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Overdrawn current account default date

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  • Overdrawn current account default date

    I’m looking for some help and hoping that recounting my situation might prompt some advice, or at least more informed view than my own.

    I recently applied for a mortgage and was declined due to, what I found to be, a default on my credit record relating to 2017. I had an old bank account with Nationwide, opened in 1990, that I had stopped using as my main account many years ago. I moved home in 2012 but did not notify the bank of my change of address. I had some payments going through but thought I’d stopped using it entirely in 2013 and it was in credit. Unfortunately an old legacy National Trust direct debit (from 1992) remained and kept charging the account until it went into overdraft in 2015. The account had a £1700 overdraft limit so there was no default. However in early 2015 the new occupants of my old address had returned my statements informing the Nationwide that I was not at this address and with no information on any new address. Nationwide then recorded me as a ‘no trace’ and stopped sending statements. They did however continue to allow the NT direct debits to draw from the account for 2 more years. Nationwide maintain they reviewed the limit on my overdraft every 6 months but saw no reason to reduce it - even though I was a ‘no trace’, and no funds had been deposited since 2013. Eventually in 2017 they arbitrarily decided, with an overdrawn balance of £280, to reduce the overdraft limit to £250 and call a default. Clearly they then tried to contact me at my old address without success. The default was registered at £280 in Oct 2017.

    Only in 2021 did I discover the default on my credit record and it has left me unable to obtain a mortgage. My credit record is otherwise 100% fine. I know I was remiss in not reporting my changed address it was an oversight and not deliberate) but the consequences seem disproportionately massive for me and my credit record, and seem not to truly reflect the amount and default date. Surely there was some onus on Nationwide to reduce the overdraft earlier, at least when I was found as a ‘no trace’ and not being sent statements (and therefore implicitly not aware of the debits on the account). This would have led to an earlier default at a lower amount, with significantly better ramifications for me (lower amount, earlier date). Instead it appears that default was seemingly arbitrarily called in 2017. I argued my case with Nationwide but they have stated they ‘followed their process’. I have no idea what else to do here - it feels unjust, with surely some onus on the Nationwide to act with some duty of care? (Surely overdraft could have been proactively removed in 2015 on ‘no trace’ and the default called then?)

    Any thoughts very gratefully received. Otherwise I’m sat unable to get a mainstream mortgage and move house until 2023!
    Tags: None

  • #2
    Hi Breba1

    When did you complain to Nationwide?

    If you have received a final response from Nationwide, then you can lodge a complaint with the FOS, provide you do it within the time limits.

    https://www.financial-ombudsman.org.uk/

    As an example, an actual case they looked into -

    https://www.financial-ombudsman.org....DRN6117097.pdf

    Comment


    • #3
      Thanks Echat11
      I have referred this to the Financial Ombudsman. Their response was that the Nationwide had followed their process and they are under no obligation to take any action on a no trace. I am currently undergoing a review process with them but I am not optimistic. If that route was to be unsuccessful is there any other recourse? As a principle I believe there should be some duty of care on the part of a bank managing an overdraft, specifically in this instance on determining a ‘no trace’ just stopping sending statements, but continuing to allow legacy direct debit charges seems inappropriate?

      Comment


      • #4
        I would go through the FCA's BCOBS, against what you believe Nationwide has done wrong. Also go through their T & C's.

        https://www.handbook.fca.org.uk/handbook/BCOBS.pdf

        From memory you can take legal action under BCOBS.

        https://www.bbc.co.uk/news/business-19511542

        What stands out is 'the post being sent back to them', but them doing nothing at that point.

        Comment


        • #5
          Thanks Echat11, this is fabulous (although 152 pages long!?)

          This appears to identify a general duty of care for a bank (beyond Ts&Cs and process) in dealing with its customers. which I have not seen identified anywhere else. My conversations to date have entirely placed the onus on me, with it being argued repeatedly that the bank’s obligation is only to follow process with no duty of care beyond that.

          On the specifics of my grievance - that all they did when I was found to be a ‘no trace’ was to cancel statements, but carried on allowing charges - the Banking Conduct of Business Sourcebook (BCOBS) states that statements can only be stopped if the customer ‘is not resident at the address last known and it is not practicable after reasonable inquiry to ascertain their address’. Key here is ‘reasonable inquiry’ - no further inquiries were made for two more years (with the overdraft racking up). This appears to me to be the specific point on which I could potentially rely, albeit that the general duty of care should also kick in.

