Santander - Ombudsman Final Decision

YorkshireBoy

jon142 wrote: »

Why would it choose to do it rather than choose to help a customer out and not do it?

Because the have to comply with the 'principles of reciprocity' (google it).

If they want to see AP markers on the files of people they're searching (either current or prospective customers), they have to reciprocate by supplying the same data to the CRAs (on their current or previous customers).

One of the guiding principles of the DPA is that data shall be 'accurate'. If you had an AP, then in reporting it they're complying with said DPA (and, it seems, getting one over on you at the same time ).

jalexa

jon142 wrote: »

Santander ... want to jump at that chance and add an arrangement marker...

Having looked at Experian help https://www.creditreporthelp.experian.co.uk/static/ycrhc/1b6c25a95fb5428588da337cdfcd613a.html I'm not convinced AP is appropriate for a current account. *If* you were maintaining the agreed payments IMO Status Code 0 should apply.

*If* they do add AP then I suggest you report that to the Ombudsman.

YorkshireBoy

jalexa wrote: »

Having looked at Experian help https://www.creditreporthelp.experian.co.uk/static/ycrhc/1b6c25a95fb5428588da337cdfcd613a.html I'm not convinced AP is appropriate for a current account. *If* you were maintaining the agreed payments IMO Status Code 0 should apply.

*If* they do add AP then I suggest you report that to the Ombudsman.

I read it differently.

The bank wanted full payment of the overdraft, as per their "repayable on demand" condition.

OP couldn't repay "on demand", so negotiated(!) a reduced payment special arrangement.

As per your link above...

The following information may also be included with account details:

Entry: Arrangement to pay

Definition: Lender has agreed to vary the customer's payments for a time.

In other words, the bank said "OK then, don't pay it all back at once...pay it back at £30 a month for just under 2 years".

That's an "arrangement to pay" isn't it?

The FOS obviously thought so when they said...

IF the bank chooses to a " marker " may be added. To show I was on some sort of arrangement

...so it looks like the OP's only recourse is to attempt to appeal the FOS decision.

In my opinion, with only the information posted so far, it isn't going to happen.

innovate

One thought that occurred to me is that if people put as much effort into avoiding going into overdraft as they are putting into trying to "get one over" with banks, they'd be so much happier

Thrugelmir

innovate wrote: »

One thought that occurred to me is that if people put as much effort into avoiding going into overdraft as they are putting into trying to "get one over" with banks, they'd be so much happier

Or later found by trying to be clever that there plan has backfired. In that their credit history is tainted in the medium term.

holly_hobby

Yorkshire Boy is correct.

An OD is regulated under s10 of the CCA74, which means that it is a credit facility and the conduct of which is recorded with CRAs.

ODs are repayable on demand, as already stated you were unable to adhere to the t&cs of the OD (by repaying on demand), so you effectively defaulted on the arrangement.

Technically they SHOULD have send you a DN, confirming the default - but either way you accepted the debt as accurate, and accordingly agreed a scheduled repayment plan - which is what they have (and have full legal recourse) to reflect on your CR with CRAs.

Sorry, I know its not what you want to hear - but such are the facts I am afraid.

You gave them a run, had some success, and I would say now its time to put it to bed, get on with your life .... and enjoy the long weekend !!

Hope this helps

Holly x

jon142

It's also worth noteing with this,

The reason Santander requested payment back of the Overdraft was because of the Test Case that went to court about bank charges.

Santander were charging 50p a day capped at £20 a month i think or something.

Personally i want them to remove any information be it AP markers or 3's.

All i can do is try. i have emailed the old ceo@santander.co.uk

Thanks.

chanz4

Its their ,pmeu at the end of the day, ap is correct. As you have accepted the resoloution wouldnt be supprised if they told you to take a jump

jon142

chanz4 wrote: »

Its their ,pmeu at the end of the day, ap is correct. As you have accepted the resoloution wouldnt be supprised if they told you to take a jump

As previously stated tho, its the banks decision if they choose to they have the option to HELP me and not put it on, ive not had a single problem obtaining credit with the AP marks tho.

Infact M&S Money have just increased my limit and given me a 12months 0% BT offer.

Feels good to take on a bank and win with the ombudsman, I can tell you that for sure!

stclair

Its standard practice normally for an AP to registered with the CRAs for an unpaid overdraft when a repayment arrangement has been put in place.