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claricestarling

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Everything posted by claricestarling

  1. I've read this over and over and over and can't see it anywhere where it says if it's solely charges then no default should be placed" My eyes have gone funny from reading it so many times! Where on earth does it actually say it??
  2. Ok thank you Is there anything in bcob that would help me get any of the charges that I actually paid back BACK? I'm not sure how much the charges were until I get the sar back.
  3. Could you see if you could possibly find it for me ? I did quote it in my dispute via Eqifax but the bank still said " applied correctly "
  4. Going from memory and my credit file it went like this ...... . January 2009 zero balance bounced direct debit = charge On my credit file : ( number is the marker) February 09 -1. March 2. april 3 may 4 June 5 July 6 Then from July 2009 until September 2010 ( bit longer than I originally thought ) they are all marked as 6 ... So even though I didn't pay for well over a year they never defaulted me then In September 2010 I finally logged in .... Charges shown as around £400 overdrawn .. .. I paid the full amount shown into the account September 2010 and then started using the account Then it shows as green for October 2010, nov 2010 dec 2010 jan 2011 , feb 2011 - 1 March 2011-2. April 2011- default Around dec 2010 I checked online and literally all of a sudden they had added around £400 charges on obviously taking me into unauthorised overdraft When I called she simply said backdated charges from 2009/2010 She wouldn't clarify anymore than that. . I tried saying that I thought all charges had ALREADY been added and that I'd paid them so why would they add more now ? Why weren't they added at the time ? I couldn't get much info from her and I simply gave up and buried my head. £100 a month was still being credited to the account after the 2nd lot of charges .. .. This was because I'd finally got some success from the child support agency after 10 years and started getting £100 a month back payment and although I repeatly asked the csa to pay it into a different account it continued to get paid into this one for around 4 months meaning I paid back £400 charges which left £300 which was the default amount
  5. Hi - thank you I cannot find for love nor money this on the guidelines Myself .... Where abouts is it ?
  6. I originally sent a cca request July this year which has been completely ignored ( this is when I didn't know u couldn't cca for unauthorised overdraft on a basic current account) I then called complaints 2 weeks ago to a) complain I had no response and b) complain over charges. I was promised a call within 2 days from complaints but no response. I then raised a dispute with Eqifax that default was solely charges... The bank responded to them " applied correctly "
  7. I'm sending a sar today so should be able to update this once it's arrived
  8. Hi I know I'm jumping on someone else's thread but I can't find this guideline on there and I'm fighting a bank at the minute who defaulted me from solely charges. Can anyone tell me exactly where it says this on the ico guidance?
  9. Hi guys Anyone savvy when it comes to bank charges ? I was defaulted in 2011 from a current account started in 2008 . Had a bounced direct debit charge when balance was zero. Stupidly ignored it for 6 ish months and the charges grew to around £300 overdrawn from charges . I then paid into the account and got the account to zero. Then used the account.....for 3 months then they literally all of a sudden dropped £500 charges on all at once saying they were backdated charges which I couldn't understand . I did pay £100 each month into the account so it reduced it slightly but then.... On my credit file it shows as 2 missed payments 1.feb 2011 and 2.march 2011 and then defaulted April 12th 2011. Can anyone advise me if they can default you solely from charges? ( seen about ico guidelines that they shouldn't do this but I can't see it on the guidelines myself) And have they treated me fairly in this instance? Again seen something about bcob or something similar but I don't know if it applies . I know at the time I felt it was very unfair and didn't pay it because of that. I want to know whether to just pay it and have it shown as settled or to fight it ? Any advice? Thanks
  10. hi not sure where to post this id like some advice as to the best course of action. ive got a default from a high street bank/building society that is made up entirely of charges. ultimately id like this removed if possible but id like to know what the best way to generally get it sorted is. the basics: opened a BASIC account in 2008- used it fine until around 2009 when i had zero balance and a direct debit try to go out without realizing - the bank refused the direct debit and then charged me.. .. i stupidly refused to pay it out of ' principle' for about 10 months ... the charges then built and built until they got to around £300. Then one day i checked my account online, decided to sort it and paid the full amount shown that was overdrawn. ... i then started using my account again with no problems for around a month. Then all of a sudden i checked one day and it was around £500 overdrawn!! i rang them and they informed me it was backdated charges for the account was inactive... what??? i thought they had already added all the charges. i was furious and hung up on her as i just couldnt see where she was coming from with it. i refused to pay it but unfortunately i had a regular monthly payment going into the account of £100 so it WAS being paid. £100 went in a month but then obviously i was still being charged for being in unauthorised overdraft. once id managed to get the £100 regular payment cancelled ( it took me a few months) i just stopped looking at the account and used another bank. so i now have a £300 default on my credit file- this is made up ENTIRELY of charges. I would like to know if : a) the default is lawful if made up solely of charges? ( ive seen some threads on ico guidelines that it shouldnt have defaulted if made up of charges) b) can i attempt to get the money back that i paid them charge wise.. i cant remember exactly how much each charge was or the grand total This is what i have done so far.. 1) july 2013- i sent in the cca request letter requesting agreement, default notices, statement of accounts via recorded delivery...... no response 2) i then called them in October 2013 to query this.. . all i got was an apology that no one responded and that it was with a debt collectors and the letter was probably forwarded to them. I then made an official complaint over the phone.. they took it and said i would receive a call within 2 working days... its now been 8 and Ive heard nothing. 3) i raised a dispute with equifax that the default was made up of charges etc... the bank came back with " correctly added, no amendments" grrrr..... i don't know what to do with this.... . i was going to SAR them to make sure i have all the facts on my account first but then im not sure what to do.. . id like to know what i CAN do... . for all i know they may have done everything right and i don't have a leg to stand on? im sorry this is really long winded i just thought it better to post all the info. any advice would be great thanks
  11. Hi If you request a copy of the ORIGINAL terms and conditions that you agreed to when you joined a company.... In my case BT... Are they obliged to send it to you or do you have to send it in via subject access request? I've been defaulted by bt in 2008 and I don't think at the time they had the clause in that you agree to them sharing data with credit reference agencies?
