Benmills V Alliance Leicester

[benmills]

Trying to get a default moved from an account closed after reclaiming bank charges. I disputed a cheque being honoured by A and L 6 weeks after they closed my account. Debt now paid in full. Financial Ombudsman have just asked bank to reply to complaint. OFT acknowledged complaint.

 

Had a great letter from bank saying "no credit agreement has been entered into"

after CCA agreement and default letter request, (will try to figure how to post it up) so will follow this up with a court summons.

 

Using same argument as other great threads here - bank account and overdraft is a credit agreement and is covered by CCA, Data Protection and no default notice no default. I am am amazed the bank can say there is no credit agreement. How can I take credit or owe credit or default if there is none?

 

A and L are hard nuts to crack and will hopefully not try to defend their argument which is nonsensical to me.

 

Will keep posted.

[hedgey06]

Hi benmills, just noticed you haven't had a reply to this but your query seems familiar (another thread?)

 

Have you got any update on this yet?

[benmills]

Thanks Hedgey,

 

Success, I sent A&L a statutory demand for £1k damages, the contested debit (£511) and an order to strike the default and they sent a cheque for £1511 and disappeared the default a week later.

 

Just in time too as the default was holding up a mortgage application and the offer was released shortly after my credit score increased.

 

I also sent a court summons at the same time and hassled them every other day for a month. It was the statuary demand that worked but it's an end to a worrying few weeks as my credit was drying up.

 

Thanks for asking - I've been posting in defaults too - but I could not have sorted this without help and advice here.

[hedgey06]

That's great news benmills! It's can be really difficult to get defaults removed......... so you've done a great job with this.

 

Good luck with the new home by the way!

[huggles]

Hi Ben, would it be possible to see the wording you used?

[undercovermoles]

interesting - can you upload any text of letters you used and any responses you had?