Abbey default help with letter needed

[sammy115]

I successfully claimed over £4,000 of bank charges with Abbey which left a balance of £1,584 outstanding. The claim was settled in December.

 

Abbey registered a default (in March) but on my credit file it states that I defaulted in November with a balance of £1,584.

 

I have requested a copy of original CCA and statement and original default notice. I received quite quickly a letter stating the following.

 

'although authorised overdrafts are regulated by the Consumer Credit Act 1979 Abbey does not need a signed agreement from you in order to give you an overdraft facility. I am therefore unable to provide you with a copy, but I have enclosed a statement of account signed on behalf of Abbey and a copy of the Abbey Account terms and conditions'.

 

What they have sent me is a signed screen print of my account which shows that on the 14th October a CAIS- RECOVERIES CAIS letter was sent (?). It also clearly states in the notes at the top of the screen 'pls be aware claim rec'd by legal re bank charges - LCHA 29/6/06 - settled 28/2/07'.

 

It does not show what my account balance was as at 14th October but it does state that on 22nd June my balance was £1,584.

 

As to the default notice they state-

 

'I can confirm that we informed you of our intention to register default information on 14th October 2006 and the paragraphs below are a true copy of the paragraphs set out in the original letter'.

 

They then go on to repeat the standard wording of a default notice adding my sort code and account number for good effect.

 

I could really do with some help in drafting a letter to respond to Abbey.

 

Can anyone help please.....

[TheAnalyst]

I'd complain to the information commissioner on the grounds that without a signed credit agreement they do not have your written permisison to disclose information to the CRA's and that issuing a default with the CRA's they have breached the DPA.

 

The ICO should instruct them to remove the data. Without the signed agreement the debt is unenforcable, its then up to you to decide wether to pay it however if you pay it off before complaining to the ICO they will be more inclined to intervene regarding the default.

 

PM me if you would like a copy of my ICO complaint form for a similar matter with Littlewoods.