SAR and Halifax default

rachy86.w

Hi guys

I am writing to Halifax re unfair default made up of unfair charges.

I have been told I need to send a SAR.

Can anyone tell me what this is please and how it will help?

Thank you x

Tixy

Its a subject accesss request under the data protection act. An example letter template is on national debtline website here - http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6 (the one which refers to the data protection act).

Basically its a request for them to send you all the information they hold about you and your account (including a full list of transactions, copies of correspondance sent etc).

Whether it will help regarding your default depends on why you feel it was unfair.

rachy86.w

Tixy, I believe my default amount was made up of unfair charges.
The account has now closed and I am making payments through a debt collectors.

Do you think in my case this SAR would help to back this up and understand at what point this happened?

Thank you

p.s. I want to add that at no point was there a threat of default etc no letters regarding threat of default.

Tixy

Bank account or credit card or something else?

Have you ever specifically written to contest the charges?

rachy86.w

Tixy wrote: »

Bank account or credit card or something else?

Have you ever specifically written to contest the charges?

It was a current account.

No I have never contested the charges.

To be honest I didn't think it was something that could be done anymore so at the time I just sucked it up.

I believe now this may not be the case...?

Tixy

I don't think you can just argue for the removal of a default because you believe the charges were unfair.

I believe you would need to argue that the charges were unfair first and then only as an extension of that possibly argue that if those charges had never been added (or were at a lower level) that the default would never have arisen - if that was the case.

In terms of the bank charges being unfair - if they resulted in you being in financial hardship then you may still have a case - there is some relevant information on this section of the forum - Reclaim Bank & Credit Card Charges and http://www.moneysavingexpert.com/reclaim/bank-charges

As this was an overdraft and not subject to the consumer credit act there is no legal requirement for the bank to have sent you a notice of intention to add a default to your credit file.
However most banks in practice do send out a letter making it clear that your overdraft is being recalled or account closed and failure to repay the balance will affect your credit file / result in the debt being passed to debt collectors etc.

National_Debtline

Hello there,

From what I understand, a default should not be placed on an account if the debt is solely made up of fees or charges. There's more info about that within this guidance (see page 7): http://www.scoronline.co.uk/files/scor/high_level_prinicples_document_final.pdf

Bank overdrafts ARE CCA regulated (though they are exempt from parts of the act, namely Part V which covers for the form and content of agreements).

Best wishes,

David @ National Debtline.

Tixy

National_Debtline wrote: »

Bank overdrafts ARE CCA regulated (though they are exempt from parts of the act, namely Part V which covers for the form and content of agreements).

Sorry David - I don't know why I wrote that like that. I meant to say they do not have a consumer credit agreement.

And that looks like a very useful link.