Defaults Removed With Template Letter

[Lizzy]

Well, well, well

 

Thank you so much SurlyBonds for all you help and the wonderful template letter.

 

We went to great lengths to move our mortgages with Birmingham Midshires to get the one default showing as satisfied. Once moved I asked them to show the default as SATISFIED. When I checked the file it was showing two further defaults (so 3 in total) all showing as satisfied. I was soooooo mad and started reading all I could on here. My hubby also applied for a credit card and got turned down, even though all other accounts running fine. So proof that showing as SATISFIED MAKES NO DIFFERENCE AT ALL .

 

I went straight in with the Template Letter and notice dated 27th August 06.

 

Here is my reply today........

 

Dear Mr & Mrs xxxxxxxx

 

Further to your letter of 27th August 2006. I'm sorry to hear you're unhappy.

 

My understanding of your complaint is that we've continued to disclose information to the Credit Reference Agencies on your redeemed mortgage accounts and that our actions are in breach of the Data Protection Act.

 

Your are correct in saying that under the terms and conditions of your mortgages we are only permitted to process data during the term of their contracts. Each month we send information on the conduct of all live mortgage accounts to the Credit Reference Agencies. However, once a default is registered on an account the credit agreement is broken and the Credit Reference Agencies do not update their credit files with any further information provided by us.

 

When your accounts went into arrears, you would have been told about the possibility of a Default Notice being registered when you received our Formal Demand Notice. I apologise if this was not made clear to you.

 

When a mortgage is redeemed we inform the Credit Reference Agencies. My Understanding is that Equifax then update your credit file to show the account as settled with a nil balance. Experian simply show the balance as nil. The defaults remain on your file as they reflect the conduct of your account while it was live. However we do not provide the Credit Reference Agencies with any further information once the account is redeemed.

 

I'm sorry but we cannot be responsible for any information held by the Credit Reference Agencies after we have ceased to report to them. Based upon this information I'm unable to uphold your complaint, however as a gestre of goodwill we have removed the default notices from your credit files.

 

I hope thet this outcome resolves the matter as we take complaints very seriously here at Birmingham Midshires. If we do not hear from you within eight weeks of the date of this letter we will consider this complaint closed. However if you are not satisfied with the outcome of our investigation, under our Internal Complaints Procedure you can refer this matter to our Customer Relations Team to carry out a final review. Blah Balh Blah Blah

 

Yours sincerely

Lorna Wilson

Collections Complaints Team

 

I/We never recieved any defalut notices.

 

I queried this with the CRAs at the time and they contacted BM, seems they just SAID WE DID WITH NO PROOF and the default stayed on !. Thats what gets me so mad since reading the threads that the CRAs just believe what the lender says (shocking).

 

Notice that they are UNABLE TO UPHOLD MY COMPLAINT.

 

I have checked our Equifax credit file just now and the defaults have gone. I will have to contact the others to check.

 

A point of notice, our credit score has not changed since the removal of the defaults, It's in the FAIR box as it was with the defaults.

 

Anyone who is thinking of sending the template letter on a joint account, I just changed the my to our etc. Takes some doing though its a long letter.

 

Thanks again SurlyBonds and ALL for the help. I could'nt and would'nt have done it without you.

 

Lizzy

[Tinkerbelle]

Well done.

[SurlyBonds]

 

1. Thank you so much SurlyBonds for all you help and the wonderful template letter.

 

2. I'm sorry but we cannot be responsible for any information held by the Credit Reference Agencies after we have ceased to report to them. Based upon this information I'm unable to uphold your complaint, however as a gestre of goodwill we have removed the default notices from your credit files.

 

 

1. You're welcome - glad the method is starting to work for others too.

 

2. I find it absolutely remarkable that these Muppets cannot EVER say "sorry, we're wrong, yes you have a very valid legal point and in the interests of mediation and to keep all sides happy (after all what difference does it actually make to us?), we will carry out your request"

 

It's always "as a gesture of goodwill" which just about equals "We know the word 'sorry' will mean that you can sue our sorry ars*s off and come down on us like a ton of bricks and if we were that damned confident about our rights, then we'd tell you to go away little man and see you in Court to ram our argument down your silly little throat and gloat afterwards until you cry."

 

It's EXACTLY the same with the banks capitulation letters from their 'kerching' lawyers.

 

Either way, it's a result, so i really do need to stop bit**ing about them...Let them have them their spin-riddled letter if it really makes them feel better and save some face.

 

Ah well, I suppose today's litigious society is to blame... as I go off to fill out another three N1s..

[Lizzy]

Quote SurlyBonds It's always "as a gesture of goodwill" which just about equals "We know the word 'sorry' will mean that you can sue our sorry ars*s off and come down on us like a ton of bricks and if we were that damned confident about our rights, then we'd tell you to go away little man and see you in Court to ram our argument down your silly little throat and gloat afterwards until you cry.

 

 

I know what you mean. That bit did make my blood boil. I do feel like going further as in making them remove all the information, but to be honest the payment history is good, the defaults came after 2 missed payments (very harsh) it had snookered us since Nov 2004 and has been removed in 9 days..........we have had to pay higher mortgage rates and been denied credit, it has been awful. We have buy to let properties and this last one has been on a higher rate because of this and my broker found it so hard to get because the default was on a mortgage. Thats why they say "as a gesture of goodwill "because I know I could sue them for that. I/we are just so pleased they have gone (just need to make final checks) . I have got late payment charges etc back from BM and will probably go after a redemption penalty as well. They have made our life hell, I know it means nothing to them but I feel empowered.

 

Thanks so much SurlyBonds I will raise a glass (or six) to you tomorrow night. Keep up the good/brill work. I am sure this will change our life.

 

Lizzy

[dayglo]

Congratulations!!! it feels good doesn't it?