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LondonUser2015

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  1. So I sent that letter to Lloyds by recorded delivery and had this reply about 10 days later.... with 1 letter I got the 2 defaults removed and I must say I think this is a very satisfactory response from Lloyds and a bit of common sense s I cant really fault them Im just annoyed I waited 4 years to post the letter as I wasnt very hopeful. I have checked my credit file and Lloyds have already removed the default although Lowell haven't but they have to within 60 days. I have a question, if I contact experian and show them this letter can they then confirm with Lowell and speed up the process so I dont have to wait 60 days? Surely Lowell would have to confirm its true immediately. Im sure this will make interesting reading for a lot of people but the only thing I can say is to post up on this group as you will get good advice from a lot of people id like to also say thanks for the help and replies taking the time out to do it. I have got another thread which is soon to be resolved aswell so have a look if you want, thanks
  2. Lloyds and their DCA's have been bombarding me with offers to pay half of the debt and clear it so I am sure there has been some sort of errors along the way. I have been away so havent been able to sort things but it doesnt surprise me that LLoyds are trying it on with you. Surely if they refund some of the charges for you that would make the initial default invalid as it was not a true reflection and if they then want to submit a new default would they not have to send you a new default notice or at least give you the chance to pay the correct amount owing therefore not defaulting on it? How are you getting on with it?
  3. Hi, sorry I have been away I have had other issues in my life but I have been going through all my documents and have written a 1st draft letter which I would like some advice on with regards to wording and any changes that need to be made. Here is my draft letter which I would like to send: Dear Sir/Madam, I recently requested all of my Data held with yourselves in the form of Subject Access Request which I have received and I thank you for this. However I would like to begin a complaints procedure as there are some issues with my account that I am not happy with. I have 2 defaults on my credit file with regards to this. I will list my complaints below and also my account number and sort code: Account Number: XXXXXXXX Sort Code: XX-XX-XX 1) I draw attention to my account between XX/XX/2010 and XX/XX/2010. I had a balance of £6.24 and on XX/XX/2010 £6.99 was debited from my account for the ID aware payment due for that month. This left me £0.75 pence overdrawn and this was the only time I was overdrawn in the month. You charged me a penalty of £75 for being £0.75 pence overdrawn. This is completely unfair and not a true reflection of the cost of credit extended to me by being overdrawn. 2) As a result of this charge which I notified the bank I could not afford you then proceeded to add more charges over the next 3 months which spiralled to £435 which you then defaulted me for. So for a £0.75 pence overdraft it has become £435 of debt. 3) I did not have an overdraft facility and I should not have been allowed to go overdrawn in the first place which would have resulted in none of the charges being added. 4) You then placed a default notice on my credit file without sending me any kind of default notice to my home address. 5) You then proceeded to sell my account to a debt collection agency but you did not remove your registered default on my credit file and the debt collection agency proceeded to add another default notice so for the past 5 years I have had 2 defaults on my credit file for the same debt which has had a detrimental effect on me and is completely unfair. 6) I can’t remember asking for the ID aware service that was on my account that put me overdrawn and then produced these debts to spiral out of control. 7) I lost my job at the time the account closed and was in financial hardship and I notified the bank of this at the time and was not given any help or relief of any kind which is disgraceful. I would like you to investigate these matters. I find it beyond belief that being £0.75 pence overdrawn can turn into £435 of debt and also result in not only one, but two defaults for the same debt being registered against me on my credit file. I demand that you contact Lowell Debt Collection and ask them to return the account to you for investigation and also to remove the default notice they have issued against me. I would then further demand that once this investigation is completed that you also remove the default from my credit file as it is not a true reflection of what has happened. I will be taking legal advice with a view to escalating this to the Information Commissioner, Financial Ombudsman and also to Court if I need to. I hope this can be sorted out amicably and I look forward to hearing from you soon. With Regards Can anyone give me some advice as to whether I have missed anything or should add or remove anything? I want to get this letter sent off as soon as possible to see what they say but I think I have a pretty strong case. If anyone can help at all and let me know, thanks
  4. What should I write in my complaint? And also is it worth doing it by email or by post? And there is definitely no default notice in my SAR pack and also on the logs of when the account was getting bounced around on their internal systems it goes direct to DCA there is no mention of any letter or notice issued? I really want to get this sorted I will write whatever I need to I just need to know what angle I should come from.
