Please- help- me -remove - default

PLEASE-REMOVE-MY-DEFAULT

Hi everyone,
I’m in a predicament. And I hope I make sense- apologies if I don’t.

I got defaulted by LLOYDS TSB last year as I owed them £198. I have paid this last year and didn’t realise they had defaulted me till I checked my credit report ;(

But I don’t recall them sending me any letters about a default - so I sent them a letter to provide me the default letter etc and a postal order of £1 asking to reply within 28days - which they didn’t - then sent them another to say you got 7 days to reply or remove - and now they called to say they reviewed it and they have sent it but cant send me a copy because their archive or something don’t store letters that long and nor do they need to provide it to me. And that’s that. Even if I requested that access thing for £10 that wont be any good either

What can I do now?

Please help

Ps I did tell them to put this all in writing too

Tixy

Hi

What type of debt was this? was it a bank account? or credit card? something else?

When you say you sent them a letter and £1 - was this a CCA request under s77 of the consumer credit act?

PLEASE-REMOVE-MY-DEFAULT

It was a student account over draft - which I was paying back in installment - but towards the end due to issues with them trying to charge me interest I stopped paying - and yes it was the CCA request - thank you for your reply

Tixy

So a CCA request won't work for a bank account, as they are not covered by that section of the act, they don't have a consumer credit agreement as such.

Also with a bank account there isn't specifically a requirement to send a notice of intention to default your account. That said most banks will make it clear in writing, usually when they recall the overdraft, that your credit file will be affected if you do not repay within x days. Sometimes they specifically mention a default.

Sending a subject access request with the £10 should provide you with copy documentation of everything they sent when they recalled the overdraft etc.

PLEASE-REMOVE-MY-DEFAULT

Does that mean I am doomed with this default for the next 4 years - also Lloyds said there is no point requesting the subject access thing. According to my report the arrangement started 01/07/12 and ended 01/09/12 and defaulted my account 06/09 /12. I thought I was in dispute with them trying to arrange another payment plan during that period and was not aware it was effecting my credit. As up to the point of renewing this i was up to date with my payment.

Tixy

I think it is probably unlikely that you will get it removed.
If the overdraft was recalled and you did not pay off the final amount until 2013, then it sounds like you did default.

That said it doesn't mean it is not worth trying to get them to remove it, especially if its the only default on your credit file. When was the overdraft first recalled? one thing people do tend to have more luck with is getting defaults backdated if they have been applied arguably late.

May well be worth a subject access request despite what they have said on the phone. The bank will have copies of the correspondance on the account for the last 6 years detailing when it was recalled, what letters they sent to you etc.

PLEASE-REMOVE-MY-DEFAULT

Hope this makes sense - basically my student over draft limit was £1500 account opened in 2006 - after few months because i went over my limit by a few pounds and because I did not receive letters from LLOYDS (my own fault for not be more thorough as my sister thought it was her letters ) they put the account in collection and wanted repayment- and i agreed to pay back in small amount to clear it off so that i don't have any debts which they agreed for me to pay with no interest and reviewing this every 6 months - over the year there were a few missed payments due to Lloyds trying to charge me interest during some of the reviewing period and then overruled by managements - so for the first few years I was in this repayments plan till towards the end they tried to charge interest again which I stupidly refused to pay thinking it'll get sorted like all the other time and waited for the mangers to call and sort out - when this dragged on for a lot longer then i thought it will i paid the rest out standing balance of £198 not wanting to be defaulted - little did i know it was already done.

PLEASE can you make me understand - can they default my account after two missed payments - coz by the looks of it - as explained above - the arrangement was from 01/07-01/09 and defaulted 06/09

Tixy

I would think you may have a better case to argue the date of the default, not that there was a default. (The benefit of this is that the default/debt will drop off your file much sooner).

When did the account first go to the collections department? and you first make a repayment arrangement with them?
What shows on your file in the months before the AP marker?

I would write to them and present an argument that they should have entered a default date within 6 months of the account first being closed and you making an arrangement to pay in installments.

This post http://forums.moneysavingexpert.com/showpost.php?p=66104048&postcount=3 contains a link to the guidance on filing defaults at the time.

I would probably quote from that document to help your case.
e.g.
clause 11
clause 15, 2nd bullet point

PLEASE-REMOVE-MY-DEFAULT

GUESS WHAT!! Lloyds are removing my default!!!!!!!! After my convo with them yesterday and explaining the situtation she called me now and said they would remove my default!! They believe that I may not have received the notice and will remove it!! I'm sooooooooo happy!!! Thank you tixy sooooo much for your advice!!!!

modder25

PLEASE-REMOVE-MY-DEFAULT wrote: »

GUESS WHAT!! Lloyds are removing my default!!!!!!!! After my convo with them yesterday and explaining the situtation she called me now and said they would remove my default!! They believe that I may not have received the notice and will remove it!! I'm sooooooooo happy!!! Thank you tixy sooooo much for your advice!!!!

Well done.


I too have had good news from Lloyds today