Help me please getting nowhere :(:(:(

[charlene123]

Hello
Were too start, my husband had an old bank account with the Abby national and had a very basic visa electron card this card did no t allow you too even spend a penny if u did not have it in your account.

When Santander took over they upgraded the cards too a visa debit card wich was meant too have the same facilities as the electron card. We moved houses changed our address with them and eventually my husband got a letter saying he was over drawn by £127.00 with charges the official amount was for £27.00

My husband was trying too figure out what it was for, we checked his credit report and they have defaulted him, we have no idea why they allowed him too overdrawn in the first place and we are arguing the point with them that we have also never received a default notice from them, my husband has put a notice of correction on his credit file as this is the only thing he has.

I have asked for a copy of the default notice they sent but the complaints department don't have a copy of it as it is from soo long ago nearly 2 years in February ? I am arguing with them over this what do you advise as they have been so unhelpfull? I want this removed urgently

Any help is much appreciated

[Lord_Alcohol]

Re: Help me please getting nowhere

Hi Charlene

Probably the first thing to do is make a Subject Access Request (SAR) under the Data Protection Act. Santander will probably have an address on their website to which you send your request. A fee is required (no more than £10). This will give you the info you need to make an informed decision about what to do next.

Note that a default notice is not required to register a default - the ICO does require that that the borrower is notified in a 'notice of intent' to file a default, giving 28 days' warning. These notices are often included within a default notice but they do not have to be.

HTH
LA

[charlene123]

Re: Help me please getting nowhere

Hello
Thank you very much for replying, what we done was got a copy of everything they had and they sent it to our current address it has been twice moved since the £27.00 overdrawn issued happened, My husband changed address with Santander twice but they claim they never updated the records, my point to them was if they never added on £100 of charges he would of paid the £27.00 overdrawn anyway which would not of resulted in the debt defaulting, he has sent a complaint off too the fos but that can take months 12 weeks at the moment, I feel like we're clutching at straws right now but a default is a default no matter what ,

thank you

[enquirer]

Re: Help me please getting nowhere

... since the £27.00 overdrawn issued happened ...

So the £27.00 is genuine?

My husband changed address with Santander twice but they claim they never updated the records

Where is this stated? Letter, telephone, email?

[Lord_Alcohol]

Re: Help me please getting nowhere

Hi again Charlene

Yes it's all really horrible - banks are dishing out defaults willy nilly and it is hard, but not impossible, to get them removed.

The bank must give notice of its intent to file a default - if you can SAR them then the dates and address they sent it to should become clear. If they haven't sent this then you have good prospects for the default to be removed.

It might also be that, if the default is caused by charges, they may consider removing it. It sounds like some charges accumulated, caused an unauthorised overdraft and, in consequence, the bank defaulted your husband. This is typical of all the banks - IMO underhand, shoddy and disgraceful - but worth sending a polite letter to ask them to remove it.

If you can find any evidence of unfairness in the way that the default was recorded then it costs nothing to make a complaint to the ICO, which takes a while but can help. If the ICO agree with you then it should be easier to get the default removed.

There are some things that you could do, all of which will take time, but as it was such a small amount and the time it stays on your husbands file so long it is probably worth some effort. BTW, asking for a document 2 years old is not something that the bank should have difficulty in supplying - if it was over 6 years old that would be different, but 2 should not be an issue. Anyway, a SAR request would resolve all this.

LA