  5. .. I have posted my statements leading up to me losing my job and stopping using my account. As you can see on the 10/09/2010 there was a 6.99 ID aware charge that put my account 75pence overdrawn. This was the only time in the month period that I was overdrawn they have charged me £75 for being 75pence overdrawn. The charges then spiralled all the way up to £435 and I got hit with 2 defaults 1 with LLoyds and 1 with Lowells. Am I the only one who thinks this is mightily unfair? A 75pence debt turned into £435 and 2 defaults? Can anyone advise me what the best course of action would be now? Please help
  6. Thanks DX for your advice I will scan and post a copy of my statements up when I get home from work and then I can decide what the best route to take is...thanks again
  7. The balance of the whole 450 was penalty charges. They were account fees like £15 a month for the silver account, £4 a month identity theft, 2 returned DD charges and the rest is overdraft fees because I had no arranged overdraft but it is all bank charges. And yes the amount and default dates are exactly the same. I haven't seen a default notice in my SAR pack what would it look like? The only thing it says on the report next to the lloyds default on my credit file is debt assigned to cais member, then Lowell with the same amount and default date. It is definitely the same account I only ever had 1 with lloyds.
  8. Can I still go through the complaints procedure now? And I'm sure I read that if your default is in complaint stage with the bank then Lowell have to return it to them therefore removing their default or am I wrong? I need some help with what avenue to go down as I'm waiting to write a letter right now I just need the help if anyone can advise....
  9. Hi, I recently created a thread in another sub-section and I was very happy with the advice I received and it enabled me to get a default cleared from my name. However I have another issue as it seems I have 2 defaults on my credit file for the same debt. I defaulted on a Lloyds current account in 2010, I left the balance as zero but their account charges and returned DD charges pushed my account to around £450 overdrawn and then they defaulted me. They placed a default on my credit file then sold the debt to Lowell portfolio who then also registered a default so I have 2 for the same debt. I have tried to get experian to resolve this but I get hit with the same jargon as other people have that when a lender looks at my credit report they will only see 1 default. This is not the case as I recently applied for a mortgage and I had to send a copy of my report and it had both in there and both had to be logged on the application form for the mortgage. Can anyone advise me how to get the default removed from my credit file. Who do I write to? Are experian correct or is it still not right for 2 defaults to be on my credit file for the same debt? I was given an offer of a mortgage at a very high rate because of this 2nd default and I could do with getting it removed? Also where do I stand with regards to the original debt of £450. I didnt borrow any money and it is made up entirely of their charges even though I notified them that I had lost my job and not to take any more money from my account? I keep getting letters saying I can pay half price and they will clear the debt and have been told when they do this its because they have no legal right to claim the money? Advice needed.... Also I have SAR'd them and received all my paperwork its almost 500 pages but from the statements you can clearly see that its made up of only charges. I was helped before by DX who I thank enormously if I can get this matter sorted then everything will be complete. I await your replies and help and thank everyone in advice. This forum is amazing and like others I have spent countless hours reading it. Thanks Also just to say I will take the matter to court and follow it through until the end. I am quite handy at preparing documents and would have no trouble firing off letters or writing documents for court if it enables me to remove these defaults as they are unfairly affecting my life. I could live with the 1 default but the double whammy of 2 for same debt is too much. And i got it wrong the deafult is from November 2011.
