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Incorrectly issued default notice


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Hi everybody my first time in using this forum

 

I have a problem with a well known high st bank that I had a credit card with some years ago,due to getting myself into financial difficulty I went to all my lenders and negotiated a repayment plan with all lenders.

 

After paying all lenders I found out a year later that a certain bank had placed a default notice on my credit score even though the account was settled.

 

I asked the bank to explain why as the payments had been adhered to and there response after many visits to the bank and telephone calls that they could not remove it.

 

I then contacted the Financial Ombudsman and there findings were that it was incorrectly applied and should have been applied by the bank a year earlier but this was not the case and there recommendation was that it should be reapplied at the earlier date!

 

Can a incorrect default notice be left to stand and can they re apply it?

 

The reason the financial ombudsman said it should be back dated is that it should show a true reflection of my account but due to them putting me on a repayment plan and my payments didn't meet the minimum percentage of what they needed but this was also not explained to me.

 

They now even refuse to speak to me or enter in any form of correspondence what can I do

 

regards

 

Jon

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Hello 777 and welcome.

 

Can you let me know what bank this is and then I can move you to the correct forum.

 

This is the one where we all say hi and buy each other a beer :)

 

Hi it is Lloyd's TSB

Thanks

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you are in the Lloyds forums now :)

 

Ok, so the FOS has backed you and advised the bank they are to amend the Default date, the bank is still refusing to do this, yes ?

 

I think you need to contact the FOS again and advise the bank is refusing. You should also make a complaint to the Information Commissioner who deals with this type of issue.

 

I would suggest you also contact the CRAs and provide them with a copy of the decision letter from the FOS and ask them if they can do anything to sort this out.

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Hi does a incorrectly issued default notice stand in any court of law as I feel the only way forward is them make them answer is in court if no joy with FOS after they ruled it was incorrectly applied then they thought it would be fair to back date it

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An incorrectly issued default notice could be in breach of the Data Protection Act. Have a look at my thread where I tried to sue a debt collector, although I accepted early settlement.

 

Obviously I can't guarantee it will work for you, but you could try something similar, if you want to.

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