Subbing - good luck Durkin. I had a similar thing done to me by Santander. The default has caused me no end of grief and denied me the opportunity to take advantage of % deals and lower interest credit cards costing me £££ in extra interest, when apart from the default, I have a good payment history.

Thanks Birchave, Have just donated - cheers for reminding me! They've issued 8% as I requested, so it's just a case of showing me that I did indeed get a refund and nothing has been missed. Thanks for your advice, much appreciated. I'd not expected a payout so soon! :D

This must be a record, they received my letter on 12th April, and the money was in my account from the 17th! .. The speed makes me suspicious I might have been short-changed here as the it's less than I asked for (although I just asked for the whole lot, which when I think about it probably included interest that I'd not yet paid as I settled early?? :confused:- they say that I'd already had a partial refund when I settled the loan early. I'm going to ask them to give me a full breakdown of the 2004 settlement and a full breakdown of how they came to the figure they're offering me so I can be sure. I'll write a letter telling them I don't accept this as full and final until they provide me with both breakdowns, with full calculations etc... Any advice or has anything similar happened to you? Thanks in advance!

thanks birchave0 - should have known they'd take a while... sent my letter yesterday wonder how they'll respond...

Oh I forgot - question for birchave0 - how long did it take your auntie from the complaint to receiving her cheque? (If you know and don't mind my asking).

Thanks for the encouragement birchave0 and congratulations to your aunty too! I wrote a letter last night - just needs a little editing and I'll send recorded delivery today.8)

I applied for a full subject access request to see if there was anything on my file which would substantiate the conversation I had with them when I reached the agreement to pay in November. Oh my there's so much information. I had a good read and think they have contradicted themselves somewhat - (unfortunately as I was wading through the docs I had a phonecall to say my grandfather had died and it's all been a bit of a blur since then. One of the letters they enclosed is the useless response they gave when they fobbed me off 4 years ago. It says that the request for a £250 overdraft was declined, (if you remember from my account the member of staff told me they had asked for a £250 overdraft which would mean I was only £250 over my limit which was too little for action to be taken against me). However other documents state that there was a £250 unauthorised overdraft facility approved. What on earth is an unauthorised overdraft facility??- either you have an authorised overdraft of £250 (which they said I did) or you don't!! It sounds like the guy I spoke to although very nice did not really know what he was doing and really hurt my credit as a result... I think I'm onto something here, but there's so, so much information - how do I pull this together and get them to admit there's been misinformation here and remove the default? Thanks in advance!

Hi, I called Halifax last week to find out whether I had been sold PPI with a £3,500 loan I took out for a car in mid-2004 and I was. I wasn't keen on the insurance - I just saw it as an additional cost and I think I do recall saying this. However when the documents came to me, they had already selected the PPI option and done all the calculations for the cost of the loan including the PPI and set the loan up with the PPI included - I signed anyway. The PPI was done in one upfront payment and added to the total cost of credit, with interest payable. They didn't offer me the option of being able to pay the PPI in monthly installments :-| I found a cheaper loan about 7 months later and asked for a settlement fee - I was shocked to discover that the settlement fee was a few pounds more than the actual loan I had taken out in the first place - I was gutted as I'd made over £900 in monthly payments for "nothing"! I figured this was down to their 3 month payment "holiday" which they also gave me no option to decline, while they raked in the interest on the loan + PPI. Can someone advise me if I was missold? Shouldn't I have at least got a refund on the proportion of the PPI I didn't use? (Loan duration was 4 years and I repaid in full after about 8 months. I feel as if they were pushy and didn't listen to me, but then I caved :-? Thanks in advance

Hi, Would you like my letter?? Regards,

Hi - you need to say which bank you're with as maybe someone might have a letter from the same bank as you giving you the ammo you need. Good luck!

Thank you Dx. I'm going to have a think and then draft a letter. Why is an overdraft regulated by the CCA, yet they say they don't have to provide me with a signed agreement in order to give me an overdraft?? I don't understand this Can someone give me a second opinion - is this right? Responses much appreciated - I always click your scales if you're helpful :grin:

Update: I'm a bit stuck and not sure how to respond and move this on.... I sent the following letter on 1st February: Dear Sir or Madam, After obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a “Default” notice against an account in my name. Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, cheque number 100246. 2. You must supply me with a signed true and certified copy of the original default notice I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that the default is removed from my files as unsubstantiated. Should you fail to respond within 14 days I will be contacting the Financial Ombudsman to assist me in taking this matter to full resolution, along with requesting them to consider the additional costs I have incurred as a result of the unlawful application of said default. Here's the response received 01st March - way beyond my deadline too: Thank you for your recent letter about default information registered against your account. Although authorised overdrafts are regulated by the Consumer Credit Act. Santander does not need a signed agreement from you in order to give you an overdraft facility. I am therefore unable to provide you with a copy, but I have enclosed a copy of the Santander Account terms and conditions. (No they haven't sent the T's & C's - apart from my returned cheque and this one page letter, the envelope was empty. Also are they right that they don't need a signed agreement in order to give me an overdraft facility, or is this nonsense:-?) Your account was closed on the 12th December 2005. If you would like us to investigate this any further I would suggest that you forward a copy of your Equifax report and we can pass it on to the appropriate department. (No problem, I have the report from 2006 and a more up-to-date report, which I can send them) Also as you appear to have now moved since your account was closed, we would need ID from you and also if possible proof of ownership of the account.(I can send ID, no problem but I can't find any statements etc) I have also returned your £1 cheque. I realise my reply may be disappointing, if you have any further queries please do not hesitate to contact us using the telephone number detailed above. Yours Sincerely, You will notice their response totally ignores my request for a "certified copy of the original default notice" How do I respond to this letter and does anyone know if it's right they don't need a copy of the signed agreement for an overdraft?.

Thank you Citizenb!

Hi Site Team, I've got one of those letters Halifax send you when you go over your limit, which states "to cover our costs, we make a charge of £30..." dated 2005. I know Halifax wasn't one of the Banks Bankfodder specifically mentioned, but if this is useful to you, I'd be happy to have it added to the library. If you're interested, can you gie me an email address I can send it to? I've scanned my version but don't want to add it here immediately as it still has my details... Also can you tell me whether Halifax is one of the Banks that specifically told the court that the charges were part of their core business or can you tell me where I can get hold of the documents and check for myself? Best Regards, Ebonym

This is heartening to hear. Good luck - the fight goes on and you have my full support