Default on Lloyd's account - PLEASE HELP!!

Optimist22

Hello everyone,

I really hope someone will be able to advise me in the following incident.

I opened a current account with Lloyd's in 2098. Never had any issue. In august 2012, I moved to the states for one year. My current balance was £0. I didn't not plan on using my account abroad and therefore did not think it was necessary to make Lloyd's aware of my move (big mistake).
When I moved back at the end of 2013 I tried to get a phone contract and got denied which is why I signed up with experian. That's when i found out about a default from Lloyd's against my name. I was devastated.
default date-summer 2013
Default amount-£201

It seems as if the actual amount I owe was less than £5. The rest is based in fees. I may it may not have received a notification/default notice by mail but since I never changed my address it would have been sent to my old address. I would have obviously paid the outstanding balance if I knew about this.

After signing up with experian I started receiving letter from debt collectors asking me to pay the owed amount. I have not replied to any of the letters.
Unfortunately I do not have the actual contract or old statement anymore. I have sent Lloyd's a letter asking for further information - see letter below. This letter was sent a month ago. no reply yet.

Could anybody please provide further advice on how to go from here? I really want to try and remove the default, if possible.

"Dear Sir or Madam

Account number - xxxxxxxxxx
Sort Code - xxxxxx

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my current account.

Further to this I do not have a recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £2 postal order in payment of the statutory fee, PO Serial Number ...

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

Yours faithfully"


Many thanks in advance

fermi

Sadly you have plucked this template letter from somewhere on the internet (has even been posted here before), but I'm afraid it is a load of guff.

1. Overdrafts are exempt from having credit executed credit agreements that you can request under s77-79 CCA1974. So you will likely get a reply to that effect, and that they are not obliged to reply.

2. There is no legal requirement for them to do that either. If a notice was sent, ICO guidance 2007 only suggests that a record that one was sent might be required. They certainly do not have to keep a copy or supply you with one now.

3. Again there is not legal required for them to give you that. In fact, in many cases a deed of assignment is a confidential commercial document that they are not allowed to share with anyone else.

I remember when this letter was first posted years ago that an occasional creditor unsure of their standing removed a default.

They are all (or next to all) familiar with this now, and will refuse and refute it.

Optimist22

Thank you for the respond. Could you advise me on how to go from here? Any chances of getting the default removed?

modder25

Optimist22 wrote: »

Thank you for the respond. Could you advise me on how to go from here? Any chances of getting the default removed?

I have recently had a run in with LLoyds to and after speaking to the normal customer services team I had no joy and they refused to remove my AR markers but offered me £50 compensation. I refused this and said that I want them to take my complaint further as I was misled from the beginning by one of their advisors.

I was then phoned the next day by the Customer Services Complaints department in Rosyth and was told that they have looked in to my complaint further. After providing them by fax a copy of my credit report to prove the AR markers they agreed to remove the markers and compensated me with £264 which they paid into my bank (not Lloyds as I was no longer with them) the same day and apologised for me being misled.

If you would like their email address and phone numbers then I can try and dig this out for you when I get home tonight, it may not help you with your situation but could be worth a try.

All the best