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Defaults

Newbie, so be gentle please:D

I got into some difficulties a few years ago, long story but something which was difficult to avoid.

Anyhow, I had a couple of bank accounts with overdrafts etc..

Bank Charges were piling onto the accounts on a monthly basis even after I had requested, on several occassions, that DD's were cancelled and I would reach a temporary arrangement with each company, it took ages for this to be done.

Another issue was that I wasn't forceful enough at the time.

I was paying monthly amounts but the debts were then passed/sold onto other companies.

On one occassion, I was being harassed by 2 seperate companies for the same debt!!

I eventually came to an agreement on an amount for each debt and paid this.

When I checked my credit file, it appears that I have been given a Default for these. I have written to the Bank asking for copies of the original letters which they supplied and also requesting a breakdown of the amounts Defaulted (my arguement being that if the charges were incorrect, the amount of the Default was also incorrect).

They have replied saying that they do not have copies of the letters but stand by their decision to Default. What I don't understand is that the debt had already been sold on (according to the dates on my Credit File) and I had written to the Bank to have clarification of who has issued the Default. They say it was them but cannot support it.

I have also asked them for their procedure of how and when they notify of a Default, they cannot provide this either.

My aim is to have the Defaults removed. Not sure where to go with this, any help would be appreciated.

Comments

  • MissMuppet
    MissMuppet Posts: 1,106 Forumite
    Sorry I can't really help with your question, but wanted to say welcome to the board! :)
  • lemma1968
    lemma1968 Posts: 1,379 Forumite
    You need to do a S.A.R - subject request request. By law they then have 40 days to produce all action on your account incl default notices and details of all bank charges, how and when incurred etc dates done and by whom. That costs £10 (a set statutory fee).

    You may have to provide evidence of I.D for it but if they do not produce it you report them to the Information Commissioner - they do not much like that.

    I shall try and find you a template for that.
    2013 TARGET £30k
    2012 £26500 paid off.
    2011 £22750 paid off
    2010 £19800 paid off
    2009 MBNA Cleared 25.09.09 £34391.33 PAID OFF
    DFW Nerd 612 Proud to be dealing with my debts
  • lemma1968
    lemma1968 Posts: 1,379 Forumite
    Here you go:

    https://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

    I would add in a sentence saying that such information should include details of all defaults and by whom.

    HTH
    2013 TARGET £30k
    2012 £26500 paid off.
    2011 £22750 paid off
    2010 £19800 paid off
    2009 MBNA Cleared 25.09.09 £34391.33 PAID OFF
    DFW Nerd 612 Proud to be dealing with my debts
  • mornsy
    mornsy Posts: 6 Forumite
    MissMuppet wrote: »
    Sorry I can't really help with your question, but wanted to say welcome to the board! :)


    Hi Miss, thanks for the welcome
  • mornsy
    mornsy Posts: 6 Forumite
    lemma1968 wrote: »
    Here you go:

    www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

    I would add in a sentence saying that such information should include details of all defaults and by whom.

    HTH

    Thanks lemma1968.

    Already suggested this as such and they have already admitted, in writing, that they cannot provide copies of the original letters.

    I will formalise it and write again as you suggest


    Many thanks
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