Credit mark from written off debt, but account stayed open.

[nemesis45]

Re: Credit mark from written off debt, but account stayed open.

Just been looking at archived CRA data ( use all 3 main agencies on the commercial level as well as personal) this particular one certainly appears to be " a clerical error" one of Satans Bank's favourite excuses.

I am still minded that Satan have sold this on in 2010.

Leads me to think a SAR may produce some interesting data.

[Nibbler]

Re: Credit mark from written off debt, but account stayed open.

With Santander many different types of cock up are possible. Could well have been sold on, where for one reason or another the buyer has failed to take over CRA the record.

[mitty68]

Re: Credit mark from written off debt, but account stayed open.

Does it particularly matter if they sold it on? It might mean a couple of extra letters for me to write, but it will still be SB?

[ncf355]

Re: Credit mark from written off debt, but account stayed open.

Yes, still SB'd regardless of how many DCA's it's gone through (based on the dates you've given us)

[nemesis45]

Re: Credit mark from written off debt, but account stayed open.

Does it particularly matter if they sold it on? It might mean a couple of extra letters for me to write, but it will still be SB?

Credit Files must be accurate and up to date, showing a true reflection of the conduct of an account, this entry fails on all points.

[mitty68]

Re: Credit mark from written off debt, but account stayed open.

Okay so not something I would usually do, but as I felt so "safe" about this, I just called Santander. The normal call centre didn't have any record of the account, but they put me through to a team that I presume deals with the old A&L accounts.

The lady I spoke to was as helpful as she could be and confirmed that the last transaction by "me" was mid 2008. I say "me" because I remember having to return a faulty monitor to ebuyer in mid 2008, and they insisted on refunding it to my now blocked A&L account (I was gutted at the time as I really could have done with that money!). I'm not sure if that is classed as a customer transaction, but the last transaction before that, that really was carried out by me was actually in March 2008. The lady couldn't confirm to me if the account was defaulted or written off - she kept switching between the two and when I asked more questions about this she said she just said it was written off in Dec 2010.

Anyway the lady explained that she couldn't personally do anything about it, but she did write an e-mail to the data quality team which I basically dictated to her, because she admitted that I seemed to be much more knowledgeable about the rules! Apparently they'll get back to me in the next 10 days, so I just have to sit and wait now.

Yes I know letters are always better, but I think this one should be okay.

[nemesis45]

Re: Credit mark from written off debt, but account stayed open.

Send a confirmation in writing noting the date and time of the call and the name of the person spoken to.

[Nibbler]

Re: Credit mark from written off debt, but account stayed open.

Yes, maybe Santander have turned over a new leaf and will sort it (not holding my breath), but you need to make sure you have everything in place should you need to go a more formal complaint route via FOS/ICO etc.

[mitty68]

Re: Credit mark from written off debt, but account stayed open.

Unfortunately I forgot to take her name, but she was very helpful and understanding and she was typing the e-mail as I dictated it (I was on the phone for over an hour).

I don't mind waiting 10 days to see how it goes because there's still 2 other issues on my credit file with other creditors, which I think will take at least 4-6 weeks to sort out. I also made sure that it was clear what further action I will be taking if it isn't resolved. If I have to go down that route I'll be seeking costs.

Thanks for your help guys and I'll update the thread when I hear more news.

[nemesis45]

Re: Credit mark from written off debt, but account stayed open.

:thumb:

[mitty68]

Re: Credit mark from written off debt, but account stayed open.

The phone calls got me nowhere, so I sent a letter earlier this week and then received a call from Santander on Friday confirming they will remove all trace from my credit files and also send a cheque for £60 compensation. :tinysmile_grin_t:

[ncf355]

Re: Credit mark from written off debt, but account stayed open.

Hmm

£60 seems very low in the way of compensation for a marker that should have been taken off your account some 6-7 months ago?

When considered in the light of recent court awards for credit damage, I'd be asking them to up the offer!

[mitty68]

Re: Credit mark from written off debt, but account stayed open.

Hmm

£60 seems very low in the way of compensation for a marker that should have been taken off your account some 6-7 months ago?

When considered in the light of recent court awards for credit damage, I'd be asking them to up the offer!

I did tell the lady that it was low because I'd been offered £100 by the Nationwide for a similar mistake. She just laughed and as my aim was to get it removed I wasn't too bothered about pushing it (plus I was in a supermarket when she called!).

It turns out that they had never actually defaulted my account, which means that it was in a bit of a grey area anyway. In my letter I told them that the FCA guidance was for defaults to be issued between 3 months and 6 months of becoming delinquent. However the rules don't apply with overdrafts and despite spending hours trawling the internet, there's no definitive answer on when they should default/terminate a delinquent overdraft. Even the FCA and ICO guidance is vague, with them saying something along the lines of "these rules don't always apply to certain types of borrowing". I guess it just comes down to fairness, because as I told them in my letter, it would be unfair for a bank to keep open an obviously delinquent account.

Ironically since it was removed from my account, my credit score on Experian has actually gone down slightly, because it has seriously reduced the average age of my accounts! Having said that, I really don't think that Experians credit scores mean anything. Equifax seems to be the one that offers a more accurate score in my opinion (i.e. that's the one that gives me a terrible score, which does reflect my current chances of being offered credit!)