  10. Hi Guys, so an update on an email I received back from essex water. Dear Mr XXXXXXXXX XXXXXXXXXXXXXXX Thank you for your email addressed to our chief executive officer, Heidi Mottram, received on 22 April 2015. Heidi has asked me to personally investigate and respond to your concerns on behalf of the company. I appreciate you taking the time to raise this matter with us so that we can explain what has happened and so that we may work with you to resolve your concerns. Our records show that we received telephone contact from you on 1 August 2005 and an account was opened in your name from 25 July 2005. Regrettably we heard nothing further from you to tell us that you had moved and charges have continued to be raised in your name to date. We did not receive any payment from you whilst you were resident and despite several visits by a representative, where notification was posted at the property, we were unable to make contact with you or any new occupier so we would have been unaware that you vacated the property. An account can be defaulted at any time on or after 90 days of payment not being received. The default was raised on XX October 2014. We are not currently in a position to remove the default however; if you could kindly provide confirmation that you were living elsewhere at the end of the six month tenancy, we will be happy to look at this again with a view to removing the default. We can accept a copy of a new tenancy agreement, a council tax bill or other utility bill that confirms you were in occupation elsewhere. I apologise for any inconvenience this matter has caused and hope my comments have explained why this situation has arisen. I look forward to hearing from you in due course and working with you towards a resolution. Should you wish to discuss any of the details contained in this letter or have any further points you would like to raise please contact me by telephone on xxxxxxxxx. If after further discussion you feel that I have not handled your complaint satisfactorily, you can have it independently reviewed by one of our customer care managers. A copy of our complaints procedure can be viewed via the following link: http://www.eswater.co.uk/your-home/your-services/g-standards-of-service.aspx . Yours sincerely xxxxxxxxxxx Customer Care Team Ok so it would seem as if they are willing to be reasonable with this but I want to ask a few questions. I have no problem getting a council tax bill or previous tenancy agreements from well known high street estate agents as Ive been living in rented property ever since then, but even if I didnt have they left themselves open here? 1) They admit the last contact was 2005 yet they continue 'to date' as they say to keep the account open? Is this a joke, no contact in 10 years and theyre still keeping the account open? 2) If I was to raise the matter with the ICO would he agree that the account being kept active for 10 years is highly unfair. 3) What is the best course of action? I personally want to get the confirmation I was living elsewhere and see if they honour there 'with a view to removing the default' statement. Like I said it seems like a matter of common sense I wouldnt even have a problem paying the 6 months I used as it wouldnt be that much I just want it cleared up. Let me know what you guys think.
  11. Hey Bazooka, you were right I got an email this evening at 19:28 I will re-write it below, Dear Mr Thompson, I am very sorry to read about your recent experience. Our Customer Service Team are investigating this matter and I have asked that their findings are reported back to me. We will provide you with a full response to the points you have raised by 4pm on Friday 24th April. Regards, Heidi So it would seem that she has answered personally and I take it she is interested as she said the findings would be reported back to her. They will find that there has been no contact between me and the company for over 10 years and hopefully see sense and remove the default, also if she wanted to send me the bill for the 6 months I wouldnt have a problem paying it, as I was technically liable, its the default I have issue with, due to the time being since I lived there. If they had defaulted me back in 2004-2005 it would be gone by now and I wouldnt be talking about it. Anyway big thanks to dx I think im gonna need your expertise with another matter Im trying to tackle for which there will be a new thread very soon, and also bazooka and all other members. And thanks for the email address I should in theory have an answer or explanation by friday so as soon as I do I will obviously be on here to either ask for advice or explain whats happened, so see you soon, and thanks for the help.
  12. Ok ive sent the email off is there a certian amount of time she has to respond before I escalate it? Is it worth getting the ICO involved pretty soon as it seems by the water company guidelines and the ICO guidelines regarding defaults that they are entirely at fault and should remove it immediately, and with the ICO likely to agree is it worth involving him now?
  13. Ok thanks so much DX so do you think this is a good starting point? And who should I fire this off to the heidi.mottram email and/or hardcopy but who do I send the hard copy to? Thanks again so much
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