Attempt to remove the default / the bank ignores all my letters / sent SAR

[kosebamse]

I have a default on my CRA filed by the Halifax/Bank of Scotland in June 2011. The account has been terminated and passed to DCA, including additional charges above the credit limit. However, I do not remember I had ever received a default notice from the bank. Around that time I had medical problems. The upshot was that I paid little to no attention to the monthly credit card payments which resulted in a default on my CRA even though the bank failed to present a formal demand with reasonable time to respond - as I'm stipulating.

 

I read the CAG forum and attempted the removal of the default.

 

I sent a first letter (a template asking the bank to substantiate the copy of the default notice) to Halifax early May to which received a reply with a copy of the original terms and conditions and nothing else. It was noted that the copy of the original signed application form would follow but I haven’t received it since then. The letter was also silent about the deed of assignment if the debt was sold.

 

I sent a second letter to Halifax late May insisting that they would substantiate the default notice and answer my questions within 28 days. I have received no reply to this letter.

 

I sent a third letter to Halifax after 28 days passed advising them they would have to answer my questions within 7 days, otherwise I would take action and inform Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office. Since then three weeks passed and have received no reply from the bank.

 

I sent Subject Access Request letter to The Bank of Scotland using their ICO address on July 17 and awaiting for reply.

 

All the correspondence was sent signed for.

 

My questions to you are:

 

1. Is it ‘normal’ for the bank to ignore its client and what the lack of reply indicates?

 

2. Is my position strong enough to get in touch with Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office and succeed in my pursuit of the default removal?

 

3. Should I wait for my SAR reply before taking an action?

 

4. Should I pursuit an alternative strategy?

 

I’d be grateful for suggestions and might consider a donation once my finances get in a better shape!

[BRIGADIER2JCS]

Hi Welcome to Cag.

 

Some points to note:

 

1.Wait for the SAR data before reporting/complaining to FOS,

it will expected that you will have exhausted the banks formal complaints procedure.

 

2. You are NOT entitled to see the deed of assignment, a court may exceptionally require its production it is commercially sensitive.

 

3. Banks are under the illusion that they are responsible to no one but the share holders.

 

4. The lack of the DN has little impact, these are not routinely stored as hard copy, all that is required is for the bank to note ona customers files that a DN was sent on a particular date, the bank can produce a 'copy' of what it would have sent.

 

5. If you require a true copy of the relevant credit card agreement you will need to make A CCA Request under the Consumer Credit Act 1974 sections 77/78, there is a £1.00 n statutory fee the bank has 12+2 Working days to comply

 

6. Do not anticipate that a copy of the agreement will be provided with a SAR the creditor is under no obligation to provide it.

 

7. Unfortunately you will need very compelling reasons for getting the default removed.

[kosebamse]

Hi Brigadier,

 

Thanks for your quick reply, much appreciated as it helped me understand a few issues.

 

Let me update you and others on my progress. Hopefully, other Caggers could chip in, too, with their knowledge on how to remove the default nontice that had not been delivered (and, as I suspect, never issued).

 

1.Wait for the SAR data before reporting/complaining to FOS, it will expected that you will have exhausted the banks formal complaints procedure.

 

I have received a letter from HBOS saying that they acknowledged £10 fee and they would send the information I asked for on or before 2 September 2013. So, I’m waiting patiently.

 

2. You are NOT entitled to see the deed of assignment, a court may exceptionally require its production it is commercially sensitive.

 

That is fine.

 

3. Banks are under the illusion that they are responsible to no one but the share holders.

 

I hope that, indeed, it is an illusion only.

 

4. The lack of the DN has little impact, these are not routinely stored as hard copy, all that is required is for the bank to note ona customers files that a DN was sent on a particular date, the bank can produce a 'copy' of what it would have sent.

 

OK. If I understand correctly, If DN was sent, this information must figure somewhere within the documents I’m going to receive as per my SAR.

 

5. If you require a true copy of the relevant credit card agreement you will need to make A CCA Request under the Consumer Credit Act 1974 sections 77/78, there is a £1.00 n statutory fee the bank has 12+2 Working days to comply

 

Either way, good to know I can still obtain it, if necessary.

 

6. Do not anticipate that a copy of the agreement will be provided with a SAR the creditor is under no obligation to provide it.

 

If I’m not mistaken, to obtain a true copy of my credit card agreement would not make any difference in wiping off the default notice?

