Incorrect credit card info on credit file help needed

tezzah

Hi all. Sorry if this has been asked before. I have a problem. I have a debt with a Halifax credit card. I have never disputed this, in fact i had an agreement to pay them a fixed monthly amount. They wrote to me telling me that the agreement had come to an end, i stated that i still was not in a position to pay much more but did increase the monthly payment. I wrote to tham and in that letter i advised them that i had changed address. They replied (to the old address) so i wrote to tehm again and advised them of my new address. After that i heard no more and continued paying the monthly sum which i thought had been agreed as i heard nothing more from them. What had actually happened was that they had written to me at the old address and then registered a default on my credit files at the old address. This only came to light recently. I have written to them asking them to remove the default information as i had no opportunity to deal with it plaus they ignored my change of address notice. They now claim that they do not have to amend the file as it was legally entered onto my file plus i didn't fill out an 'official' change of address form (which i couldn't have as it would have been sent to the wrong address). I do not dispute the mount owed howefer i feel that the default notice shoule be removed. I have been advised that it may constitute libel. Can anyone advise me what i could/should do next?

tripled

You could either try registering a dispute with the credit reference agency or perhaps a complaint to the ombudsman. I'm not sure how you thought Halifax not replying meant you had an agreement with them though, and I odn't fancy your chances of success.

As for libel, you defaulted, therefore it's not untrue so isn't libel.

tezzah

Thanks for the reply tripled. I see your point re libel. My concern is that they ignored my letters stating i had moved. A point i forgot to mention was that i had a telephone conversation with them and they stated that the agreement was fine, so much so that they have acknowledged it in the letter they wrote to me yesterday where they stated this. Even on the credit files it shows a payment plan in place. I'm going to try the ombusdman first as this is completly unfair. Banks shouldn't be allowed to regsiter defaults etc against people when they know they have moved home. How are we supposed to know what is going on when we write to them in good faith and they ignore it, some could say this was intentional on thier part.

Tootsie_Roll

tezzah

You only have to miss part of one payment for your account to be in default. So irrespective of any arrangement you had (or thought you had) the default is still valid and correct.

tezzah

Thanks Tootsie. Hmmm, i didn't miss any payments, i continued paying what i honestly thought was the amount agreed. I think i could also argue that the amount they claim i deafulted on is incorrect as they haven't taken into account the monthly payment i was making.

Whislt a agree that missing a payment etc can be a default, in my opinion i didn't default and secondly, had i known that i would have placed myself in a position that would have caused the default i would have acted. I never received any statements stating that there were arrears, they didn't change my address, totally unfair imho.

Tootsie_Roll

tezzah wrote: »

Thanks Tootsie. Hmmm, i didn't miss any payments, i continued paying what i honestly thought was the amount agreed. I think i could also argue that the amount they claim i deafulted on is incorrect as they haven't taken into account the monthly payment i was making.

Whislt a agree that missing a payment etc can be a default, in my opinion i didn't default and secondly, had i known that i would have placed myself in a position that would have caused the default i would have acted. I never received any statements stating that there were arrears, they didn't change my address, totally unfair imho.

The way I read your post - and please correct me if I'm wrong - is that you were on an agreed payment plan less than your normal full monthly repayment. If this is the case then you have defaulted on your original agreement even if you have agreed to make reduced payments with the lender. It does not change the terms and conditions of the original loan/credit card agreement.

tezzah

An update!!!

I telephoned the bank (HBOS) and asked why they hadn't replied to the last 2 letters i sent them. They called me back and said the default was issued legally because i hadn't met the minimum payment however they admitted that they had not written to me at the correct address. I said it made no difference, the default wasn't issued to me. The upshot.

They are removing the default notice with immediate effect.

I then stated that i had lost out financially as a result of this default in that i couldn't get the cheaper remortgage we wanted. I said i wanted £1000 compensation.

They gave me £500 and basically the interest accrued since the increase in payments went through (without my knowledge hence this problem).

A total of just under £800 for standing my ground and a default free credit file.

I guess it pays to argue your point against these banks.

:beer: