Default Removal

[Koptrader]

Re: Default Removal

Hi guys

Is NID not around at the moment? Still looking for some advice with regards how best to approach a FOS complaint to get the default removed, given all the stuff on my account that makes the default, basically, a complete sham!

Thanks
KT

[Never-In-Doubt]

Re: Default Removal

Well you'd be complaining that had they not mis sold ppi youd not have been defaulted and and such, with the account being already past settled, it should be removed.

You need to get the balance as at default notice issue date and confirm the arrears
Then confirm the settlement date, ie date you paid up

Let me know above then we'll work on FOS. You have plenty time. Relax

[Koptrader]

Re: Default Removal

Well you'd be complaining that had they not mis sold ppi youd not have been defaulted and and such, with the account being already past settled, it should be removed.

You need to get the balance as at default notice issue date and confirm the arrears
Then confirm the settlement date, ie date you paid up

Let me know above then we'll work on FOS. You have plenty time. Relax

Haha ok thanks mate

Details as below:

Date of default - 15/09/2008
Default Balance - £797.00
Date settled - 31/01/2010 (With part of balance from charge reclaim)

So...I write to Halifax again to complain about the default on the grounds that PPI was included and then numerous charges which mean on balance that the defaulted sum is not actually accurate and shouldn't have been issued and then, if they reject again, I complain to the FOS?

That right?

Thanks
KT

[Never-In-Doubt]

Re: Default Removal

No no you're going too fast. It doesn't add up yet.

What was your reclaim (ppi) amount that you just got? Not interest just the ppi element?

[Koptrader]

Re: Default Removal

No no you're going too fast. It doesn't add up yet.

What was your reclaim (ppi) amount that you just got? Not interest just the ppi element?

PPI Refund (Not incl interest) = £269.66
Charges refunded previously (Not incl interest) = £956.00

Thanks
KT

[Never-In-Doubt]

Re: Default Removal

Ok so they refunded £900 odd which totally cleared the default amount plus cleared the account in full which they refunded you the difference of? Is this accurate?

[Koptrader]

Re: Default Removal

Ok so they refunded £900 odd which totally cleared the default amount plus cleared the account in full which they refunded you the difference of? Is this accurate?

The default amount was £797.00. My account was with Blair Oliver & Scott by this stage and I had paid some of the money off month by month. So the amount outstanding when they refunded all charges in Jan 2010 was £567.00. They refunded £956 in charges, of which, £567 went to clear the remaining outstanding on the account and the other £389 (plus the interest amount) came in a cheque to me.

Then, few weeks ago, they refunded £269.66 in PPI premiums after upholding my complaint

Hope that all makes sense

Thanks NID

KT

[Never-In-Doubt]

Re: Default Removal

Actually all I need is the amount of refund in 2010 (settled date) minus interest. Please confirm this again and I'll work it out for you

[Koptrader]

Re: Default Removal

Actually all I need is the amount of refund in 2010 (settled date) minus interest. Please confirm this again and I'll work it out for you

Total Refund in 2010 was £1,197.10

The total of charges refunded was £956.00
The refund of interest was £241.10

Thanks
KT

[Never-In-Doubt]

Re: Default Removal

Right you need to try and complete the FOS complaint using the wording below:

Remember to send a copy of both reclaim letters plus a copy of your final response from the bank regards default removal. Send a copy with the complaint form, found here ---> how to complain – the first steps

Reason for complaint to the FOS:
An unlawful default was applied to my account in September 2008. Halifax refuse to remove it even though I was never defaulted at that time.

Reason for complaint:
I complained to the bank around 2008 regards unlawful charges and they pretty much dismissed my claim. I knew the charges were way higher than my balance so whilst I still made payments to the Debt Collection Agency, Blair Oliver & Scott (HBOS' internal DCA) each month, I was continually fighting this reclaim.

