Unauthorised overdraft charges fairness

elmobug

Trying to find out from all sources wether they can default you on charges they placed onto your account putting it over the limit, and also if they did the default in the correct way as i did not recieve any warning, just paid all monies back, in totall £1100.00 in charges as well as the originall £150 OD.

innovate

elmobug wrote: »

Trying to find out from all sources wether they can default you on charges they placed onto your account putting it over the limit.

Of course they can, why should they not be able to?

elmobug

Do bank charges come under the credit act? if you personnelly havnt broke the agreement, and what about different dates given and shown for default can this be argued

Hominu

elmobug wrote: »

Do bank charges come under the credit act? if you personnelly havnt broke the agreement, and what about different dates given and shown for default can this be argued

You failed to leave sufficient funds in the account to pay for bank charges, so when the charges were taken you went into an overdraft and incurred further charges.

100% your fault. Not the banks.

holly_hobby

Bank charges and accounts don't come under the CCA - but overdrafts do (with part V exemption) - so any default notices must strictly adhere to the regs.

You say that you were not advised, or did not recieve any default notice (which must give you a minimum of 14 days from service to remedy the clearly defined default to contractual terms).

You have however settled the default - so having this retrospectively removed will be difficult, as there is no push for the firm to do so, given that you have already paid them.

If you believe the serving of the default did not meet the clearly prescribed terms and you can prove the bank had your correct address etc, gather your evidence as to why you believe the default should be removed , and submit this to the firm (Data Protection Officer), if they refuse to remove the default with CRAs or accept your argument (if it is accurate !) , then your only route would be via the courts (FOS will not deal with this issue, as they are unable to make judicial direction).

Hope this helps

Holly

elmobug

Hi holly thanks for your positive reply. been in touch with FOS, not a lot of help also with the Financial ombudsman who have written to Halifax just waiting for Halifax to reply. Also contacted OFT who i had to email details of my case. Again waiting for a response. On reading alot of threads on here seems persistanse is the key and getting Halifax to produce something factual, which they have not been able to do as yet. One thread said about asking the courts to force them to produce supporting letters etc under the civil proceedings act as apposed to the CCA. Halifax have said they cant provide anything in letter form as they dont have it TUT TUT. When i recieved bank statements with my SAR reques,t doesnt even show default on there either not even a default charge. They say i entered into a debt management plan with them on my credit report, again no evidence provided when i requested info. Surely when you enter into that, interest should be frozen to enable what you pay to reduce the balance. Yet during the period they claim this DMP was in place they where still charging interest on top of interest meaning what i was paying in was automatically being wiped out in charges.

elmobug

As for the default previously mentioned, no notice of intention, no termination letter , no default notice and when i asked Halifax they couldnt tell me what part of the cca they had served default under. They tell me default was served Oct 2010 yet on my credit file it shows it as March 2011. When i asked experian about the date of default, they tell me that is the default date halifax gave them!

holly_hobby

FOS and the Financial Ombudsman are one and the same.

A SAR (£10 - firm has 40 days to reply), will provide all documents, statements, etc and any auditory recordings in relation to the account.

The bank won't prob have a copy of the actual default notice for your acct (as they are issued on runs), but in court proceedings they may provide a specimen of the library document from the time your DN was issued. To which the Judge will usually accept this document would have been the same as issued to you (albeit populated with your specific name, address, account and default details).

Yes interest is normally suspended if under dispute, or under a payment arrangement plan - but there is no law saying it has to be AFAIK, just OFT guidelines - which are just that guidelines (which to be fair most firms do choose to adhere to).

The bods on the phone won't know under what section of the CCA the DN was issued, but it would have been under s87(1), IF issued on the basis of your breach of OD t&cs (ie exceeding authorised limits).

I don't know why all this was not raised before you settled the default ?

Have you submitted a formal complaint regarding this - what was its basis ?

If so, what did they respond with ?

Civil Procedure Regs Pt 13 - is in respect of setting aside of judgement (which is your next call if the firm refuses to remove the default for your records with the CRAs), have a read ... http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

Hope this helps

Holly

elmobug

Hi Holly see if you can get your head round this one. Recieved letter off Halifax today stating they cant provide me with a true certified copy of default that was sent to me on the 24th sept 2010. Then says when it was passed to recoveries on the 28th march 2011 a default was placed on my credit file. Yet with experian the date is the 24th march 2011. You can only have one default date surely. Already requested and recieved SAR no mention of default anywhere not even on statements i requested.

elmobug

Didnt raise these issues before i paid the default off as i didnt know i had default, i just paid back what i owed and now all this has come about. I guess im on a mission to get rid of default.