Bank has no record of sending Default Notice.

Yorkshire_Ollie

Hello all,

I have been in process of trying to get a default removed from my account placed in 2009 when I was made redundant and fell behind on my re-payments. Firstly I would like to explain that I understand defaults are there for a reason and debt is very serious, however I was managing to pay some money a month to the bank (all of my job seekers allowance) yet they still felt the need to serve a default notice.

I only found out about the default in the last couple of years and I didn't even know what a default was!

I never, repeat NEVER received any information regarding a default and after reading up about this I have sent several letters back and forth to the bank and they have finally said the do not have a record of the original default notice or any other letters for that matter and are saying they have no need to send me such letters even if they did.

From researching this, I disagree and I believe I'm in my rights to take this matter to the next level. Should I contact CRA's interdependently now with a copy of said letter?

matttye

If you were paying less than the minimum amount each month, they had every right to default you.

That said, there is a protocol to be followed and, if the bank didn't follow it or can't provide evidence that they did follow it, then the default should be removed.

The Data Protection Act allows a data subject (you) the right to request all data held about them by a company, so the bank are obliged to send you a copy of any data they hold about you by law.

You should write back to the bank making an official complaint and informing them that, as they did not follow protocol by failing to issue you with a default notice, you will be complaining to the financial ombudsman and office of fair trading in eight weeks unless they remove the default.