest of the consumer credit applies to them

Paveway

Hanky_Panky wrote: »

It will be interesting to see if you get anywhere with this complaint.

I think you may have made an assumption that has ended up causing you problems. The assumption being that because you have a mortgage with them they update all your records to reflect your new address - this just does not happen. You need to write into them informing them of your new address for the other accounts you hold with them otherwise they simply cannot pick up the accounts are related.

So in your case the bank account starts to run up the monthly fees and they are writing to you (when I say they I mean an automated letter generated by their collection system) which you don't respond to. Subsequent letters get returned 'gone away' and that marker is placed on your bank account file. At no point yet has any real human intervention occured.

Frankly the fact that you have a default is the main thing and that appears to be correct from the information you have provided. If it states Gone away I don't think it makes much difference.

P.s. to Experian rep - I don't think the CCA applies to bank accounts.

Hi, firstly thanks for this response, however i do not agree with some points. Please do not take offence. I believe i made no assuption that the banks had to update their files in respect of my address and is why i asked the question regarding information sharing.
I have stated that i am no legal expert, but i am in law enforcement and am very well versed in criminal law; with regards to legal definitions, for an offence to be complete in any topic, the various parts of the definition also have to be satisfied, so in regards to the Actual type of default which is incorrect the default would be unlawful. I believe it is unlawful becasue Santander have NOT taken all reasonable steps to contact me prior to issue. The company, which has an obligation under principle four (4) did not ensure that data held about me was accurate.

I will contact Credit expert as they also have an obligation also under data protection principle four.

Like i stated; not inteded to offend

David

nottoolate

Experian_company_representative wrote: »

There is a guidance note on the filing of defaults on the Information Commissioner's website. If it hasn't been followed then you have a very good argument for the removal of the entry.

link to that

http://www.ico.gov.uk/for_organisations/guidance_index/~/media/documents/library/Data_Protection/Detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

Termak

As mentioned by Experian Company representative & nottoolate, I recently got a default of £5,000 removed in less than a week after I sent a letter drafted as below;

Dear xxxxxx

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name.
Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.
1. You must supply me with a true copy of the alleged agreement you refer 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 (s.77 (1) for fixed sum credit).
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on
I would request that this data is provided to me within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.


Yours faithfully