I got divorced 5 years ago and moved out of the marital home. My ex-wife has finally got round to clearing out a store room and found some of my old stuff in there. In a box I found the credit agreement and Repayment Protection policy document that I took out in 1997. I've had issues with Lloyds a few years ago and SAR'd them but none of this appeared within the returned paperwork. I have the date I took out the loan, the value of the PPI, the monthly figures etc and I know I was told I had to have PPI for the loan as I wasn't long out of University and had just started my first job. I have tried to download the single premium spreadsheet from here but it just saves as attachment.php so won't work. I also can't find any letter template? If anyone has a copy of the spreadsheet working and/or a template letter please let me know. Do I need anything else to kick a claim off? Thanks in advance for any help provided.

just a loads of 6's and then U's....it's an old co-op loan which they did default but I argued and they removed it so it just sits there now as 6's

Thanks Ida....the June one has never been defaulted just sits on my credit file so should in be removed when the debt no longer exists?

I have a loan that worst credit bought. The last payment I made was 1st March 2008. Is this debt SB'd on the 2nd March 2013? I have lived in Scotland for the last 10 years. And.....I have another loan that I last paid on the 1st June 2008. It appears on my credit files. When this becomes SB'd does it come of my credit file as it no longer exists??? Thanks for any help

I have written a draft of my particulars so I think I'm ok now thanks. I don't have a mortgage as I was waiting to see how long my Job up here would last but as it was confirmed that it was going to last another 5 years I wanted to buy in March this year but couldn't get a mortgage because of the default. I have calculated what I would have paid off a repayment mortgage over the period and used that. I have the value up to just under the £5k threshold and then added damages at the descetion of the Sheriff.Just one important question.....I had an email from the ICO yesterday saying they had written to Lloyds demanding an explanation as to why they hadn't removed the defaults following their investigation. Lloyds have blamed a system error (!) and have said they have now gone. Can I still claim for this????

I would have thought this wouldn't be complicated seeing as the ICO have said that the default breaches the DPA. So guess it would be summary cause. Thanks for the info Ford, much appreciated

Thanks for all the advice.....sounds like I should quantity my losses and then go for damages as Systemerror suggests and keep it under the £5k limit. Still not sure how I would quantify how much money I have lost by not being able to get a mortgage. I can do the sub prime loan etc. Systemerror could you PM me a copy of your particulars so I have a starting point please?

No news from Lloyds and tbh I've trying to navigate the Scottish legal system and figure what I need to do. Not sure what I should put in the particulars of claim other than they registered a default which the ICO says is unlawful, remove it and pay me some compo! Anyone got a particulars of claim similar? The limits in Scotland appear to be the same but I'm loathed to drop to £5k and let them get away with it. Anyone know how to quantify what you would have paid off a repayment mortgage of £200k in a year? I can prove I'm £900 down in interest on a sub prime car loan. I'm paying £15 more a month on my mobile bill because I can't change whilst that defaults there. Then there is the amount they should compensate me for dragging this out for 18 months after being told by the ICO to remove it.....£5k seems cheap hence why I went for £25 per day which gives just over £10k. If anyone can help with particulars then please let me know

Hi IndaInFife. I had a loan that stayed in collections for years and I paid what I could every month but was gaining interest. They transfered it to their debt section in late 2010 froze interest and then registered a default. I complained that the default should have been registered 6 months after I started making token payments (sometime in 2005). Lloyds agreed but then went back on their word and keep the 2010 default date. I complained to the ICO who upheld my complaint saying they agrred that my data was inaccurate and therefore breached the DPA. They wrote to Lloyds in July last year amd Lloyds agreed to change the default date but roll forward to today and the default is still there. The ICO have sent another letter asking Lloyds to explain themselves but so far silence.During this time I have needed to buy a replacement car as my old one died but couldn't get a loan other than a small sub-prime 1 year one at 50+% APR. I have had another baby and we needed to move house but I couldn't get a mortgage due to the default etc etc so I have send a LBA demanding £25 per day to cover the loss and inconvience. I have no other defaults and 1 late payment on my CRA's so if it hadn't been there I would have gained mainstream credit.Surely I would win if the ICO have said they side with me???

