Moongarden Vs Lloyds TSB and now 1st Credit

moongarden

I did a bank charges case against Lloyds TSB, went to court on 20th April 2007 and won my case.

At the time of the court date account in question was overdrawn by around £700 mostly made up of charges. Lloyds didn't turn up at court and shortly afterwards I received a notice from the courts saying "it is ordered that 1. The Defendant pay the Claimant the sum of £2878.88 2. There be no order as to costs". By September 2007 I still hadn't received the money from Lloyds - no contact from them at all despite me chasing - so it was back to the court, pay £55 quid and they sent in the bailifs and a couple of weeks later I got the cheque.

The account has been frozen since and is on my credit file as a Default.

Recently I have been contacted by 1st Credit chasing £887.99 which I dispute - what do I need to do next?

GeorgeUK

Is the 887.99 from the original £700 you were overdrawn? Or did you pay off the £700 with funds from the cheque?

moongarden

it is from the original overdraft. I had expected them to mention it in their defence but they didn't.

GeorgeUK

The £700 + interest (but possibly without charges) is still owed. Usually banks pay the money to your account rather than write a cheque and get their money back that way.

I'd ask for a breakdown of the statement and possibly offer a "full and final settlement" of between 30%-50%

moongarden

thanks, i'm going to try a full and final settlement offer today over the phone and follow that up with a letter & cheque.

once i've got the debt cleared i'll have to work out how to get it removed from my credit file as they defaulted me as soon as I brought the bank charges case - in retaliation maybe - and I don't believe they should have done that when it was in dispute.