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andy1886

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Everything posted by andy1886

  1. andy1886
    Hi, Now that I have finally started getting my finances in order I am looking to challenge charges on my Lloyds account from 2009/2010. In a nutshell Lloyds applied high charges totalling £617.00 in unplanned overdraught fees and £140.00 in returned DD charges between 01 Nov 2009 and 15 March 2010. Following a complaint they did on 16 March 2010 refund £350 as a 'goodwill gesture'. Basically what happened was that initial charges of £175 in November 2009 would have made it impossible for me to pay my rent, therefore I had to pay my wages into another bank account so that I would not lose money needed for the rent. Thus charges were added on top of charges until by the time of the refund I had exceeded my overdraught limit by some £760.00 in March 2010 (total bank charges including the account fee and interest for the period were approx £878.00 - thus without these charges I would have not exceeded my overdraught limit at all). I understand that BCOBS came into effect on November 1st 2009 and that this legislation is still valid? If so I believe that Lloyds failed to comply by: Making charges on bounced DDs or cheques Treating bank-imposed charges as unauthorised borrowing Levying charges upon charges Could someone please advise if I have a case and point me towards any template letter that I should use to make a claim. I assume that even though they made a limited refund I can still claim the rest of these charges back? Also who specifically should I direct any claim to at Lloyds? Further still as a result of this episode I have arrears showing on my credit file for this period which I assume if these charges are unfair I can insist they correct? Thanks for reading this far, any advice would be most welcome!
  2. andy1886
    Hi All, I'm still waiting for my claim form to come through, should I be concerned that it hasn't arrived yet or are others still waiting? I did call them and update my address details over a month ago, so there should be no reason why it shouldn't arrive. Thanks, Andy
  3. andy1886
    SUCCESS!!!!! The ICO have ruled in my favour and HFC/HSBC have been instructed to remove my record from all the CRA's files. They were found to have not complied with the advise on registering defaults which means my entry should have been removed after 6 years in September 2013.
  4. andy1886
    I took this out via Santander in 2010 and it was renewed automatically in 2011. I have heard that this company are not accepting claims for policies that were sold via letter (sent by your bank with the new credit/debit card) but only on sales made by an advisor over the phone. Therefore they will refuse to send a claim form unless you were sold the product verbally by an advisor. Is this correct? If so can I still claim (I would expect that the method of selling is irrelevant tbh) and how to I get hold of a claim form? Thanks in advance for your help!
  5. andy1886
    Thanks Brig, will do. Assuming that the Barclays one is correct then the Lowell one has incorrect information on it anyway (date of default, amount) so it needs to go.
  6. andy1886
    Hi Just a quickie (sorry, I should probably know the answer to this but have forgotten). I have the same account on my credit file from both Barclays and Lowell, although they have slightly different reference numbers, default dates and amounts they are in fact the same account. Who should I contact to challenge these, Barclays, Lowell, or both? If it is one or the other rather than both, is that organisation responsible for informing the other organisation to correct their records or do I have to do this? Thanks again, Andrew
  7. andy1886
    You're probably right, but if they get a kicking from the ICO then I will not be complaining.....
  8. andy1886
    The previous entries were all '6's which the explanation states means more then 6 months in arrears. When they actually changed it to a default this was shown as an '8'. I have contacted the ICO again and sent an email to my case worker with all the details so that they can find out wtf HFC/HSBC think they are doing. I hope that there is some form of divine afterlife justice and that these nasty people end up somewhere suitably warm and painful.
  9. andy1886
    It has come back as just a single late payer '6' entry, no default shown at all, no previous history, just a '6' against September 2013.
  10. andy1886
    Just when it all looked sorted.... I checked my Experian credit report early October and hurray! the entry from HFC had been removed as it was over 6 years from default date. A few days later I apply for another course with the O.U. (I have been with them for 24 years on and off and always paid through my OUSBA account which means I can pay monthly, without this I would have to pay up front which I couldn't do). Result? Rejected application!! I check my files and guess what? On the day of my application my HFC entry had been put back on my file with a single '6' entry again under HSBC Bank (HFC's parent company). Luckily I had not closed my compaint to the ICO and they have got as far as writing to HFC now for an explanation. It does however mean that four years of study I cannot continue with the O.U. and all my time and cost of the courses has been for nothing. HFC/HSBC, scumbags the lot of them.
  11. andy1886
    Thanks DX, I have the SAR information although there isn't half the stuff I would have expected (no reference at all to their collection agency that I dealt with briefly). I need to go through it and see if I can spot any charges/fees that may have been applied.
  12. andy1886
    Great News!! HFC have caved in and corrected my record to show a default (8) status on my account dating back to the end of September 2007. This means that the record should be removed from my account by the end of this month!! This shows it really is worth keep nagging away at them until they give in. If anyone else has the same problem (account showing years of arrears but not being defaulted) do quote the ICO guidance on issuing defaults and insist that the bank applies it.
  13. andy1886
    I'm sure that you're right Brig, they seem like decent enough people but it must be like trying to fend off a herd of elephants with a blade of grass. Perhaps if a precentage of the fines went to fund the ICO then they might be able to afford more staff.
  14. andy1886