Thanks Andy.Is that for Scotland or England? So I owe £76.23 which is the balance of their 'fees', are you saying I don't need to pay this or that I should pay it and then fill the forms in? Is the £126.23 acceptable for a £85 claim?!?

I am planning on raising a claim against Lloyds TSB for a breach of the DPA. I have a thread under the Lloyds sub-forum but want some specific advice for the actual claim. The ICO have confirmed that Lloyds have breached the DPA and now I want compensation. I am looking for over £10k damages but not sure if this is realistic (haven't been able to get a mortgage, loan etc). I believe that in Scotland this would be an ordinary cause action? Would I be liable for Lloyds costs if I lost? Also has anyone got a previous DPA breach based action that I could use as a basis for my claim. I'm new to all this so not sure what I'm supposed to be doing! Any help much appreciated.

I have a small limited comapny in Scotland and for medical reasons I filed my yearly account 2 weeks late. I recieved a £150 late filing fee. Due to the seasonal nature of my business cash flow at this time of year is pretty dire so I couldn't pay it all in one go. I paid £65 in October and then received a claim through the post during November for the £85 oustanding. I have paid a further £100 in late November and then £35 today after speaking to companies house (they confirmed that this was the oustanding amount due to fees). Total paid to date £200. Companies House told me that the Lewis Group were dealing with this debt and I should ring them to confirm the balance is paid. I don't pay DCA ever but rang them to check that it was clear. The woman was very rude and abrupt and insisted that I should have paid them not companies house.....whoops no commission for you!! She said that there was a balance of £111.23 outstanding. When questioned (and she made a right meal of the figures) she said that they had added £126.23 legal expenses onto the claim for £85!!! Now all they have done is issue the claim so is there something that should make the legal fee proportional to the claim? £126.23 for typing 50 words onto a form and submitting it can't cost that. What are my options here?Any help much appreciated.

Well surprisingly I have heard nothing from Lloyds....not even an acknowledgement!! So want to start drafting up stuff to take my claim to court. Never done this before so can anyone help me with what I need to do to start my claim in Scotland??Any help much appreciated

As long as the SAR covers all Lloyds accounts that the OP has/had. As I said my Lloyds loan charges nvere went near the loan account, they bounced the payments and then charged the current account £25. So the loan account in isolation looks like it has no charges at all.

It can only be defaulted once so if they do put anything on your CRA files just get it taken off. Lloyds like to chop and change DCA's.. ..guess whoever gets them the best deal gets the work plus DCA's get paid on commission so they like the accounts that take a couple of calls to get big money in. People like you that pay what they can afford over a very long period don't interest them. I guess you had a Lloyds bank account so any charges for missing payments etc will be on that account. You should also check how long after you defaulted they moved your account to their debt collection section and froze interest. Mine took nearly 6 years to move and over £3k of interest was added. I got them to remove that from the balance. Hope this helps

LBA letter sent out lining what is wrong, how it has caused me hassle and what I want. I took your advice Systemerror and charged £25 per day from the date of default......400+ days ago so that should get their attention. Also sent a copy of my ICO letter that says they can't win. Let's wait and see what they come back with.

Thanks Brig....yes used Noodle, Equifax and Ezperian.....doesn't appear on Noodle but does on the other 2. Just had to send the reports to the ICO at their request. How do I go about calculating damages? My car broke down and was uneconomical to repair so I got a replacement but due to the default could only get a small loan at 50% APR so have a banger that is costing me a fortune to keep on the road. This has been dragging on for over a year now. They agreed in Nov 11 to remove it, then changed their minds in Jan 12 and the ICO found in my favour in May 12.

