Unfair Default registered on my credit file

MrHoneybea

Hi all, this is my first post so ill appoligise now for any info that i leave out

Back in Feb 2009 i successfully reclaimed my bank charges back from Abbey National (Now Santander) but before this my account went into arrears as a direct result of the charges! i believe the small sum was around £300-£350 which when having recieved my charges back i repayed in full.. sounded fair to me at the time!!! Now.. in November 2010 i went into my local branch of Lloystsb to upgrade my account from a standard to whatever they could offer which after 2 minutes of being in there they decline with no reason (which i know is the norm) i was told to get a copy of my credit report bring it in and they'll have a look as i assured them that there was nothing on there as having just got 2 mobile phones on contract the day before... anyway, 10 days later i recieved through the post my credit report from experian which unknown to me had a default registered against me in Feb 2009 from .. you guessed it "The Abbey National".. Hmmm this is strange i thought, a default registered against me the same month as them paying out my bank charges!

The same day i marched into my local santander branch and demanded an explination!! politely of course lol.. to cut a long story short lol.. i got a phone call 2 days later from santander saying that the default was place on my file in error ( F ing error!!!!) and it will be removed in 5 working days... i couldn't believe the cheek... oh sorry sir for screwing up your credit for the past 3 years but it was an ERROR!!! which i have the letter as proof of them admitting just that!!

Sooooo what do i do now.. do i just sit bk and take it or do i go see someone about it??? this seems extremely unfair to me as ive not been able to get credit for all this time, i just thought it was the fact i didnt have credit in the first place!! Oh btw they did send me the smallest of the smallest hampers as a goodwill gester and to say sorry!! !!!!!!!!!!!!!

Also as i repayed the arrears which as i mentioned were a result of the bank charges and they've now admitted that the arrear/default were unfair aka an ERROR does that mean they now owe me???

An advice would be most welcome?

p.s sorry for the spelling mistakes if any lol. im getting mad just typing :mad:

jonjamie1970

What do you want from them I dont understand, it was an error and the apologised !

In a way they have stopped you getting further into debt by ensuring that you couldn't borrow more money elsewhere.

Perhaps you should be thanking them ?

MusicalLawyer

I don't quite understand.

You had charges applied to your bank account... so your account was in arrears... but you successfully claimed the charges back... but paid the arrears?

scottish_stresshead

I don't get it either..they could have not bothered to apologise and try and fob you off with some reason and try and shift the blame..but they didn't ..they apologised and recognised it was a error on their part and sent you something of goodwill.....thats not a very common occurance in today's society

I wouldn't waste time and effort trying to take it further..i also agree with jonjamie in that its a good thing as it didn't let you get into further debt!

Tixy

Have you checked the default has been removed (from all 3 agencies?)

In these types of cases its very difficult to prove that this alone was the reason for any decline when you applied for credit, or how much this error cost you in interest (ie if you were accepted for a loan at 20% might you have got a cheaper loan had the default not been there).

So I don't think you can attribute an exact financial loss - but certainly some people have received goodwill gestures in these types of cases. A hamper? I don't know, most people would prefer a cash figures in recognition of the error at least.

Could certainly write a formal complaint and try to get them to agree a payment to you (I think previously I've read of people occasionally getting perhaps getting £50 or £100 or that kind of figure)

jonjamie1970

I'm guessing that some people just think any mistakes in society and they are entitled to big money claims etc, I blame those TV adverts for accident helplines etc. Britains society is going to the dogs :-(

MrHoneybea

I hear what your all saying and its not at all about money!! The defaults are not just the problem but it's also the pervious searches I've had that have been declined are also having a negative affect on the outcome, I have had 2 credit reports and both have only this default on them or should I say did, and yes I have had it mentioned to me already about they've actually done me a favour by not allowing me to get into debt but isn't that my choice to make and not theirs!!? Maybe I would like a mortgage maybe I would like a nice car maybe I would like to option.. and yes I paid the arrears after the charges were paid out so in a way the last month charges I claimed back I gave them back

MrHoneybea

jonjamie1970 wrote: »

I'm guessing that some people just think any mistakes in society and they are entitled to big money claims etc, I blame those TV adverts for accident helplines etc. Britains society is going to the dogs :-(

It's nothing to do with that..! it's that fact a sorry just doesn't work sometimes!

MusicalLawyer

I don't understand where the arrears have come from? Did you only claim some of the charges back?

MrHoneybea

KellyKing1987 wrote: »

I don't understand where the arrears have come from? Did you only claim some of the charges back?

aahhh sorry.. I stopped my money going into the account about 12 months prior to receieving my charges back, the month after I did this the final charges were added to the account.. they then froze the account with £350 of arrears. this was around Feb/March 2008 but didn't add the default until a year later the same month they pay out.! to me that sounds like spite

camuk81

The only line you could have at its a very very far flung on is if the default caused finical problems.

Personally I was lucky enough to get a default removed and the next step after all my searches was do nothing for 6 months and let my file settle down, The searches will drop off after 12 months. If you are really concerned you could place a notice of correction on your file however I would suggest if the default has gone then it may do more harm bring explain in a short space which not every lender does look at, why your file is a better picture for something that its no longer on file.

look at least you got it removed an a sorry i had to fight tooth and nail for mine and still got treat like something on the bottom of someone's shoe!

Don't apply and relax, just because you were declined a bank doesn't have to state why. You may not have met their criteria, or you may not have been part of the lucky number that month.

Leave it 6 months and then start thinking about what you want to do