          From the BBC article it appears that the Financial Ombudsman may not reference obligations under the BCOBS in their considerations, but it does appear to give me alternative recourse through the small claims courts (though I may struggle to objectively quantify any claim?!)

          Thank you.

          Comment


          • #6
            Originally posted by brera1 View Post
            Thanks Echat11, this is fabulous (although 152 pages long!?)

            This appears to identify a general duty of care for a bank (beyond Ts&Cs and process) in dealing with its customers. which I have not seen identified anywhere else. My conversations to date have entirely placed the onus on me, with it being argued repeatedly that the bank’s obligation is only to follow process with no duty of care beyond that.

            On the specifics of my grievance - that all they did when I was found to be a ‘no trace’ was to cancel statements, but carried on allowing charges - the Banking Conduct of Business Sourcebook (BCOBS) states that statements can only be stopped if the customer ‘is not resident at the address last known and it is not practicable after reasonable inquiry to ascertain their address’. Key here is ‘reasonable inquiry’ - no further inquiries were made for two more years (with the overdraft racking up). This appears to me to be the specific point on which I could potentially rely, albeit that the general duty of care should also kick in.

            From the BBC article it appears that the Financial Ombudsman may not reference obligations under the BCOBS in their considerations, but it does appear to give me alternative recourse through the small claims courts (though I may struggle to objectively quantify any claim?!)

            Thank you.
            R0b Can you please take a look and advise, many thanks.

            Comment


            • #7
              Just following up on the above with an update.

              I lodged my original grievance with the financial ombudsman in March 2020. They investigated and reached an initial conclusion in November 2020 finding in favour of Nationwide. Armed with the BCOBS information provided above I appealed this decision - citing the fact of stopping statements (without investigating the no trace) and continuing to charge the account. The ombudsman agreed to review. I have subsequently chased them in early January, and they have just reverted to me saying they are still investigating and are awaiting further information from the Nationwide. I am becoming increasingly frustrated as this review has now been ongoing for 10 months, all whilst I am unable to obtain a mortgage.

              i feel I should now take the option of pursuing this through the small claims courts. My reservation here is understanding what my claim should be for? When I originally applied for my mortgage it was a remortgage putting my property into joint names with my wife. It was at a time when there was a stamp duty holiday. Would it be reasonable to make a claim for the amount of stamp duty it would cost me today to remortgage on the exact same basis (which would be several thousands of pounds of stamp duty to pay?)

              thanks for any thoughts

              Comment


              • #8
                I think you need to hang on just a bit longer, the FOS will get frustrated with Nationwide if they don't comply.

                Comment


                • #9
                  An update. Progress!

                  The financial ombudsman has finally, after a further review, just come back and their preliminary judgement has found in my favour. Essentially they have concluded that Nationwide should have done more to trace me in 2015 when I was determined a ‘no trace’. They also specifically reference the fact that Nationwide did not comply with BCOBS 4.2.1 in not making reasonable inquiry before stopping statements. Nationwide appears to have argued that it was not entirely their fault as the whole situation could have been avoided if I had updated my contact details.

                  With all this in mind, the FO concludes that he will propose that Nationwide amends my credit file to remove the default, and compensates me £350 for ‘distress and inconvenience’. Given that this has taken 18 months to conclude, and the stamp duty alone I would now have to pay to complete the original mortgage (and I’d no longer get anywhere near such good rates) as originally applied for would be in excess of £10k (the original application had been when there was a stamp duty holiday), together with all the associated inconvenience/distress of not being able to access a mortgage, not only do I feel that this proposed compensation is inappropriate for me, but I strongly feel that Nationwide should be suffering a wholly more proportionate penalty for breaching BCOBS. And for repeatedly denying my claim in such a dismissive manner.

                  I understand I may have alternative recourse to the courts for the BCOBS breach. Does anyone have views as to whether I should just take this route? (I am no longer in a hurry for my credit record to be amended - the default has been on my record for 5 years and will naturally fall away in October 2023) or should I just accept this progress?

                  many thanks

                  Comment

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