Ulster Bank added me to ICB for suspected missed payment - never notified!?!

Zulu

Hi folks, could use some advice. In 2009 I took out a 5yr car loan with UB. I repaid via DD. I cleared the loan after 24 months.
Last year I applied for a mortgage and heard that I was listed on the ICB. I got a report and it stated that I had missed a payment of the loan and hence was added.

In november contacted UB who claim I missed a payment, so they added me to the ICB. They never notified me. And until last year I never knew about it.

So I've been chasing them since november and only today got through to a "complaints handler". His position is that it's my responsibility to ensure that the direct debits are paid, and so he's not happy to do anything about it.

My position is - did I even miss a payment? and if so i wasn't notified; if I was notified I'd have paid, why wasn't I notified?

He's going to check if there's any regulatory obligation for them to notify me, and come back to me. They aren't budging.

So I take it there's no regulatory obligation for them to notify me? I take it there's nothing I can do??

I'm going to see if I can get bank records from 2008/2009, but I'm guessing that'll be a laugh.

Grab All Association

Don't think so best to check with the financial ombudsman/central bank.

As for bank records under the data protection act you can obtain every the bank holds about you for a maximum fee of €6.35

Under Section 4 of the Data Protection Acts, 1988 and 2003, you have a right to obtain a copy, clearly explained, of any information relating to you kept on computer or in a structured manual filing system or intended for such a system by any entity or organisation. All you need to do is write to the organisation or entity concerned and ask for it under the Data Protection Acts.
Your request could read as follows:


Dear ...
I wish to make an access request under Section 4 of the Data Protection Acts 1988 and 2003 for a copy of any information you keep about me, on computer or in manual form in relation to.... (Fill in as much information as possible to assist the organisations to locate the data that you are interested in accessing e.g. customer account number, staff number, or PPS number (if you are writing to a public sector organisation such as the Revenue Commissioners or the Department of Social Protection)).


You should also include any additional details that would help to locate your information - for example, a customer account number or staff number. You may be asked for evidence of your identity. This is to make sure that personal information is not given to the wrong person. When requesting some types of record, such as credit history or Garda records, it may also be useful to provide a list of previous addresses, previous names and your date of birth. You may be asked to pay a fee, but this cannot exceed €6.35.

Once you have made your request, and paid any appropriate fee, you must be given the information within 40 days (most organisations manage to reply much sooner).

http://www.independent.ie/business/personal-finance/latest-news/personal-bank-account-files-going-back-years-can-be-seen-for-635-29493588.html

If you never missed a payment and the bank made the mistake they have to rectify it under law and if they don't you contact both the financial ombudsman and data protection commissioner.

mitosis

Check that you made all your payments. There is no point speculating until you know this.

Zulu

And if I did miss one (I'm assuming this all comes from me missing a payment and them not notifying me) what then? I take it I'm screwed.

unclebill98

Well if you did miss a payment on a loan you paid off early its a very easy thing to explain. As long as your explain it clearly and have the statements to back it up it should not impact your new application.

As long as there is not anything else etc.

Zulu

So I checked the payments and guess what, I made the payment! It transpires I made the payment via standing order or direct debit on the 14th, but it's looking like the payment needed to be in UB's account on the 14th. They're checking their side, but it seems it takes two days to clear.
The Ulster Bank team kindly referred me to the ombudsman, and told me I was "going on and on about it". Nice customer service. :rolleyed:

Zulu

It's a long time coming, but last week I got a phone call from UB. From their complaints escalation team. Apparently the agent I'd been dealing with (who was supposed to have sent me out a final position) referred me to them instead of issuing the letter. Anyway, they investigated and have agreed that although they weren't "legally obliged to notify me" of any missed payments at the time, shortly afterwards there was a legal obligation introduced.
In short they don't recognise a mistake on their side, but do recognise that I was very poorly treated, and that I had made a genuine effort to pay on time.

So they are removing my name from the ICB (via amendment) and offering me €750 in compensation! Jolly good show I'd have thought. Would the FSO penalise them more do you think? Are they running scared, or is this a genuine offer?

mickdw

If they are giving you €750, I would guess that they indeed acted incorrectly.

Zulu

Well they treated me like utter crap. I'm just trying to work out whether to "walk away now with €750" or play for "whats in the box" with the FSO

murphaph

A bird in the hand is worth 2 in the bush.

Zulu

True, but I've nothing in my hand right now.

fits

Same happened me. Took out loan from first active. Missed payment around time of merger with Ulster bank. Never notified. I knew there was an extra month worth in service account so put it down to merger. Like you I have one black mark on credit record now. Did you still get your mortgage? I was told that black mark could not be removed from my credit record.

Zulu

fits wrote: »

Same happened me. Took out loan from first active. Missed payment around time of merger with Ulster bank. Never notified. I knew there was an extra month worth in service account so put it down to merger. Like you I have one black mark on credit record now. Did you still get your mortgage? I was told that black mark could not be removed from my credit record.

Oh it can be removed (amended anyway) alright. They are currently doing that now. No on the mortgage though. The offer was only for a few months, and now my wife has left work to be a stay at home mum, so there no real chance of a mortgage now.