Woolwich - Charges and default

[Yasmin]

Thanx for all information everyone. Sportbeth I pmd you...Still considering what action to take. Think the online dispute with credit ref. agency track???

[BankFodder]

Thanx for all information everyone. Sportbeth I pmd you...Still considering what action to take. Think the online dispute with credit ref. agency track???

I'm losing the plot - of everything t the moment. Can you remind me - do they still owe you money?

[Yasmin]

No surprise there with all yor doin' they have recredited all recent charges applied, apparantly, must check online banking now. However will not remove the default. Feel sure there will be other charges on the account since it opened. Could persue them for these also, would have to order statements.

[BankFodder]

Get statements.

 

how would you describe the effect that the default has had on you and your life? Any specific incoveniences or losses?

[Yasmin]

Hi B F statements now ordered. In answer to your question, this default has had a severe effect on my life . As I explained earlier, without going into details, long term relationship ended on very bad terms. The stress of trying to sort out my financial affairs has proved relentless. I even started to pay theWoolwich back their charges , monthly. Then it occured to me, what the hell am I doing . That's when I took action initially and lodged a complaint. I was unaware of the default until recently, when I was refused credit. This has been so, so, time consuming at a time when I could have used a bit of help. I now find the same has happened with "Egg", they have refunded me one charge but are refusing to acknowledge the rest, plus removal of default. I will start another thread. So here I go again......should be spending more time on other things just now but so essential to clear my credit file.

Although they have not defaulted me, will also be claiming charges back from Capital One, Barclaycard, and storecard, in the near future

[Yasmin]

Copy of my letter below;

 

 

 

 

 

 

 

 

Data Protection Act disclosure request

 

 

Dear Madam

Customer Ref XXXXXXXXXX

Thank you for your recent letter and advice that you have arranged for the outstanding penalty charge of £313.12, to be recredited to my account.

I understand from your letter that I am now only able to open a classic account with yourselves, presumably due to the default which you have applied, after taking my account into debit by your penalty charges. I would prefer to keep my existing Open plan current account, and as my debit card has expired, perhaps you could order me a new one.

Furthermore, regarding the default notice, if this is not removed from my credit files further action will be taken.

Please also supply me with a complete list of transactions and charges relating to my account since it opened in 2003. Alternatively a complete set of bank statements for that period will be acceptable.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention in relation to my banking business with you.

If you are unable to supply data relating to the manual intervention because there has been no such manual intervention then please is kind as to confirm this is your response to this request.

You have 40 days in which to comply.

 

Yours faithfully

 

 

 

 

Received this reply 16/03

 

 

 

 

Customer ref XXXXX

 

 

Thank you for your letter dated 3 march 2006 and for taking the time and trouble to tell us about your dissatisfaction with our service. We work hard at the Woolwich to deliver a first class service to our customers and we are sorry that you feel let down on this occasion. You can be sure that we will do everything possible to put things right for you now, and so that we improvew our service in the future.

 

We would like to explain what happens next regarding your complaint, received on 07 March 2006. We have taken responsibility for fully investigating the issues you have raised, and we aim to resolve this matter by o4 April 2006. However, before we can process the information you have requested under the Data Protection Act we require the administration fee of £10.00. I would be grateful if you could send us the fee in the stamped addressed envelope. In the meantime, if you have any further information, queries or concerns, please contact us on 0845 0700 360.

 

May we assure you etc... etc...

 

 

 

 

 

Also contacted Experian, about 10 days ago, online dispute.... they are now in process of contacting the Woolwich.....

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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[Yasmin]

Sorry...Thread to this on page 3 can I join them tog.

[BankFodder]

Can you repost this on your orginal thread please.

[Yasmin]

Reply From Woolwich

 

 

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Author Message

Yasmin

Basic Account Customer

 

 

Joined: 09 Feb 2006

Posts: 16

Location: London

Posted: Fri Mar 17, 2006 9:40 am Post subject: Reply From Woolwich

 

--------------------------------------------------------------------------------

 

Copy of my letter below;

 

 

 

 

 

 

 

 

Data Protection Act disclosure request

 

 

Dear Madam

Customer Ref XXXXXXXXXX

Thank you for your recent letter and advice that you have arranged for the outstanding penalty charge of £313.12, to be recredited to my account.

