RBS Overdraft Default Removal

[pabb85]

Hi all,

 

I've had enough of lurking on this forum now and wanted to start my own thread for removing a Default against an RBS account. This goes back to 2008 when without notice RBS removed my overdraft and put me into default (as I beleive their terms and conditions allow them to do, if the account if left dormant for a couple of months, this is in their small print, apparently).

 

The first I heard about it was from a DCA, I paid upon receipt of the letter and the account is marked as settled but the Default still shows on the account - which it shouldn't as they did not inform me or provide any time to pay before going to default.

 

I have chased this in the past down the normal "customer service" routes with no luck and RBS insist that because this is an overdraft it falls completely outside of the CCA and they say they cannot produce a copy of the documents that were supposed to have been sent to me as they were system-generated and that they say this is compliant.

 

Can somebody advise on the above please? Specifically about the CCA rights and my next steps to clear this, I have actually lost an offered job over this default in the past because the post-offer screening process identified this default. I am looking to get a personal loan and the difference between having this Default and not having it is the difference between a "poor" and an "excellent" credit score.

 

I have attached the equifax info as below;

 

 

 

I have written the following email to the CEO of RBS in order to kick-start this process again and get this Default cleared off for good;

 

Dear Mr Hester,

 

I am writing to you today with regards to incorrect information that has been filed about myself to the credit reference agencies. I have attached an image which shows a “default” which should not have been posted to my credit record.

 

I am aware that this was an overdraft facility that RBS had decided to remove at their discretion and at that time, no warning was given to me. The first I heard about it was when I received a letter from a debt collection agency, I duly paid the balance of the account upon receipt of this letter.

 

I have raised this matter with previous staff at RBS and it has been documented (i.e. a letter has been written to me) that RBS cannot reproduce any documentation or letters that should have been written to me giving me reasonable notice that the overdraft facility had been removed and that payment was due, nor can any evidence be found to show that process was followed correctly in this case.

 

 

Can you please advise on this matter ? Personally I would feel happiest if the correction was made to show that this wasn’t a default on my credit record and we can draw a line under the situation.

 

Best regards,

 

Hope you guys can help, best regards,

Paul

[car2403]

This is going to be interesting - check out the links about the CCA and overdrafts in my sig

[pabb85]

thanks car,

 

I'm currently working my way through the threads... Still unsure of the best approach to take now thought because of this being an overdraft and not credit-card or other CCA regulated type of debt like so many of the threads.... Any advice on this please?

 

 

Paul

[car2403]

It's going to do your head in, but you really really need to read this;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?110184-car2403-v-Barclays-Bank-(Default-removal)&highlight=

 

Concentrate on the bits about the overdraft, rather than the loan...

 

See you next week...

[pabb85]

right, i have read that.... now, what would you suggest is the best approach ?

 

pre-action letter (sent) -> SAR -> CCA request ->lay court doc's ?

[car2403]

SAR and CCA request first

 

Complaint putting account in dispute, effectively, if no reply or it's unenforceable

 

We need to be careful taking Court action, as recent caselaw has seriously swayed justice in the creditors direction

[pabb85]

what is this recent caselaw? i saw reference of it on the default stick but no info... :-/

[pabb85]

bump...?

[car2403]

There's loads - Brandon, Harrison, even Wilson, etc. If you take a look through some of the successes, there'll be in there

[pabb85]

huh? but if the caselaw has swung in the creditors direction.... why would it be in successes ?

 

please bear with me whilst i get my head around this..

[vjohn82]

Bump

[liquidauctions]

I am going through the same but doing well so far. When they say that overdrafts dont come under the CCA that is just basically telling you to fob off. The only part of an overdraft that isnt covered by the CCA is they dont need a signed acceptance that you are taking the overdraft. The rest of your account is covered. If you do manage to get your default notice it will say this default notice is issued under the consumer credit act.

Ok now to get it off is harder. No single template exsists that can wipe away a default. I have been using information that my bank sent me to force them to remove it. I will give you a pointer but the bank called me today to counter my arguments that I have made against them so I cannot provide this information untill it works. If it does work ill post the info.

[car2403]

No Bank will ever remove a Default without at least telling you that they are right and you are wrong - most will require Court action to have them comply, or you won't be taken seriously

[liquidauctions]

No Bank will ever remove a Default without at least telling you that they are right and you are wrong - most will require Court action to have them comply, or you won't be taken seriously

 

Agree fully. I sent a complaint to my bank and they asked for 30 working days for an investigation to be conducted. In the end they sent a letter stating facts nothing to do with my case. I will give them 14 more days to comply then off to county.

[drewwhonumba2]

I have an £81 HSBC default that was issued in September 2008 and was satisfied in September 2009. I essentially had no idea about this until I recieved a letter from a DCA and paid it back, it then showed as Satisfied.

 

I decided to go into HSBC and find out what the default was for and was shocked but am not sure what to do about it. Basically HSBC would not give me a student overdraft but I already had an ol account with barclays who would so I started having my wages and student loan paid into the Barclays account.

 

The people in the branch were very helpful and told me that I had initially drawn out £10 which took me a few pounds overdrawn. I was then being charged £12.99 as a premium fee for several months. But I had forgotten I had even agreed to this and only upgraded the account as i thought i would then get an overdraft.

 

So the balance of £81 was for accont fees and a few quid overdrawn, I wasnt getting any value for the account as id stopped using it.

 

This is blemishing a reasonably nicely repaired credit file...and 2 ccj's falling off in July and September this year woo hoo

 

Any advice on how to try and have this removed...what approach is best?

 

Thanks guys