Help with this account

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I am really looking for some help.

I recently changed addresses (April 2017) and told my bank (Santander). Unbeknown to myself I my regular payments were not going in to the account and the account was going over its overdraft (ended up at approx £105 over the overdraft).

As they didn't update my address they were sending me letters but I wasn't getting them. They tried to contact me a few times via phone - but not as much as I would think there was a problem, and not once did they leave a voicemail. I did try to call the number back but the automated system said the bank tried to call me and they would try again. So I presumed this was a sales call.

About a month ago one of my creditors sues-ended my credit file so I checked my credit file. Please see below which will explain how the bank has reported my history.

I have complained and they have said they are unable to locate my call. I have practically begged them to remove the late payments but they have refused.

It is worth noting they took the overdraft off me which resulted in the arrears. Since then I have paid the overdraft off and closed the account.

What I have a problem with is the late payments. I am arguing that I do not have an agreement to fund them payments - and if I did they have added it to my account anyway - basically I am saying it's not like a credit card where I haven't made the minimum payment so how can I be in arrears.

I have really made an effort to sort this once I found out about the problem, clearing the balance and overdraft within three days. Now I am asking them to help me they are refusing. He said that I should report it to equitable if I have a problem with how they are reporting the data THEY provide.

I am really looking for some help. This is the only negative on my credit file. I know I can create a notice of correction on my file explaining I changed my address but they didn't update their records which resulted in me not receiving their letters, but (obviously) I'd rather it be removed completely.

I am considering going to the FO and reporting it to the ICO but really not sure what their decision would be.

Can anyone offer any suggestions?

Thanks

http://imgur.com/a/mJUun
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  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    wizzywig27 wrote: »

    What I have a problem with is the late payments. I am arguing that I do not have an agreement to fund them payments - and if I did they have added it to my account anyway - basically I am saying it's not like a credit card where I haven't made the minimum payment so how can I be in arrears.

    If they removed the overdraft, but you remained overdrawn, then you would be in arrears, as payment was due immediately.
  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
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    Can you prove you told the bank of your change of address?

    Give up on the argument that you didn't agree to the charges. You'll have done this in the agreement when you opened the account.
  • wizzywig27
    wizzywig27 Posts: 1,536 Forumite
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    If they removed the overdraft, but you remained overdrawn, then you would be in arrears, as payment was due immediately.

    I understand that but there is the whole history behind this, for example the address change. The fact when I did notice I paid it off within three days etc etc
  • wizzywig27
    wizzywig27 Posts: 1,536 Forumite
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    Can you prove you told the bank of your change of address?

    Give up on the argument that you didn't agree to the charges. You'll have done this in the agreement when you opened the account.

    No as it was back in April to the freephone number.

    I'm not complaining about the charges, did you read my post fully?
  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
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    wizzywig27 wrote: »
    No as it was back in April to the freephone number.

    I'm not complaining about the charges, did you read my post fully?

    I did. You state:
    I am arguing that I do not have an agreement to fund them payments - and if I did they have added it to my account anyway - basically I am saying it's not like a credit card where I haven't made the minimum payment so how can I be in arrears.

    It's a non argument.

    If you cannot evidence that you contacted the bank, there is nothing the FOS or ICO can do for you. Do freephone numbers not show up on your phonebill? Do you know who you spoke to? I always make a note of any important calls in my diary.
  • cjmillsnun
    cjmillsnun Posts: 615 Forumite
    edited 21 August 2017 at 6:45PM
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    The overdraft facility is at the whim of the bank. They have the right to withdraw it at any time. putting you immediately into arrears. I suspect that anyone you complain to will reject the complaint as you cannot prove you made the change of address.

    It may be worth asking the phone company to provide you with an itemised list of calls (all numbers) in April. If you can show the date you contacted them, it may help them find the tape...
    2.88 kWp System, SE Facing, 30 Degree Pitch, 12 x 240W Conergy Panels, Samil Solar River Inverter, Havant, Hampshire. Installed July 2012, acquired by me on purchase of house in August 2017
  • wizzywig27
    wizzywig27 Posts: 1,536 Forumite
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    I did. You state:



    It's a non argument.

    If you cannot evidence that you contacted the bank, there is nothing the FOS or ICO can do for you. Do freephone numbers not show up on your phonebill? Do you know who you spoke to? I always make a note of any important calls in my diary.

    No, afraid only chargeable calls show up. I did not take note of the person I spoke to either. I didn't for my other accounts and they managed to do correctly.
  • wizzywig27
    wizzywig27 Posts: 1,536 Forumite
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    cjmillsnun wrote: »
    The overdraft facility is at the whim of the bank. They have the right to withdraw it at any time. putting you immediately into arrears. I suspect that anyone you complain to will reject the complaint.

    I appreciate that, and like I say it's now paid off. Like I say if they updated my address and I received nofitifactions I would not have let it go to the state it did.
  • cjmillsnun
    cjmillsnun Posts: 615 Forumite
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    Please see my edit...
    2.88 kWp System, SE Facing, 30 Degree Pitch, 12 x 240W Conergy Panels, Samil Solar River Inverter, Havant, Hampshire. Installed July 2012, acquired by me on purchase of house in August 2017
  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
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    wizzywig27 wrote: »
    No, afraid only chargeable calls show up. I did not take note of the person I spoke to either. I didn't for my other accounts and they managed to do correctly.

    You need to find something to support your position. They can see if anyone accessed your account information, so on their side they are satisfied no wrongdoing has occurred.

    And keep better records in the future. You may never need them, but if you do it wil inevitably be for something very important.
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