I understand from your letter that I am now only able to open a classic account with yourselves, presumably due to the default which you have applied, after taking my account into debit by your penalty charges. I would prefer to keep my existing Open plan current account, and as my debit card has expired, perhaps you could order me a new one.

Furthermore, regarding the default notice, if this is not removed from my credit files further action will be taken.

Please also supply me with a complete list of transactions and charges relating to my account since it opened in 2003. Alternatively a complete set of bank statements for that period will be acceptable.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention in relation to my banking business with you.

If you are unable to supply data relating to the manual intervention because there has been no such manual intervention then please is kind as to confirm this is your response to this request.

You have 40 days in which to comply.

 

Yours faithfully

 

 

 

 

Received this reply 16/03

 

 

 

 

Customer ref XXXXX

 

 

Thank you for your letter dated 3 march 2006 and for taking the time and trouble to tell us about your dissatisfaction with our service. We work hard at the Woolwich to deliver a first class service to our customers and we are sorry that you feel let down on this occasion. You can be sure that we will do everything possible to put things right for you now, and so that we improvew our service in the future.

 

We would like to explain what happens next regarding your complaint, received on 07 March 2006. We have taken responsibility for fully investigating the issues you have raised, and we aim to resolve this matter by o4 April 2006. However, before we can process the information you have requested under the Data Protection Act we require the administration fee of £10.00. I would be grateful if you could send us the fee in the stamped addressed envelope. In the meantime, if you have any further information, queries or concerns, please contact us on 0845 0700 360.

 

May we assure you etc... etc...

 

 

 

 

 

Also contacted Experian, about 10 days ago, online dispute.... they are now in process of contacting the Woolwich.....

[BankFodder]

Send the money.

[Yasmin]

As I told you Experian were investigating the default. However have received letter from them saying that the woolwich have confirmed that the details they hold are accurate and have requested that they retain the information...so unfortunately they are unable to amend this. However I may add a notice of correction

Any ideas? should I wait to see the outcome of the investigation in early April, or take this a step further now. So infuriated that they won't remove this thus admitting they were wrong

[sportbeth]

I would certainly add a notice of correction if I were you, it might help in the future. I would also write a very strongly worded letter back to the woolwich stating that the default now stands as a defamatory information on your credit rating which is inaccurately reported.

 

My letter to them stated" As it is my belief that there was no requested overdraft facility from you for this amount and that the charges on this account represent penalty charges only for which you are trying to collect, I will also be holding you liable for any information you have disclosed about me to credit reference agencies and debt collection agencies and the resulting damage that this has done to my credit history. Such action is libellous and I understand that I am entitled to compensation for this"

 

I would also very strongly point out to them that any refusal on their part to remove the default that they have placed there in error will result in you reporting them to the Credit Licensing Authority, The OFT, the Information Commissioner and the BBA. Somewhere between the three of them you should be able to find someone to take your side.

 

Interestingly as well I would point out to them that in the Banking Code, which they openly subscribe to as they send it out to their customers, it states the following:-

 

Credit Reference Agencies

13.6 We may give information to Credit Reference Agencies about the Personal Debts you owe us if:-

 

You have fallen behind with your payments

The amount owed is not in dispute; and

You have not made proposals we are satisfied with for repaying the debt, following our formal demand

 

Surely the fact that the very debt is now in dispute means that the default cannot be registered, and if it had, it can be removed.

[BankFodder]

Yasmin, Where are you on this now. Do they owe you charges? Have you begun to claim? Have they defaulted you because of a debt which is comprised substantially of charges? How much is at stake? Sorry to ask you this. This thread is long and I haven't had time to go through it all to find the info.

[Yasmin]

Hi B F........Yep they defaulted me for a debt comprising solely of their charges. Penalty chgs. Direct debits returned. Have eventually refunded full amount around£800- and say they will now close my account, but I may apply for a classic account, obviously with no facilities as they have defaulted me Contacted Experian, have now come back saying the woolwich are satisfied default entered correct. I have now requested statements, as will claim charges since account opened. They have replied requesting £10 for statements which I will send, and have also advised me that they are looking into complaint and

hope to resolve by 4th April

Not really sure about next stage, as the default is priority, and not convinced that they will resolve anything by 4th April.

