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Default date dispute.

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  • Default date dispute.

    Hi everyone, I need some help please.
    This has been going on for a couple of years now and I need to sort it for a mortgage application.


    A few years ago i got and Alliance & Leicester account, this had a planned overdraft of £250. I very rarely used this account and then it was only in emergencies.


    I bought something for about £150 taking it into the overdraft and i started getting charged. These charges continued to gather pace until i was bordering on the £250 limit so i phoned the bank and asked them how much i needed to pay to clear it. I payed this in full and just to be safe went into the black by about 30p.


    A few months later i checked a statement and to my shock it was now £579 overdrawn. Checking my statement it seemed that the bank had charged the overdraft charges for the previous month after i had paid it off. Having thought it was clear i didn't check any statements until this one.


    I phoned the bank and they put a stop on the account to stop any more charges accruing. Due to the fact that the bank charges test case was just about to go ahead they said to await the outcome. Obviously the test case was lost so I still had to pay!




    The default was put on my Credit File in Jun 2011. The last statement I got was from 16th Aug 08 which was when i put a stop on the account.


    The last of my transactions was on 27th Jun 07 which was my wife withdrawing £10 from the cash point at which point i was £113 overdrawn (all charges).


    The charges then built up to £189 in May 08 when they cancelled the overdraft and started charging me £5 a day.

    I had not actually made any payments into this account from about AUG 06.

    From what I understand the actual debt should be SB'd now. How can I get the default date changed to reflect the actual date I defaulted. Do I quote the ICO guidelines of;

    'The account has a debit balance (within or outside overdraft limits) but there have not been any or enough credits to service the debt for at least three months'.

    Is there a template letter that I could use?


    Please please help.


    Craig.
    Tags: None

  • #2
    Re: Default date dispute.

    If a default added to your credit file is made up solely of charges then this can be challenged.

    ICO guidelines state:

    A default should not be filed if the amount outstanding is solely made up of fees or charges

    Full pdf's can be found here regarding ICO guidance.
    http://www.legalbeagles.info/forums/...ng-2014-update

    Comment


    • #3
      Re: Default date dispute.

      It is solely charges except for the £10 my wife withdrew.

      How does this change things?

      Comment

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