    Another quick update, and some information if you're dealing with the ICO. Called them (ICO) today to progress my complaint. They told me that I haven't been assigned a case worker yet (6 weeks) and they are currently dealing with complaints registered in MARCH! So they are taking around 4 months to deal with complaints. So don't expect a quick reply from the ICO (especially with the holiday season coming up).
  15. andy1886
    Hi Kirk, I'm certainly not an expert on this but I've made a complaint to the ICO (Information Commissioners Office) based on their 'Technical Guidance on Defaults' (see link below). This states that a default should be registered within 6 months of your failure to keep to your agreed payments (on the basis that the relationship has broken down with the lender). So if you didn't make payments after Feb 2005 then they should have defaulted you by August 2005 latest. Even if you paid off the debt later the default should still be registered no later than six months after you originally broke the agreement. Here is a copy of item 11, page 6 of the guidance: Time framework Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders. 　  Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears. 　  Accounts should normally be filed as being in default where those payments due have not been received for six months. I would make a complaint to the ICO outlining your case on the basis that they have failed to comply with the technical guidance. The ICO are who you complain to about the data supplied to credit agencies including default entries. Check out the link below and quote the bit that explains when defaults should be issued. You have to complain to the lender first and ask them to correct the entry (i.e. remove the default in 2012). If they refuse send all the correspondance to the ICO with a completed complaint form. Here is a link to the technical guidance: http://www.ico.org.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx Hope that helps. Andy
  16. andy1886
    Quick update - 37 days after sending my complaint to HFC still no reply from them. They have responded to Experian and Equifax around 2-3 weeks ago but don't seem bothered to reply to me. No sign of the SAR either but I didn't expect that yet anyway. I'm thinking of adding another strand to my complaint to the ICO regarding their lack of a response. Is it worth it or would that possibly delay my complaint further?
  17. andy1886
    Thanks dx, I will forward this latest letter to the ICO to add to their file and keep counting down the days from the date of my original request.
  18. andy1886
    Aaaargh!! Is nothing ever straight forward? The complaint is with the ICO as per my earlier message, but today I recieved another communication from HFC Bank. They have written to me to say that my account is being transferred to HSBC Bank on July 6th 2013. They claim that the terms of my contract say that they can do this as HSBC is part of the same group. They also state that the data controller of HSBC Bank will from that date be responsible for my personal data in accordance with the data protection act. 1. Can they do this without my agreement? 2. Will I now have to resubmit my complaint to HSBC and go through the process again before starting another complaint (or restarting my original one updated with the new account information)? 3. HFC still have not responded to my SAR or my last communication regarding my complaint, do they still have to respond or can they now say that I have to contact HSBC? Maybe this is a coincidence but it seems like another delaying/avoidance technique from HFC. Also, I'd be interested to hear if anyone else has had their account transferred like this?
  19. andy1886
    Thanks Brig, I'm looking forward to the ICO putting HFC straight. If their attitude is typical of the banking sector then it makes me wonder why on earth we bothered to bail them out. Friends in high places I guess.
  20. andy1886
    Another update. Experian got back to me today by email to say that HFC had told them to refer me to their previous letter (the one saying that the FOS told them to keep marking my file with 6's rather than another default). So they are not changing the record. Consequently the complaint to the information commisioner's office will be going in tomorrow. A quick question, how long does the ICO take typically to investigate and rule on these things?
  21. andy1886
    Quick Update... Just before I started this challenge to the information on my credit file I wrote to HFC to offer a payment plan (I know, I shouldn't have acknowledged the debt but it was the only way I could see to get this off my file at the time). Got a reply on Friday of about 3 lines saying this was unacceptable even though I offered just over £100/mth and the last payment plan in place was for £57/mth - Clearly they don't want this sorted out. No surprise but today I got a letter back in response to my SAR request of approx 17 days ago demanding a copy of photo ID. I did send a copy of my driving licence but made it clear that I wasn't doing so because it was a legal requirement and I believed this to be a delaying or avoidance tactic and any further attempts to avoid their legal responsibilities would be met with an instant complaint to the ICO. Still waiting for a reply on correcting or removing the data on my credit file. As soon as I get that one there certainly will be a complaint going in (unless they capitulate which I doubt based on their responses so far).
  22. andy1886
    It makes you wonder. Are the FOS funded with money from the financial services industry or the public purse? Hopefully the ICO have the mandate to challenge such advice if it comes to that.
  23. andy1886
    Thanks again Brig, I've sent a final letter to HFC giving them one last chance to remove the entry before I complain to the ICO. If I do not get a satisfactory reply within the next 7 days then the complaint will go in. I think they've had fair warning. No wonder the poor old consumer gets a raw deal when the agencies responsible can't seem to agree. Thank goodness for the CAG!
  24. andy1886
    My main thoughts regardless of who is right legally are: 1. The information recorded is incorrect and therefore this is dishonest. 2. This is punitive and unfair. 3. HFC Bank made the error when placing the original default, I should not suffer potential loss for their mistake.
  25. andy1886
    Yup, you could say they are not my favorite people. Question is who is right, the FOS or the ICO?

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