  12. The entries are all 100% from the same lender I've had a deed of assignment from one dca about one but that's all I've had The original lender has told me the other is with Mackenzie hall but I've no deed of assignment for them or any communication
  13. Thank you . So shall I just pretend i haven't send the agreement/default request in that's been ignored and just straightforward complain that the default is wrong and shouldn't have been placed at all?
  14. im in a similar situation. i have a default from a bank from 2011. i had a zero balance, then a failed direct debit which the bank charged me for, then charged me for going into an unauthorized overdraft and it all spiraled from there. i sent them a letter 2 months ago(recorded) asking for a copy of the credit agreement, default notices, etc and this letter has been totally ignored. when ive posted on here for advice they have just said you cant cca for a bank account which confuses me as ive seen so many posts where people have done so and had replies from banks? not only that i asked them for a copy of statements and default notices etc... surely i should have had some reply? my back up was that id seen someone quote from ico guidelines about if default is solely charges it shouldnt be placed..... but i cant use it in my next letter if i cant find it on the guidelines myself. please help
  15. I'm now very confused as I've been looking at lots of posts where people have sent them to banks regarding accounts and overdrafts and had replies and success
  16. hi all i recently saw a few posts quoting guidelines from ico as follows "if a default sum is made up of charges without which the account would not have defaulted then no default should be placed" now ive searched the guidelines and cant find it? Did i imagine it?
  17. hi it wasnt an overdraft it was a simple current account with no overdraft facility - i had an attempted direct debit taken when i had a zero balance - the bank then charged me for it bouncing and it all went from there. i then paid the charges and started using the account again after id paid them... . then a little while later they just randomly added about £400 charges and when i queried it they said it was backdated charges. i refused to pay it and they defaulted me in 2011. the default is made up entirely of bank charges
  18. hi ive been searching the guidelines for this as i know ive seen it before but now i cant seem to find that quote on there? im in desperate need of it in black and white
  19. ive just had a good look through lots of forums and posts and it seems common practice to cca a bank UNLESS it was for an overdraft
  20. from what i remember i had went overdrawn £25 for a bounced direct debit (i was overdrawn from the fee they charge for it bouncing) in around 2008 /2009 i think i refused to pay then i obviously got charges over a period of 6 months or so.. ..after 6 months they stopped adding charges.. .. i then paid the charges and started using the account again.. . then about 4 months after using the account again they dropped £300/£400 of charges on it in one go and when i called to say why they said they were backdated charges from when the account was inactive - i point blank refused to pay it as it was solely charges.. . the default on my credit file is for £300 ish and is SOLELY charges
  21. Hi guys i sent a standard cca /soa/default request to a high street bank via recorded delivery which having just checked was delivered to them in early july. I have had absolutely no response at all, not even an acknowledgment. The default was made up solely of charges which i refused to pay. what do i do next? thanks
  22. Hi all having checked my credit file i saw 2 defaults on call credit from a payday loan company then when i checked experian.... 2 defaults from the same company but for different amounts and with a much later default date. now i asked for a copy of the original credit agreement, statement of accounts and original default notices in late june 2013, so far they have only sent me the default notices. they were sent in april 2011 and march 2011. ok so on my callcredit file they are showing as : 1.defaulted 27/8/2011 opening balance £258, default balance £159. shown as zero,satisfied and closed ( but still defaulted) and 2.then defaulted 27/7/11 opening balance £303, default balance £159 shown as zero now, satisfied and closed ( but still defaulted) BUT on my experian file they are as follows: ( the start dates are the same in all cases so its defiantly for the same accounts) 1. defaulted 17/11/2012, amount £259 2. Defaulted 17/11/2012, amount £306 what the actual hell is going on? lol.
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