Unauthorised overdraft charges fairness

holly_hobby

The default notice would have given you details of the default, how to remedy it, and what would happen if you failed to remedy it within the defined period.

Following the default date passing there can sometimes be a delay to actual CRA registration - the date of the default notice and the date of registration of the default are not one and the same.

The fact here is not quibbling on a small diff to dates, but whether the registration of a default is correct or not.

This isn't just about a DN notice not being recd - the DN would have been issued following several attempts of having the OD repaid - you would have recd statements, fee notices, breach of OD notification, chasing letters ..... all followed by the DN .....

Although there are strict DN regs, it would be difficult for a Judge to accept that you had no idea of the ongoing negative balance issues, and failed to receive not one but ALL of the above notifications of the issues with your account, and indeed you did seem to be aware of the negative issues from 2010 due to you later settling the account as you say in 2011.

As I say, if you still feel this default is inappropriate - you initially deal with the lender, if they won't remove the default, you have details of the CP regs to take this forward yourself.

Hope this helps

Holly

elmobug

hi holly only thing i remember is statements as its a while ago now certainly nothing with demands etc as i went into a " manageable repayment plan " with them and as previously mentioned they still charged interest so whats the point of that. agin the dates are 6 months apart. Just writing a reply to halifax at the min as aformal complaint see what comes of that. Have you had similar experiences ?

innovate

when there was a negative balance on your statements, what did you do about it? How did your " manageable repayment plan " relate to your debt, what were the [written] terms of the " manageable repayment plan "?

elmobug

The manageabble repayment plan was to pay the debt off of £314.00
Agreed to pay £88 so a total off £344. over 4 months debt paid no prob. Wrong they added £246.00 in charges which is what led to the default going on. This has been the problem since going into negative balance. None of this was given in written form just over the phone.

holly_hobby

A manageable repayment plan means that the OD was called in and you were unable to satisfy upon demand - such are the basic terms of an OD agreement.

Thats why there is a default registration, you were unable to satisfy their request for repayment (itself usually as a result of a breach or non- credit to the account for an period).

That means the registration of the default was appropriate - the fact they gave you an agreed repayment schedule in which to repay the debt over an extended period, does not dismiss your actual breach (default) of the banks OD regs, which are as I say, do permit full payment upon demand.

I think you will have difficulty in having this set aside by a Judge (if the firm refuse), as you did not satisfy the breach within the prescribed DN time scales (as initially suggested I think), but it instead appears that you completed the repayment schedule within the agreed repayment period, which are 2 very different things.

With regards to bank charges, the fairly recent judicial review failed, but you could submit a complaint to the bank regarding them and request a refund, and see where it and your complaint re the Default registration takes you.

Hope this helps

Holly

elmobug

This is the problem at the minute as Halifax do not know what the terms where, so how can they substantiate a default when they dont even know the breach and dont even appear to know what day they defaulted me. As previously mentioned experian tell me the date of default on my credit file is the actual default date, so how can halifax tell me the default date was 6 months earlier, and then in the next sentence tell me it was 4 days before it went on cra ? confused . com or am i missing the point.

holly_hobby

ALL ODs are repayable upon demand, thats the same across the board - and Halifax OD terms will be no different.

You appear to be asking call centre bods for comment on the legality of defaults and under what section of the CCA74 they are issued under - which TBH the general bod, not dealing in adverse, won't be reqd to know (although I've advised earlier what section they are issued under).

You really need to make a formal complaint on what ever you're unhappy with, to which the bank will provide details of their actions, and any supporting evidence. (notwithstanding they may not have a copy of the DN on file, which itself won't satisfy any judicial review for removal based on previous cases ).

The dates you/they have given are confusing, but then I'm not privvy to what was said in phone conversations you held, or whats accurate recorded or not.

As I say, get your final written response from them - if they refuse to remove the default with the CRAs, I have already given you CPR13 to follow.

The rest is up to you.

Hope this helps

Holly

stclair

If you check your previous statements. There may be applied to your account for either £30 or £35 that was the few for issuing the default notice. As default notices are system generated they may not have sent you within your SAR.

Plus if your reading that a default has been applied from your credit report the CRAs also use the word default for really late or lots of missed payments it don't actually mean you have been issued with a default.

elmobug

Does anyone know where in the ico guidelines it states that a default should not be entered if it made mainly of charges? I have read it somewhere and cant find it. I know its been mentioned by others on here but when I have looked under the default guidance with the ico nothing mentions it. thanks