I have a default from Lloyds which I believe shouldn't be there. As luck would have it the ICO agree and have told Lloyds to remove it, but should 5 months on its still there.Since this is the only default on my file I can prove that this has caused me financial loss and inconvience.So I want to send a LBA to Lloyds and then take them to court for damages.Do I send the LBA to Lloyds Data Controller? If so does anyone have a LBA template and what is the address pleaseAlso how do I go about estimating damages? Or do I leave it and let the judge decide?I'm in Scotland btwThanks for any help

Lloyds put a default on my file which was wrong so I complained to the ICO. They found in my favour and told Lloyds to remove it, which they agreed to.....3 months later its still there. Time for court me thinks. You have to keep at them.....they want you to become fustrated and just give up!!!

I'm all for people 'trying to get the job done' but when they try and use the intimidation act and assume that they don't have to be polite, civil or prove who they are, they will get no quarter from me.If he had been polite and civil I would have explained that the alleged debt was unenforcable as they have no agreement but as it was he got a broad side from my upvc cannon!!!!

He didn't have a parrot or a wooden leg so guess that rules the pirate out.....although he did have a wood effect upvc door slammed in his face!!!!

I doubt he will be back......it was his confidence that by getting me to confirm my name and then telling me what I allegedly owe to Robbers Way, I would just get my wallet and give him cash!!! The look on his face when I asked for ID followed by asking him to leave will stay with me for a long time.....oh and the cost of petrol and his time chasing unenforcable crud from Robber Way!

Well after 4 of my DCA's got greedy some 4 years ago and finding this site, I had my first visit from a collection agent. Noting that I live in the very far North of Scotland I never thought they would bother but it would appear they have a local self-employed monkey operating up here now.He knocked on the door and asked me to confirm my name and then went on to say that I owe Robbers Way X amount of money. I asked who he was and he said Robbers Way (?) and then asked for some ID and he showed me some crappy laminated card that he had blantantly made himself. He was getting his pen out and his payment card ready for me to hand over some cash......instead he got told to leave my property. He said 'so your refusing to pay' I said that I was asking him to leave as he had not made an appointment and I did not give him permission to be on my property. He said that he wasn't on my property.....you have to walk up a 20ft long path to get from the pavement to the front door!!! Anyway I basically shut the door on him but he was still saying 'so your refusing to pay'.When I checked its 4 and 1/2 years since I last paid them anything so 6 months and it will be SB (as im in Scotland). This was for a CC account that had no agreement.So a big thank you to this site for giving me the knowledge and confidence to deal with what should have been an intimidating experience.

Sounds a bit like what happened to me. I had a loan with Lloyds, started making reduced payments in 2005 via CCCS and they kept it in there collections department adding interest every month. Roll forward to 2011 and they decide to sent my loan to there debt recovery dept after it had grown with the interest and place a default on my file nearly 6 years after I started making reduced payments. I argued with them and they decided to remove the default but then 1 month later decided that the default should remain. I complained to ICO in Feb this year and have just got a letter back saying that they agree with me and Lloyds should have placed the default in 2005 and not 2011. The crux to the argument is Lloyds putting you in a worse position than somebody making no attempt to repay at all. If you have made regular payments via payplan then write to Lloyds and explain that they should have defaulted you after 6 months of reduced payments (ICO guidelines) and that any default should be back dated to then (it will then drop off). Quote the ICO guidelines at them and give them 2 weeks to reply. If they fob you off then complaint to ICO quoting their own guidelines and you should get what you want.I am now going for compensation from Lloyds !!

Does anyone have an example of a LBA letter for Scotland please?I rented through a letting agent and they have taken £300 out of a £450 deposit for cleaning etc. I have challenged them but they are saying the charges stand. I need to send the LL the LBA but the template on here is for England and I'm not sure the laws are the same up here.Any help appreciated.