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bank account default legislation

Thanks for having a look at my thread.

I changed my bank in Dec 2005, after having issues with the HBOS group. I had an overdraft on an account which i totally forgot about and the bank have defaulted on a balance of £485.

I was wondering if anyone on here would know about the timescales between non payment of a bank account/overdraft and that account be defaulted. The reason I am asking this is that I stopped banking with the HBOS group in Dec 05 and yet the date that the default shows on my credit report as 4/6/2008. I am currently trying to get a mortgage and i have been correspondence with HBOS through experian for about 6 month now. this is causing me and my young family no end of problems in trying to obtain a mortgage.

Thanks and regards

Dean, Lisa and Livia xx

Comments

  • deanoyvb
    deanoyvb Posts: 8 Forumite
    anyone help me with this please??
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    after a demand to recall the od, their isn't a set period for od's
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • deanoyvb
    deanoyvb Posts: 8 Forumite
    so, 8.5 years after i stopped the bank account i will still have a default on my credit report, that is total pish :(
  • nottoolate
    nottoolate Posts: 1,359 Forumite
    deanoyvb wrote: »
    so, 8.5 years after i stopped the bank account i will still have a default on my credit report, that is total pish :(

    it is taking the pish

    read the section on overdrafts in this http://www.ico.gov.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx
  • ILW
    ILW Posts: 18,333 Forumite
    Have you cleared the overdraft yet?
  • deanoyvb
    deanoyvb Posts: 8 Forumite
    I have been in correspondence with the bank for a few month now, I have offered full payment for the account balance but the Halifax have declined.

    Thanks
  • We are having a similar problem ourselves, only ours is not a dafault but Lloyds have put on our credit file that we had an arrangment and this is stoping our mortgage company to lend us more money. If you havent paid the debt and it is still outstanding the first thing I think you need to do is pay it and close the account, it will then come up as 'settled' on your credit file.
  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    Complain that you feel the time to issue the default with no communication fron you is unfair. Send in writing, signed for.
    If they reject your complaint then take to FOS. Can be slow and no guarantees. I would think that defaulting within 6 months would be fair.

    Google ICO default guidelines and have a read
    :beer:
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