Trying To Repair Credit Report - Wrongful Defaults?

[Wee Jock McPlop]

I might be fixing this, but I'd appreciate some feedback if possible.

 

Background:

In August 2008 I entered into a Trust Deed.

Because some of the debts were with Abbey National (as was) I had to get myself a new bank for a current account.

I went to Nationwide as they appeared to have a good reputation; well there's a new lesson every day I suppose.

 

After a year of struggling along with two basic bank accounts (one was joint with my wife which we used to manage our household bills)

and trying to get by using cash and a prepaid debit card only it was time to change and Barclays offered me a debit card with their basic account.

 

After getting all my direct debits changed over

I transferred the remaining few pence and asked Nationwide to close the accounts as they now each had balances of £0.

 

Nationwide wrote back refusing to do so saying there were pending charges

- two unpaid DDs from the previous month (I think) on each account (charges of £30 a time) which had not yet been applied.

I then began the usual process of disputing the validity of the charges using guidance from this site.

I even used the tack of asking them how their charges were calculated as they claimed they were based on cost and not punitive

- the irony of that was that they sent a letter saying that they were

"open and transparent about charges" but wouldn't provide the cost detail as it was "commercially sensitive".

 

Such charges on my new account with Barclays would have been £8.

 

every month during this dispute period Nationwide put a further £30 unauthorised overdraft charge, and interest on to the -ve balance.

 

This dragged on until I gave them an ultimatum and offered them £16 (based on paying the level of Barclays charge for the original two unpaid DDs)

without accepting the liability for them.

They accepted this and marked my credit file with a partial settlement from March 2011,

preceded by over a year of sustained arrears markers.

 

I have recently read the ICO's publication:

“Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies”

which clearly states that

“A default should not be filed: … If the amount outstanding is solely made up of fees or charges”.

 

I wrote to Nationwide just the other day to request that they remove the defaults as the balance they showed

was indeed only made up of charges and interest on those charges.

 

Is this right?

[dx100uk]

when did they levy these?

 

dx

[Wee Jock McPlop]

They were applied to the account at the end of July 2009, three weeks after I had asked Nationwide to close the account. I think the original charges referred to DDs which went unpaid on first request the month before - I had no issues with the recipients of the DD so I must have put money in for their second DD request that month.

[BRIGADIER2JCS]

They were applied to the account at the end of July 2009, three weeks after I had asked Nationwide to close the account. I think the original charges referred to DDs which went unpaid on first request the month before - I had no issues with the recipients of the DD so I must have put money in for their second DD request that month.

 

 

The ICOs Guidance on Defaults is nor retrospective I'm afraid.