[sportbeth]

When I argued the default it came off very quickly. And so did my one with the Next Directory. I think they can take it off in one day, it's whether or not they are being awkward or not

[Yasmin]

Hi B F please reply when u hav time, grateful of ur advice as to next stage.

Thanx Sportbeth, How long did it take them to remove default from time you complained? Was it all in writing and how did they finally cave in ? LOL any tips useful.

[disneyman]

Hi Yasmin - just read the thread. As I see it they have admited that the charges were unlawful hence there return to you. This therefore makes the Default entry also unlawful. Maybe a strongly worded letter sent to them pointing this fact out to them (possibly threatening legal action) will make them think twice.

 

Disneyman

[sportbeth]

It was pretty damn quick - less than a month. And it just kind of disappeared!!

 

They made out it was a gesture of goodwill which was a bit annoying, it was more a matter of true fact and rubbish on their part putting it there in the first place!

 

I think with the Woolwich though you have to accept that everything is "goodwill" with the Woolwich, they don't admit liability on anything

[Yasmin]

Woolwich defaulted me on debit balance , over £700 comprising soley of their unlawful charges. Have finally refunded full amount but refusing to remove default...requested further statements, from time account opened , also strong letter of complaint. Received statements yesterday, no further charges to claim. Apparantly they have passed my letter to data protection dept. Barclays, so now awaiting response from them........if they don't remove it I will take this one further

[Yasmin]

The Woolwich sent me statements duplicated by Barclays Data Dept. Returned my payment of £10- saying it was unnecessary...LOL Neither of them addressed any of my complaints again. Called the Woolwich this afternoon , explained not satisfied , complaint still not resolved. Have given them a further 14 days, which I feel is very generous, they don,t deserve it. Will put this in writing . If I don't have this default removed by then, definately want to take this further.....

[Yasmin]

Have actually only given them 7 days, has been going on long enough. As they defaulted me on a debit balance comprising only of charges around £800- online dispute with credit ref. agencies but they are still refusing to remove it. Could you suggest next stage please....anyone

[sportbeth]

I would suggest either :-

 

You request an original copy of the default notice - tactically you are looking for them here to cough up the info and double check that it was executed properly in the first instance. They might stall at that point realising that you won't go away.

 

If they do cough it up,. I suggest that you then go to the information commissioner and both credit reference agencies and ask them to consider both their letter/default notice and judge that the default notice was improperly executed considering that it was solely based on a charge that was not only illegal but now refunded.

 

Don't give up hope, I would imagine that this is going to become a big issue and with luck if this doesn't work there will be many more instances like yours soon enough and if this doesn't work we will find a way around it. God knows why they would remove mine and not yours though - it's sheer bloody mindedness!!

[Yasmin]

Thanx for all your advice Sportbeth, will keep you posted....

[Yasmin]

Well, another useless letter this morning from the woolwich. My original case manager has now passed the buck to one of her female colleagues who has basically repeated everything. In other words even though they have refunded all of the penalty charges, they are still refusing to remove the default. They will not budge even though the total debit balance on the account was their illegal charges. Online dispute with credit ref. agencies but they still will not admit to it!!! Eagerly awaiting B F return, so that we can proceed with next stage. Have also found more charges on the account, dating back couple of years, to reclaim.

[Yasmin]

Just to update you on my Woolwich experience. They defaulted me on a debit balance comprising solely £702- unlawful penalty charges and have now refunded £732-(after much correspondence) in three seperate amounts.

I have requested removal of the Default notice several times and disputed it with the credit reference agencies-to no avail.

Since reading the DPA information which is in the Library, I have decided to take further action. I am requesting from the Woolwich, Full subject access on all personal data held and will be sending this special delivery. This will ensure that i've followed correct proceedure if it ends up in Court!

Whilst browsing my statements I have also noticed a further £550- penalty charges which I intend to claim at the same time I send my formal request (s.10) to remove the default. Will keep you posted.