Default on credit file, help needed

squirrel58

Hi to all of you,first of all can I say how good this site is,so much info and advice. Back to my problem.
i have just found out that I have a default on my file, it was filed by either the Halifax BAnk or wescot DRA, the details are as follows , left my other half in 2008, was told by her that she'd closed our joint account,but in fact I have just found out that she only removed her name,and consequently the account went overdrawn by £33, now there is a balance of -£347 and wescot want it paying.
Halifax sold debt to wescot on 13/12/2011, date of default on my credit file is 16/12/2011. I have no recollection of receiving any paperwork relating to this,as my ex didn't even know where I was living as to pass on any address to anyone.

How would I proceed with trying to get this default removed ? Any suggestions would be appreciated

rizla_king

Don't think you will have much luck I'm sorry to say. If you want an account closed it is your responsibility to check and make sure it is done.

McKneff

Very little chance, they only remove them if they have made the error and it doesn't sound as if they have.
You will have to ride it out for six years from the default date I';m afraid.

McKneff

I would ask at the bank how she could remove her name.
It usually takes both signators signing to remove a name or a closure of the account


Might be worth a try taking that route.

squirrel58

McKneff wrote: »

I would ask at the bank how she could remove her name.
It usually takes both signators signing to remove a name or a closure of the account


Might be worth a try taking that route.

Many thanks for the info,will ask about that

happy_bunny_2

Also, when did it go overdrawn? Default dates are funny with current accounts but several years isn't really accurate and you could complain about that.

If you need statements etc, ask the bank or send a SAR if they try and charge you more than a tenner.

squirrel58

happy_bunny wrote: »

Also, when did it go overdrawn? Default dates are funny with current accounts but several years isn't really accurate and you could complain about that.

If you need statements etc, ask the bank or send a SAR if they try and charge you more than a tenner.

Hi, I sent my sar request yesterday,but I have copies of the statements now,ex took her name off in oct 2009,left the account with a couple of pound in it, halifax then honoured 2 direct debits causing it to go overdrawn by £33 in the following 2 months,then halifax sold the debt to wescot dec 2011 with a balance of -£347, debt has now gone back to halifax as wescot didn't have any contact details for me

thecassman86

I'm not certain but I think Halifax updated their joint account T&C's to match those of the rest of the Lloyds Banking Group, to which Halifax are part of.

From that change, provided the account is in credit, either party can add or remove another holder's name without the other one signing for it. It also meant that you didn't need both people's signatures to authorize new Direct Debits etc.

From that, i think your OH was in the right to remove her name from the account and the fact that the direct debits authorized after then was as much your responsibility as hers.

I'm afraid, as the sole owner of that account (now) you are responsible for the debt.

It's harsh in your case, perhaps Halifax will be understanding in the circumstances, but i don't think they have an obligation to be. Talk to them and see what happens.

happy_bunny_2

You could argue is during a default 2 years or more after going overdrawn is too long. I would be. If you can get the default backdated then it will be gone sooner.

SAR should show what attempt they made to contact you etc, you probably want to complain before that arrives though to get the ball rolling.

In writing.

Good luck

HB