Ombudsman Verdict

Richey33

Hello All,

Absolutely gutted.

Since September 2013, been challenging Bank of Scotland (trading as Halifax) regarding a default which was placed on my account in Oct 2009. I discovered this default with a credit check on September 4th 2013.

Having kept all the banking files relation to this situation, I was never sent a default notice/letter relating to the loan account I had with Halifax.

I challenged this situation with the Ombudsman, stating truthfully that no such default notice/letter had been received by me.

Got the decision last night via email, and the Ombudsman has sided totally with the bank. Gutted isn't the word really. I feel like I've been made to look a liar, which I am certainly not.

The fight goes on, but what a setback. :-(

BugsyBrowne

Richey33 wrote: »

Hello All,

Absolutely gutted.

Since September 2013, been challenging Bank of Scotland (trading as Halifax) regarding a default which was placed on my account in Oct 2009. I discovered this default with a credit check on September 4th 2013.

Having kept all the banking files relation to this situation, I was never sent a default notice/letter relating to the loan account I had with Halifax.

I challenged this situation with the Ombudsman, stating truthfully that no such default notice/letter had been received by me.

Got the decision last night via email, and the Ombudsman has sided totally with the bank. Gutted isn't the word really. I feel like I've been made to look a liar, which I am certainly not.

The fight goes on, but what a setback. :-(

Did you have a loan and did you pay it back within the T&C's Yes or No?

Richey33

Hi,

Yes it was a loan, and no, the loan was paid off following difficulties.

But I genuinely did not receive any notice of the default.

Thrugelmir

Your credit file is a true reflection though. As appears that you weren't in a position to meet the contractual payments.

Richey33

There were difficulties, without a doubt, but I remain troubled that Halifax did not at least should have informed me of the default.

The bank and the ombudsman state in a very direct fashion that a letter was sent to me on 7th July 2009 informing me of the default. I received no letters at all from Halifax around this time.

Big :-((((((

BugsyBrowne

Richey33 wrote: »

Hi,

Yes it was a loan, and no, the loan was paid off following difficulties.

But I genuinely did not receive any notice of the default.

I would seriously move on as that default won't get removed.I never knew that a company sent out default notices I thought it was always the company that bought the debt that sent them out.

Could be wrong though'

Richey33

I take your point but I do feel compelled to fight on...

My complaint has been handled very poorly. Halifax have sent me a cheques for £75 to cover my 'costs'.....

BugsyBrowne

Richey33 wrote: »

I take your point but I do feel compelled to fight on...

My complaint has been handled very poorly. Halifax have sent me a cheques for £75 to cover my 'costs'.....

I take your point but I'm kind of thinking you don't realise that defaults are a true reflection of ones credit history whether you received a letter or not.

If defaults were this easy to remove by saying no one received their default letter then credit reports would be pretty worthless.

You were at fault for not keeping to the T&C's of the loan yet you seem to be taking your frustration out on the bank that were good enough to lend you the money.

McKneff

You're fighting a losing battle, move on, accept it was your fault and get on with the rest of your life.
You must have been aware that a default was looming.


You'll feel better for it.

antonic

You need to remember that by law, a letter is deemed to have been received 2 days after it was posted, even if you didnt get it.

Also as other have said, your credit file is a reflection of your financial status, if you had a loan and defaulted on it, a default should be registered, even if you pay it off subsequently.

the_insider

If you had received the notice in 2009 would you have been able to clear the arrears, bring the loan up to date and maintain it within the T&Cs until it was repaid in full? The point of the notice is to give you the opportunity to do that, if you could do it the bank would expect it to be done whether you received the notice or not, if you couldn't then it doesn't matter if the piece of paper didn't drop through the door because you were in default of the agreement.