 

7. Unfortunately you will need very compelling reasons for getting the default removed.

 

What I’m expecting, though not certain about, is that SAR will show no information about the fact the default was issued, i.e., I have, as you wrote ‘compelling reasons’ for the default to be removed.

---

 

Nonetheless, I have received at the end of July a standard form letter from Bank of Scotland in which they write that the bank (re)sold the debt to Lowell Portfolio in June 2013 – it is an interesting fact as the default dates back to 2011 and since then many DCAs tried to get in touch with me. Also, BOS writes they aren’t aware of any reason why the debt should not be paid (and I’m not questioning that) – obviously, they’re not reading what I wrote to them as I’m arguing that the default has not been put on my files according to correct procedures and thus should be removed.

 

The main questions remains - why the bank would not have supplied me with a requested proof (whatever it would be) of issuing the default notice in the first place? My bet is that they have not because they’ve never issued it.

[BRIGADIER2JCS]

Hi,BOS and straight forward dealing with customers are not phrases often seen in the same scenario:!:

 

I feel as said before the banks treat their customers as idiots, and have no idea how to respond when someone with the knowledge and the guts to use it confronts them

 

The days of as ASKING a bank to sort a problem are gone one MUST DEMAND a remedy go as high up the Ivory Towers of the grossly overpaid and make em work for the pay.

[kosebamse]

As of now, I'm still awaiting SAR from Bank of Scotland. In the meantime, I've received so much paper from the DCA to whom they have recently sold my debt, I could keep nice fire in my fireplace. But that's not the main reason for my posting here today. I have ordered a statutory report from Equifax for the first time. To my dismay, with Equifax (and only with Equifax) o2 registered last year a default for £5!

 

I remember that almost two years ago I moved to a different network. I had problems logging to o2 online account to see what I owned and wanted to make sure all is fine because I got an automated email saying I had an outstanding balance for £5.23. I called their customer service - the clerk on the other side of the line said there was nothing he could see that I owned, despite providing him with my name, email, phone number and whatever he asked for. He said that once I ended the agreement the data on my account would become inaccessible. I wasn't sure about that but he insisted multiple times there's nothing on my account, thus I have no outstanding fees. Still, I wasn't sure an initiated an online chat with another member of their staff - same thing, was assured that there's nothing I should be worried about.

 

My bad, I haven't saved the online chat conversation. Should they have saved it and if yes, when I SAR o2 will they have to provide me with an online chat I had with their customer service staff? Any suggestions, folks, how to deal with this nonsense?

 

Also, with Equifax I have something that says 'Communications Supplier from Bt Consumer' and the account is marked as settled, though not defaulted? I imagine it is BT? I've never had anyting to do with BT - never been provided with any services by them! Also, my forename is misspelled.

Edited August 31, 2013 by kosebamse

[BRIGADIER2JCS]

The best way to tackle this is a formal complaint to the Data Controller at O2, placing a default for £5.00 is not only unfair but manifestly unreasonable.

[kosebamse]

Thanks, Brigadier, I'll get around the o2 letter some time soon.

 

Still awaiting SAR from HBOS which was promised to be sent no later than 2 September. In the meantime, I had a closer look at the Experian file and my default seems to have some inconsistent digits in it. What is interesting is that the default precedes a decrease in available credit limit. See in red rectangles.

 

[kosebamse]

55 days have passed since I have sent my letter to HBOS requesting SAR. I'm sending them a letter demanding they would produce SAR in the next 7 days, otherwise I shall seek a court order (do those days include weekend days?). Hope this will work. If not, how does the next step look like in terms of seeking help from the court? By the way, it is ironic that if the customer fails in the minuscule way with his account management, fees are automatically incurred but if the bank fails weeks/months/years, little happens.

[kosebamse]

More than 60 days and still nothing. Does anyone have a suggestion how to seek a court order?

[kosebamse]

Finally, I've received my DSAR today. And it's hundreds of pages! I have no idea where to look for to find info about the default notice. The document's pages are full of cryptic figures and acronyms and screen print outs which don't seem easy to read through. The sections are as follows:

 

1. Information held on computer by Collections & Recoveries. (I guess that's the one to contain the default notice info?)

2. Information held on the Personal Banking System.

3. A copy of the Current Account Statements.

4. Information held on computer by Card Services.

5. Some other print outs not divided into clear sections.

 

Any suggestions how to go about it?