In January 2010 the reclaim was settled by Halifax where they paid a full refund of all charges plus interest, a copy of this letter is attached for your perusal. As you can clearly see, they refunded a total of £1,197.10 with £956 being the actual unlawful charge element, i.e. before applied interest. The bank actually defaulted me for the amount of £797 back in September 2008 yet as you can see, had they refunded me at that time instead of dragging it on for over 16 months there would never have been a default.

The ICO have created guidance notes on the issuance of defaults and whilst I appreciate the account was technically defaulted the fact that the bank have admitted their error and refunded me in full proves that at the time, in 09/2008 my account was not in fact defaulted as I would have been at least £159 in credit, not in fact arrears at all.

I have also just recently been awarded a full refund of all PPI premiums as well, a copy of this letter is also attached for your perusal, which again confirms that if you deduct this from the balance in September 2008 I would be even more in credit than the £159 mentioned above.

I do feel that the bank is being totally unreasonable and is directly trying to punish me with this defaulted record when in fact they have admitted twice, that they were in fact those in the wrong. The fact they are punishing me as a result of their errors does show an unfair relationship and gross negligence on their behalf.

[Koptrader]

Re: Default Removal

Right you need to try and complete the FOS complaint using the wording below:

Remember to send a copy of both reclaim letters plus a copy of your final response from the bank regards default removal. Send a copy with the complaint form, found here ---> how to complain – the first steps

Reason for complaint to the FOS:
An unlawful default was applied to my account in September 2008. Halifax refuse to remove it even though I was never defaulted at that time.

Reason for complaint:
I complained to the bank around 2008 regards unlawful charges and they pretty much dismissed my claim. I knew the charges were way higher than my balance so whilst I still made payments to the Debt Collection Agency, Blair Oliver & Scott (HBOS' internal DCA) each month, I was continually fighting this reclaim.

In January 2010 the reclaim was settled by Halifax where they paid a full refund of all charges plus interest, a copy of this letter is attached for your perusal. As you can clearly see, they refunded a total of £1,197.10 with £956 being the actual unlawful charge element, i.e. before applied interest. The bank actually defaulted me for the amount of £797 back in September 2008 yet as you can see, had they refunded me at that time instead of dragging it on for over 16 months there would never have been a default.

The ICO have created guidance notes on the issuance of defaults and whilst I appreciate the account was technically defaulted the fact that the bank have admitted their error and refunded me in full proves that at the time, in 09/2008 my account was not in fact defaulted as I would have been at least £159 in credit, not in fact arrears at all.

I have also just recently been awarded a full refund of all PPI premiums as well, a copy of this letter is also attached for your perusal, which again confirms that if you deduct this from the balance in September 2008 I would be even more in credit than the £159 mentioned above.

I do feel that the bank is being totally unreasonable and is directly trying to punish me with this defaulted record when in fact they have admitted twice, that they were in fact those in the wrong. The fact they are punishing me as a result of their errors does show an unfair relationship and gross negligence on their behalf.

Hi NID

Thankyou for doing the above for me. I think you have got a little mixed up though, I didn't complain about the charges and seek a refund in 2008. It was only afterwards in 2009, around 12 months after the default, and at same time as all the press coverage on claiming back charges, that I actually complained about the charges and got the refund then in 2010.

Does that change your advice or would you still go with the above line of query to the FOS?

Thanks
KT

[Never-In-Doubt]

Re: Default Removal

Hiya

Noooo - you complained in 2008, remember...? (trust me)

[Never-In-Doubt]

Re: Default Removal

The wording above was chosen for a reason - re-read it, you'll see I use the term 'around 2008' - whaaaat, do you recall the exact date do you? Well then, lets see what they remember eh?

The default was in 2008, so you originally complained in 2008 - remember now?

Point is, the above will stand you in good stead to win this fight....

[Koptrader]

Re: Default Removal

The wording above was chosen for a reason - re-read it, you'll see I use the term 'around 2008' - whaaaat, do you recall the exact date do you? Well then, lets see what they remember eh?

The default was in 2008, so you originally complained in 2008 - remember now?

Point is, the above will stand you in good stead to win this fight....

Haha oh ye....I remember now :-)

Thanks NID

KT