Hi all, been a while! Just a quick one - i;ve been out the loop for a bit, I had a credit card with lloyds that i unfortunately defaulted on last year - they have sold it on to a credit management company and theyve been taking £10 per month. I have recently decided to sort it all out, and it dawned on me that i took this card out in 2006ish, and its probably full of unfair charges and ppi too from memory. How would you go about this? I was thinking i should SAR Lloyds to work out the charges / ppi etc and try to claim it back - if it works i would hope that it offsets the amount i owe? Any advice much appreciated!

sorry to butt in a year out of date but are they allowed to default you over ten years after the occurrence of the debt? i thought they had to issue the default within 6 months..unless i have misunderstood... did you get your mortgage?

hi all, thanks again for the responses. I've sent what was here, but will definitely bear in mind that the clause is most likely unfair if he tries to claim some sort of damages for any late post! cheers

thanks for the quick replies guys - yes the majority of it is bank looking mail. We've always tried to get it to the landlord and it can be a real pain, but we're nearing the end of our tenancy and the landlord has decided to remind me of this clause and says he is waiting for important mail. I will of course forward anything that is here, (quite alot) but its not all from within 7 days, so wondered if this may be some sort of deposit keeping tactic!

Hi All, Just wondering whether a clause in a tenancy agreement is enforceable? it says the tenant must forward all correspondence addressed to the landlord within 7 days, and reasonable costs incurred by the landlord due to the tenants failure to comply are to be repaid. The landlord gets alot of mail, and its not always easy for the tenant to remember or find the time to do it, any thoughts?

thanks for all the replies, i think i will do as helios suggests because it appears to me that they are asking me to sign to confirm i will not breach contract, yet they have already breached contract by not paying me!

guys, any ideas on how i could word my reply to their email stating that they will pay me once i have signed another declaration? thanks in advance

thanks helios, luckily its all made up of basic & accrued holiday pay, so as far as i could see they cant withhold...i wanted to take them to a county court to save on costs, and i was told i could charge interest on the money owed? As i said to Kurva, im wondering if i refuse to sign their latest declaration, and they decided to go to court would a court think i was being unreasonable, but im starting to think from the kind replies from you all here that they have to pay up whether i sign again or not!

i spose youre right, i dont want to give them control back, but i could do with the £! also, the reason the MD gave me for withholding my pay was 'youve left, so why should I do you any favours? sue me.' that was why i sent the legally worded letter... basically theyre just being annoying!

Thanks for the reply, yes i already have threatened them with court, and they are big, but it seems cut and shut to me - its illegal to withhold pay full stop, and they wouldnt want a ccj - i just wouldnt want a court to suggest that if im refusing to sign another form then i may be thinking of breaching the covenants - my point is that i already signed to that effect by signing their contract! (so to be fair i am refusing out of principle) so you think im ok to refuse and just reaffirm my demand for payment?

Hi all, hoping for some advice if possible... I recently resigned from a sales role, to move to another firm after feeling very 'pushed out'. Turns out i was right to, as a week later they made all my colleagues re-apply for their jobs on a much lower wage... Anyway, when i left they treated me really badly, making me commute an unreasonable distance during my notice period to another office, withdrawing my company vehicle early, bad-mouthing me etc etc. they made an enormous fuss about restrictive covenants in my contract, and even conducted a recorded exit interview to reaffirm those covenants. Since then, my notice period has finished, and they have not paid me. After ignoring my calls and emails, i sent them a letter (recorded) threatening to take them to court (as per the emploment rights act 1996) to recover the money owed, and also claim any bank charges etc incurred as a result of not being paid. As if by magic, the day they rec'd my letter i got an email stating that they want me to sign yet again to confirm that i will not breach the restrictive covenants before they will release my salary. As I see it, i already signed to this effect by signing their contract when i joined them, and again it was affirmed in the exit interview, which to me, means that i am under no obligation to sign anything further, but they do have an obligation to pay me. They should have paid me on the contracted payday, and for them to deliberatley not pay me, then ignore me, i do not see why i should have to sign another form before they agree to pay me. My question is this, if i refuse to sign anything else, and it goes to court, will a court accuse me of being difficult or would they agree that i do not have to sign anything (especially as my contract is now officially terminated) but that the company are obliged to pay up regardless? Essentially, as they have interfered with my finances, and it is against the law to withhold wages, why should i sign anything and give control back to them? shouldnt they just pay up? Sorry to ramble, thanks in advance for your replies!!

Thanks for your replies guys, all very helpful...thought I'd share it here too..

and this one from ODC... As it is a Cap One debt I will be very surprised if Lowells can come up with an Executed Copy of your CCA request. The best they will come up with is a poor photocopy of you application form which will not contain all the prescribed terms. If this proves to be the case the debt would have been unenforceable in Court. Whilst I do not advocate this as a means of Debt Avoidance I do feel that you may have paid our friends in Leeds a lot more than you needed to and they still defaulted you.

Had this reply from Gizmo111 : Its a standard reply and your account of zero is put on hold There is no harm in sending the credit report to them, they can't do anything with it.

You can see their reply on The Consumer Forums > The Consumer Forums Debt Action Group > Debt Collectors and Debt Collection Agencies Hi, After some help with default removal Lowell as I cant attach here, and cant work out how to paste the scan on ....