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Any views on this would be gratefully appreciated.
I have an HFC credit card and in 2006 I had a DMP with the CCCS which I came out of in 2008 when I worked abroad.
But, between 2008 and Marbles taking over the credit card in 2009, I continued making the same repayments as under the CCCS plan and the old bank never raised it or queried it.
BUT when Marbles came along they appear to have quite inexplicably added 2 moinths' worth of APs in early 2009.
No i/e sheets sent / received, no formal letters or agreement for an AP. They just plonked these on my CRFs because I was paying a reduced, fixed amount interest free.
I have repaid the full balance and the bank have now closed my account.
The result is a 6 year frozen in time credit file, with the 2x AP markers. Bank closed the account during the dipsute and without any prior notification. I have also been paying the full repayment rates and over the minimum for 2 years now.
The view the FOS have taken is that the AP markers should stay on my credit files.
The FOS have said that the closure of the account does not impact upon me at all and denies that I would benefit from the account continuing as the markers would be on for 6 years regardless. I pointed out that this was incorrect as the markers would slip off my files in less than 2 years if the account was live, whereas now this won't happen. When I said I regarded this as unfair by the bank the FOS adjudicator wasn't interestd.
The adjudicator said it has nothing to do with him ref the bank acting this way (account closure and frozen CRF entries) and he does not regtard this as unfair. He said I should go the ICO, which is not interested in fairness but only data accuracy. And its a moot point about the AP markers since in my view the bank's stupidity in accepting the reduced paymenmts for so long while I was not on an AP is entirely their failing, not mine.
The adjudicator also told me not to bother appealing to the ombudsman as she would agree with him.
He said he was under an obligation to regard "the balance of probabilities" in any case.
Question is, has anyone hadf a successful appeal to the ombudsman? Anyone any similar experiences to mine?
Am I flogging a dead horse? :deadhorse:
I should add that my CRFs show the account as "setlled." The FOS adjudicator told me today that he had spoken to the bank who have told him the account has not been closed. When I copied him in on screen prints of the CRFs he wasn't interested and kept saying that this was something I needed to raise with Experian. Equifax etc. It was their error. I pointed out that the CRAs ALWAYS respond saying that I should go back to the data owner (bank) etc etc and that this data MUST have come from MARBLES. Again, the adjudicator wasn't listening.
ooh, and b4 i forget, this adjudicator insisted on doing everything over the phone, despite my requesting updates / communication in writing.
I have an HFC credit card and in 2006 I had a DMP with the CCCS which I came out of in 2008 when I worked abroad.
But, between 2008 and Marbles taking over the credit card in 2009, I continued making the same repayments as under the CCCS plan and the old bank never raised it or queried it.
BUT when Marbles came along they appear to have quite inexplicably added 2 moinths' worth of APs in early 2009.
No i/e sheets sent / received, no formal letters or agreement for an AP. They just plonked these on my CRFs because I was paying a reduced, fixed amount interest free.
I have repaid the full balance and the bank have now closed my account.
The result is a 6 year frozen in time credit file, with the 2x AP markers. Bank closed the account during the dipsute and without any prior notification. I have also been paying the full repayment rates and over the minimum for 2 years now.
The view the FOS have taken is that the AP markers should stay on my credit files.
The FOS have said that the closure of the account does not impact upon me at all and denies that I would benefit from the account continuing as the markers would be on for 6 years regardless. I pointed out that this was incorrect as the markers would slip off my files in less than 2 years if the account was live, whereas now this won't happen. When I said I regarded this as unfair by the bank the FOS adjudicator wasn't interestd.
The adjudicator said it has nothing to do with him ref the bank acting this way (account closure and frozen CRF entries) and he does not regtard this as unfair. He said I should go the ICO, which is not interested in fairness but only data accuracy. And its a moot point about the AP markers since in my view the bank's stupidity in accepting the reduced paymenmts for so long while I was not on an AP is entirely their failing, not mine.
The adjudicator also told me not to bother appealing to the ombudsman as she would agree with him.
He said he was under an obligation to regard "the balance of probabilities" in any case.
Question is, has anyone hadf a successful appeal to the ombudsman? Anyone any similar experiences to mine?
Am I flogging a dead horse? :deadhorse:
I should add that my CRFs show the account as "setlled." The FOS adjudicator told me today that he had spoken to the bank who have told him the account has not been closed. When I copied him in on screen prints of the CRFs he wasn't interested and kept saying that this was something I needed to raise with Experian. Equifax etc. It was their error. I pointed out that the CRAs ALWAYS respond saying that I should go back to the data owner (bank) etc etc and that this data MUST have come from MARBLES. Again, the adjudicator wasn't listening.
ooh, and b4 i forget, this adjudicator insisted on doing everything over the phone, despite my requesting updates / communication in writing.
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